Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.36.104.107

Summary

The court grants Strike 3 Holdings, LLC’s ex parte application to conduct limited expedited discovery from the internet service provider associated with IP address 98.36.104.107. The order permits discovery limited to the true name and address of the subscriber, subject to privacy safeguards and restrictions on service and disclosure. The court also establishes procedures for notice, a possible informal conference, and status reporting.

Holdings

1. A court may authorize expedited discovery before the Rule 26(f) conference when good cause exists, meaning the need for expedited discovery, considered in light of the administration of justice, outweighs prejudice to the responding party.
2. The court authorized plaintiff to serve the ISP with a limited subpoena seeking only the true name and address of the person or entity to whom the subject IP address was assigned.
3. Expedited identity discovery required safeguards addressing the potential defendant's privacy interests, including notice, an opportunity to move to quash, restrictions on formal service, and continued anonymity absent further court authorization.

Questions Presented

1. Whether plaintiff established good cause to obtain expedited discovery before the parties' Rule 26(f) conference.
2. Whether the court should authorize a third-party subpoena to the ISP for the name and address associated with the subject IP address.
3. What privacy and procedural safeguards were necessary before allowing discovery identifying the Doe defendant.

Disposition

other