Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.121.63.154

Summary

This document is a proposed order granting Strike 3 Holdings, LLC leave to serve a third-party Rule 45 subpoena on AT&T Internet before the Rule 26(f) conference. It addresses disclosure of the John Doe defendant’s identifying information, subscriber notification requirements under 47 U.S.C. § 551(c)(2)(B), and limitations on use of the disclosed information.

Holdings

1. Plaintiff established good cause to serve a Rule 45 subpoena on AT&T Internet before the Rule 26(f) conference.
2. Plaintiff may serve Rule 45 subpoenas on AT&T Internet and, if identified through subpoena responses, other internet-service providers to obtain the defendant's true name and address associated with the IP address.
3. Any disclosure of subscriber-identifying information must be accompanied by notice to the subscriber, and Plaintiff may use the information only to protect and enforce the rights asserted in the complaint.

Questions Presented

1. Whether Plaintiff established good cause to serve a third-party Rule 45 subpoena before the Rule 26(f) conference.
2. Whether the internet-service provider could be ordered to disclose subscriber-identifying information subject to notice and statutory conditions.
3. What restrictions and notice procedures should govern the use and disclosure of information obtained through the subpoena.

Disposition

other