Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 71.204.145.189

Summary

The United States District Court for the Northern District of California grants Strike 3 Holdings, LLC leave to serve a third-party Rule 45 subpoena on Comcast Cable Communications, LLC before a Rule 26(f) conference. The order establishes notice, challenge, preservation, production, and confidentiality requirements concerning identification of the subscriber assigned the specified IP address.

Holdings

1. Plaintiff established good cause to serve a Rule 45 subpoena on Comcast Cable Communications, LLC, and on any subsequently identified internet service provider, before the Rule 26(f) conference.
2. The subpoena must be accompanied by the order and must provide the subscriber and the ISP specified periods to contest the subpoena; the ISP must preserve responsive information, provide required notice, and maintain the confidentiality of the subscriber's identity pending further court authorization or an opportunity to seek anonymous litigation.

Questions Presented

1. Whether plaintiff showed good cause to serve a Rule 45 subpoena on the internet service provider before the Rule 26(f) conference.
2. What notice, objection, preservation, confidentiality, and use restrictions should govern the subpoena and any identifying information disclosed.

Disposition

other