Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 162.234.254.79

Summary

The court grants Strike 3 Holdings, LLC leave to serve Rule 45 subpoenas on AT&T Internet and any subsequently identified internet service providers before the Rule 26(f) conference. The subpoenas may seek only the name and address associated with IP address 162.234.254.79, subject to notice, preservation, challenge, sealing, and permitted-use requirements.

Holdings

1. Plaintiff established good cause to serve a Rule 45 subpoena on AT&T Internet, and on any subsequently identified Internet service provider, for the true name and address of the subscriber assigned IP address 162.234.254.79.
2. The authorized subpoenas must be accompanied by this order, provide notice to affected subscribers, allow 30 days to contest the subpoena, require preservation pending resolution, restrict use of disclosed information to protection of Plaintiff's Copyright Act rights, and require filing identifying information under seal.

Questions Presented

1. Whether Plaintiff established good cause to serve a third-party subpoena seeking the identity and address of an unknown defendant before the Rule 26(f) conference.
2. What procedural protections should govern the subpoenas and disclosure of subscriber-identifying information.

Disposition

other