Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.202.195.94

Summary

The United States District Court for the Eastern District of California grants Strike 3 Holdings, LLC’s ex parte application for expedited discovery to identify the subscriber associated with an IP address allegedly used for BitTorrent copyright infringement. The order authorizes a subpoena to the internet service provider seeking only the subscriber’s name and address, while imposing privacy protections, limiting service of process, and preserving the potential defendant’s opportunity to challenge the subpoena. The court also requires a status report within 60 days and cautions the plaintiff not to disclose the defendant’s identity without further court permission.

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 against the administration of justice, outweighs prejudice to the responding party. Good cause existed because plaintiff presented a prima facie copyright claim, narrowly sought the subscriber's identifying information, had no practical alternative means of identification, and could not proceed without the information.
2. An ISP subpoena seeking the identity of an anonymous subscriber may issue only with safeguards addressing the subscriber's privacy interests and opportunity to challenge the subpoena. The subpoena was limited to the true name and address associated with the IP address; formal service and disclosure of the defendant's identity were restricted pending further court authorization.

Questions Presented

1. Whether the court should authorize expedited discovery before the Rule 26(f) conference to identify an anonymous copyright defendant.
2. What standard and safeguards should govern a subpoena to an ISP seeking the identity of a subscriber associated with an IP address.

Disposition

other