Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 107.142.43.1

Summary

The United States District Court for the Northern District of California grants Strike 3 Holdings, LLC leave to serve a third-party subpoena on AT&T Inc. and other identified internet service providers before the Rule 26(f) conference. The order establishes notice and challenge periods, limits use of disclosed information, and imposes a protective order concerning the defendant's identifying information.

Holdings

1. Good cause existed under Federal Rule of Civil Procedure 45 to allow Plaintiff to serve AT&T Inc. with a subpoena before the Rule 26(f) conference seeking the true name and address of the subscriber assigned the identified IP address.
2. Plaintiff could serve a Rule 45 subpoena requiring the Internet service provider to produce the Doe subscriber's true name and address, subject to notice to the subscriber and provider, a 30-day period to contest the subpoena, a limited use restriction, and production ten days after the contest period expired if no challenge was filed.
3. The court issued a limited protective order requiring any name or other personal identifying information released to Plaintiff to remain confidential and not be publicly disclosed until Defendant had an opportunity to seek leave to proceed anonymously and the court ruled on that motion.

Questions Presented

1. Whether good cause existed to permit Plaintiff to serve a Rule 45 subpoena on the Internet service provider before the Rule 26(f) conference.
2. What conditions should govern disclosure, use, notice, and challenges to subscriber-identifying information obtained through the subpoena.
3. Whether the court should sua sponte issue a limited protective order concerning the confidentiality of identifying information disclosed by the Internet service provider.

Disposition

other