Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 24.7.93.236

Summary

The United States District Court for the Northern District of California grants Strike 3 Holdings, LLC’s ex parte application to serve Comcast Cable with a Rule 45 subpoena before the Rule 26(f) conference. The subpoena seeks the name and address of the subscriber associated with IP address 24.7.93.236 in a copyright infringement action involving alleged BitTorrent distribution of 29 adult motion pictures. The order imposes notice, confidentiality, preservation, and use restrictions on the discovery.

Holdings

1. Strike 3 established good cause to serve Comcast Cable with a Rule 45 subpoena seeking the true name and address of the subscriber assigned IP address 24.7.93.236.
2. The ISP and Strike 3 must provide or request notice to the Doe subscriber, preserve subpoenaed information pending resolution of any timely motion to dismiss, and restrict use and public disclosure of identifying information absent further court authorization.

Questions Presented

1. Whether Strike 3 established good cause to serve a third-party Rule 45 subpoena on the ISP before the Rule 26(f) conference.
2. What notice, confidentiality, preservation, and use restrictions should govern the expedited discovery.

Disposition

other