Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.252.184.71

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 the identification of the subscriber assigned the specified IP address.

Holdings

1. Good cause existed for Plaintiff to serve a Rule 45 subpoena on Comcast Cable Communications, LLC, and any subsequently identified Internet service provider, to obtain the true name and address of the Doe defendant associated with the specified IP address.
2. The ISP must provide notice to the subscriber, allow 30 days for motions contesting the subpoena, preserve responsive information, and withhold production until the objection period expires or a timely motion is finally resolved; disclosure is restricted to protecting and enforcing Plaintiff's rights and must remain under seal absent further court authorization.

Questions Presented

1. Whether good cause existed to permit service of a third-party Rule 45 subpoena on the Internet service provider before a Rule 26(f) conference.
2. What notice, objection, preservation, production, and confidentiality conditions should govern the subpoena.

Disposition

other