Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.14.125.66

Summary

The United States District Court for the Northern District of California grants Strike 3 Holdings, LLC leave to serve a third-party Rule 45 subpoena on Astound Broadband LLC before a Rule 26(f) conference. The subpoena seeks the name and address of the subscriber assigned the identified IP address, subject to notice, opportunities to challenge the subpoena, preservation requirements, and restrictions on disclosure.

Holdings

1. Plaintiff established good cause to serve Astound Broadband LLC with a Rule 45 subpoena before the Rule 26(f) conference to obtain the true name and address of the subscriber associated with the identified IP address.
2. Plaintiff may serve a Rule 45 subpoena on the ISP for the Doe defendant's true name and address and may serve the same type of subpoena on another service provider identified in response as providing internet services to the Defendant.
3. The ISP must provide the subscriber with notice of the subpoena and this order, allow 30 days to contest the subpoena, preserve the subpoenaed information, and withhold production until the challenge period expires; Plaintiff must restrict use and public disclosure of the identifying information and file references to the identity under seal.

Questions Presented

1. Whether Plaintiff established good cause to serve a third-party subpoena on the internet service provider before the Rule 26(f) conference.
2. What procedures and safeguards should govern disclosure of the Doe subscriber's identifying information in response to the subpoena.

Disposition

other