Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.35.60.227

Summary

The United States District Court for the Northern District of California grants Strike 3 Holdings, LLC leave to serve Comcast Cable Communications, LLC, and potentially other identified service providers, with Rule 45 subpoenas before a Rule 26(f) conference. The order establishes notice, objection, preservation, production, and confidentiality requirements concerning disclosure of the identity and address of the subscriber assigned the specified IP address.

Holdings

1. Good cause existed to permit Plaintiff to serve a Rule 45 subpoena on the internet service provider before the Rule 26(f) conference to obtain the true name and address of the subscriber assigned the identified IP address.
2. The subpoena must be accompanied by the order, the provider must notify the subscriber and provide an opportunity to move to quash or modify, subpoenaed information must be preserved pending production or resolution of a timely challenge, and identifying information must be kept under seal and used only to protect and enforce Plaintiff's rights in the action.

Questions Presented

1. Whether good cause existed to permit service of a Rule 45 third-party subpoena on the defendant's internet service provider before the Rule 26(f) conference.
2. What notice, challenge, preservation, and confidentiality safeguards should govern disclosure of the Doe subscriber's identifying information.

Disposition

other