Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.234.250.188

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 Comcast Cable or another identified internet service provider to disclose the identity and address associated with IP address 98.234.250.188. The order establishes notice, preservation, objection, production, confidentiality, and limited-use requirements for the subpoenaed information.

Holdings

1. Plaintiff established good cause to serve a Rule 45 subpoena on Comcast Cable before the Rule 26(f) conference to obtain the true name and address of the subscriber assigned the identified IP address.
2. Any disclosure must be preceded by subscriber notice and an opportunity to contest, and the identifying information must be preserved, provisionally filed under seal, and used only to protect and enforce Plaintiff's rights in the action.

Questions Presented

1. Whether Plaintiff established good cause to serve a third-party Rule 45 subpoena before the Rule 26(f) conference.
2. What notice, confidentiality, preservation, and use restrictions should govern disclosure of the anonymous subscriber's identifying information.

Disposition

other