Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 67.180.183.103

Summary

The United States District Court for the Northern District of California grants Strike 3 Holdings, LLC’s ex parte motion for leave to serve a third-party Rule 45 subpoena on Comcast Cable Communications, LLC before a Rule 26(f) conference. The order establishes notice, objection, 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 the internet service provider before the Rule 26(f) conference to obtain the true name and address of the Doe defendant associated with the identified IP address.
2. The ISP must notify the subscriber, and the subscriber and ISP may contest the subpoena within 30 days; the ISP must preserve the information, and plaintiff must limit use and seal references to the defendant's identity pending further court authorization or an opportunity to seek anonymous status.

Questions Presented

1. Whether plaintiff established good cause to serve a third-party subpoena before the Rule 26(f) conference.
2. What notice, objection, preservation, and confidentiality safeguards should govern the subpoena and disclosure of the Doe defendant's identifying information.

Disposition

other