Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 99.73.34.75

Summary

The United States District Court for the Northern District of California granted Strike 3 Holdings, LLC leave to serve AT&T Inc. and potentially other internet service providers with Rule 45 subpoenas before the Rule 26(f) conference. The subpoenas seek the identity and address of the subscriber assigned IP address 99.73.34.75, subject to notice, an opportunity to contest, preservation, and confidentiality requirements.

Holdings

1. Plaintiff established good cause to serve AT&T Inc. with a Rule 45 subpoena before the Rule 26(f) conference.
2. Plaintiff may serve AT&T Inc., and any service provider identified in response as providing Internet services to the defendant, with Rule 45 subpoenas seeking the defendant's true name and address, subject to the order's notice, objection, preservation, production, confidentiality, and use restrictions.

Questions Presented

1. Whether plaintiff established good cause to serve a Rule 45 subpoena on AT&T Inc. before the Rule 26(f) conference.
2. What notice, objection, preservation, production, confidentiality, and use restrictions should govern the authorized subpoenas.

Disposition

other