Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.51.3.252

Summary

The United States District Court for the Northern District of California grants Strike 3 Holdings, LLC leave to serve Rule 45 subpoenas on Comcast or other identified internet service providers to discover the identity of the subscriber associated with IP address 98.51.3.252. The order imposes safeguards concerning notice, anonymity, confidentiality, use of disclosed information, subpoena costs, and preservation of information.

Holdings

1. The plaintiff demonstrated good cause for early discovery because it identified the Doe defendant with sufficient specificity, described the steps taken to locate the defendant, presented allegations sufficiently plausible to withstand dismissal, and showed that the subpoena was reasonably likely to produce information identifying the defendant for service.
2. Leave to serve the subpoenas was granted subject to conditions requiring notice to the subscriber, an opportunity to seek anonymous treatment, restricted use and sealing of identifying information, an affidavit concerning proposed confidentiality, limits on advance ISP charges, production of billing support for claimed costs, and preservation of subpoenaed information pending resolution of a timely motion to dismiss.

Questions Presented

1. Whether the plaintiff demonstrated good cause under Federal Rule of Civil Procedure 26(d) to obtain early discovery before the Rule 26(f) conference.
2. Whether the court should authorize Rule 45 subpoenas directed to the ISP and any follow-on Internet service provider to identify the Doe defendant.
3. What procedural safeguards were necessary to protect the Doe defendant from undue prejudice, including notice, anonymity, confidentiality, sealing, preservation, and cost-related protections.

Disposition

other