Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.223.62.6

Summary

The United States District Court for the Northern District of California grants Strike 3 Holdings, LLC leave to serve Comcast and other identified internet service providers with subpoenas before the Rule 26(f) conference. The order establishes notice, objection, preservation, production, confidentiality, and permitted-use requirements for identifying the John Doe subscriber associated with IP address 73.223.62.6.

Holdings

1. Plaintiff established good cause to serve a Rule 45 subpoena on Comcast Cable Communications, LLC, and on any subsequently identified Internet service provider, before the Rule 26(f) conference, limited to obtaining the defendant's true name and address.
2. The authorized subpoenas must provide notice to affected subscribers, allow 30 days to challenge the subpoenas, require preservation of subpoenaed information, restrict use of disclosed information to protecting Plaintiff's rights under the Copyright Act, and require filing documents containing identifying information under seal.

Questions Presented

1. Whether Plaintiff established good cause to serve a third-party subpoena before the Rule 26(f) conference.
2. What notice, challenge, preservation, confidentiality, and use restrictions should govern the authorized subpoenas.

Disposition

other