Strike 3 Holdings, LLC v. John Doe

Summary

The United States District Court for the Southern District of Florida grants Strike 3 Holdings, LLC leave to serve AT&T Internet with a Rule 45 subpoena before the Rule 26(f) conference. The subpoena may seek the name and address associated with the IP address allegedly used to infringe Strike 3’s copyrighted motion pictures, subject to specified notice and use limitations.

Holdings

1. Good cause existed to authorize Plaintiff to serve a third-party Rule 45 subpoena on AT&T Internet before the Rule 26(f) conference.
2. Plaintiff could subpoena only the true name and address of the subscriber associated with the specified IP address, subject to attachment, notice, and limited-use requirements.

Questions Presented

1. Whether good cause existed to permit Plaintiff to serve a Rule 45 subpoena on Defendant's internet service provider before the Rule 26(f) conference.
2. Whether the requested expedited discovery should be limited to the subscriber's name and address and subject to restrictions on use and notice.

Disposition

other