Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.92.161.251

Summary

The United States District Court for the Northern District of California grants Strike 3 Holdings, LLC leave to serve subpoenas before the Rule 26(f) conference to identify the subscriber associated with a specified IP address. The order establishes notice, objection, preservation, production, sealing, and limited-use requirements for the subpoenas and disclosed information.

Holdings

1. Good cause existed for Strike 3 Holdings to serve a Rule 45 subpoena on Comcast Cable Communications, LLC before the Rule 26(f) conference to obtain only the true name and address of the subscriber assigned IP address 73.92.161.251.
2. The authorized subpoenas were limited to identifying information, required notice to subscribers, allowed subscribers and ISPs 30 days to challenge the subpoenas, required preservation of subpoenaed information, restricted use of disclosed information to protecting copyright rights, and required filing documents containing identifying information under seal.

Questions Presented

1. Whether good cause existed to permit service of a third-party Rule 45 subpoena before the Rule 26(f) conference.
2. What procedural safeguards should govern subpoenas seeking the identifying information of an Internet subscriber.

Disposition

other