Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.12.248.23

Summary

The court grants Strike 3 Holdings, LLC’s ex parte application to serve a third-party subpoena on the internet service provider associated with IP address 73.12.248.23 before the Rule 26(f) conference. The order limits discovery to the true name and address of the subscriber and imposes privacy safeguards, including notice to the identified person, restrictions on formal service, and confidentiality requirements. The court also provides for a voluntary informal conference and requires a status report within 60 days.

Holdings

1. A court may authorize limited expedited discovery before the Rule 26(f) conference when good cause exists, meaning that the need for expedited discovery in light of the administration of justice outweighs prejudice to the responding party.
2. Expedited discovery to identify an anonymous copyright defendant should be limited to the subscriber's true name and address and accompanied by safeguards protecting the potential defendant's ability to challenge the subpoena and preventing premature disclosure of the defendant's identity.

Questions Presented

1. Whether the court should authorize expedited discovery before the Rule 26(f) conference to identify an anonymous copyright defendant.
2. Whether expedited discovery should be limited and accompanied by privacy and notice safeguards because an IP address does not necessarily identify the alleged infringer.

Disposition

other