Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 50.235.81.254

Summary

The United States District Court for the Northern District of California granted Strike 3 Holdings, LLC’s ex parte application for leave to serve a Rule 45 subpoena on Comcast Cable before the Rule 26(f) conference. The subpoena seeks the name and address of the subscriber associated with IP address 50.235.81.254 in a copyright infringement action involving alleged BitTorrent distribution of adult motion pictures. The order imposes notice, confidentiality, preservation, and filing requirements and cautions Strike 3 regarding its Rule 11 obligations after identifying the subscriber.

Holdings

1. Good cause existed to permit Strike 3 to serve a Rule 45 subpoena on Comcast Cable to identify the true name and address of the subscriber assigned the IP address identified in the complaint.
2. The subpoena and resulting information were subject to conditions requiring notice to the subscriber, confidentiality and sealing of identifying information, limited use of the information, and preservation pending resolution of any timely motion to dismiss.

Questions Presented

1. Whether good cause existed to permit Strike 3 to serve a Rule 45 subpoena on the internet service provider before the Rule 26(f) conference.
2. What notice, confidentiality, preservation, and use restrictions should govern the early discovery.

Disposition

other