Strike 3 Holdings, LLC v. John Doe subscriber assigned IP Address 24.128.171.199

Summary

The United States District Court for the Eastern District of Michigan grants Strike 3 Holdings, LLC leave to serve Comcast Cable and other identified internet service providers with Rule 45 subpoenas before a Rule 26(f) conference. The subpoenas may seek the name and address associated with the specified IP address, subject to notice requirements for cable operators and use of the disclosed information solely to protect and enforce the plaintiff’s asserted rights.

Holdings

1. Good cause existed for Plaintiff to serve Comcast Cable with a Rule 45 subpoena before the Rule 26(f) conference to obtain the true name and address of the subscriber assigned the IP address identified in the Complaint.
2. If Comcast Cable qualifies as a cable operator under 47 U.S.C. § 522(5), it may disclose the subscriber's personal identifying information pursuant to the court order only after the subscriber is notified of the order.
3. Plaintiff may use information disclosed in response to the Rule 45 subpoena only to protect and enforce the rights asserted in the Complaint.

Questions Presented

1. Whether good cause existed to permit Plaintiff to serve a Rule 45 subpoena on the internet service provider before the Rule 26(f) conference.
2. What conditions should govern disclosure and use of the subscriber's identifying information.

Disposition

other