Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.241.101.254

Summary

The United States District Court for the Northern District of California grants Strike 3 Holdings, LLC’s ex parte application for leave to serve a third-party subpoena before the Rule 26(f) conference. The order authorizes subpoenas to Comcast Cable and other identified internet service providers to disclose the identity and address associated with the specified IP address, subject to notice and opportunities to contest the subpoenas. It also imposes confidentiality and limited protective-order requirements concerning any disclosed identifying information.

Holdings

1. The 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 associated with the specified IP address.
2. The plaintiff may serve a Rule 45 subpoena seeking the Doe subscriber's true name and address, and may serve the same type of subpoena on any subsequently identified Internet service provider, subject to the order's notice and challenge procedures.
3. Any name or personal identifying information released by an Internet service provider must be treated as confidential and may not be publicly disclosed until the Doe defendant has had an opportunity to seek anonymity and the court has ruled on that request.

Questions Presented

1. Whether the plaintiff established good cause to serve a third-party Rule 45 subpoena before the Rule 26(f) conference to identify the Doe defendant.
2. What notice and procedural protections should govern disclosure of the subscriber's identifying information.
3. Whether the court should issue a limited protective order concerning information disclosed by the Internet service provider.

Disposition

other