Strike 3 Holdings, LLC v. Doe

Summary

The United States District Court for the Southern District of California granted Strike 3 Holdings, LLC’s ex parte application to serve a third-party Rule 45 subpoena on Spectrum before the Rule 26(f) conference. The subpoena may seek only the name and address of the subscriber associated with the specified IP address, subject to notice, an opportunity to challenge disclosure, preservation requirements, and limits on use of the information.

Holdings

1. The court held that good cause existed to permit limited expedited discovery before the Rule 26(f) conference because Plaintiff's need to identify and serve the anonymous defendant outweighed the potential prejudice to the responding party.
2. The court held that Plaintiff identified the Doe defendant with sufficient specificity by identifying a unique IP address associated with alleged infringement and presenting geolocation evidence tracing the address to the Southern District of California.
3. The court held that Plaintiff made the required good-faith effort to locate the Doe defendant before seeking an ISP subpoena.
4. The court held that Plaintiff's complaint stated a copyright-infringement claim sufficient to withstand a motion to dismiss and alleged facts supporting personal jurisdiction and venue.

Questions Presented

1. Whether Plaintiff showed good cause for expedited discovery before the Rule 26(f) conference to identify an unnamed copyright-infringement defendant.
2. Whether Plaintiff identified the Doe defendant with sufficient specificity, made a good-faith effort to locate the defendant by other means, and alleged claims capable of surviving a motion to dismiss.
3. What procedural safeguards should govern the Rule 45 subpoena and disclosure of the Doe subscriber's identity.

Disposition

other