Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 108.6.48.213

Summary

The court grants Strike 3 Holdings, LLC permission to conduct expedited discovery before the Rule 26(f) conference by serving a Rule 45 subpoena on Verizon Fios to identify the subscriber associated with the specified IP address. The order imposes protective measures, including notice to the subscriber, a 60-day period to challenge the subpoena, limits on disclosure and use of identifying information, and restrictions on pre-service settlement contact.

Holdings

1. Good cause existed to permit Plaintiff to serve a Rule 45 subpoena on the internet service provider before the Rule 26(f) conference because the discovery was reasonably likely to identify a defendant who could be served and sued in federal court.
2. Expedited discovery was authorized only subject to protective measures requiring limited disclosure, notice to the subscriber, a period to challenge the subpoena or proceed anonymously, restrictions on Plaintiff's use and contact with the subscriber, and continued litigation under the John Doe designation unless otherwise ordered.

Questions Presented

1. Whether Plaintiff showed good cause to obtain expedited discovery before the Rule 26(f) conference.
2. What protective measures were necessary to protect a potentially innocent subscriber and regulate the Rule 45 subpoena process.

Disposition

other