Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.51.14.109

Summary

The United States District Court for the Eastern District of California grants Strike 3 Holdings, LLC's ex parte application to serve a third-party subpoena on the internet service provider associated with IP address 98.51.14.109. The order limits discovery to the subscriber's name and address, imposes notice and confidentiality protections, permits an informal conference concerning any motion to quash, and bars formal service absent further court order.

Holdings

1. A court may authorize expedited discovery before the Rule 26(f) conference when good cause exists, meaning that the need for expedited discovery, considered in light of the administration of justice, outweighs prejudice to the responding party.
2. Plaintiff established sufficient grounds for limited discovery because it presented a prima facie copyright claim, narrowly sought the subscriber's name and contact information, lacked an alternative means of identifying the defendant, and required the information to proceed with the action.
3. Because an IP-address subscriber may not be the actual infringer and disclosure of an alleged pornographic-film download could cause embarrassment or reputational harm, expedited discovery could be granted only with safeguards protecting privacy and permitting the potential defendant to challenge the subpoena.

Questions Presented

1. Whether plaintiff showed good cause to obtain expedited discovery before the Rule 26(f) conference.
2. Whether the court should authorize a subpoena to the ISP to identify the person or entity associated with the subject IP address.
3. What safeguards were required to protect the potential defendant's privacy and provide an opportunity to challenge the subpoena.