Strike 3 Holdings, LLC v. John Doe

Summary

The United States District Court for the Southern District of Ohio grants Strike 3 Holdings, LLC leave to serve a Rule 45 subpoena on the Internet Service Provider before the Rule 26(f) conference to identify an allegedly infringing subscriber. The Court also issues a protective order allowing the defendant to proceed anonymously for a limited period and sets notice, preservation, and motion-to-quash procedures.

Holdings

1. Plaintiff demonstrated good cause for early discovery because it alleged direct copyright infringement, sought narrowly tailored information to identify the alleged infringer, and showed that the information was necessary and otherwise unavailable.
2. Plaintiff may serve a Rule 45 subpoena on the ISP associated with the identified IP address to obtain Defendant's full name and residential address, but may not seek Defendant's email addresses or telephone numbers and may use the disclosed information only to protect and enforce the rights alleged in the complaint.
3. Defendant may proceed anonymously for a limited time while discovery determines whether Defendant is the individual connected to the IP address identified in Plaintiff's subpoena.

Questions Presented

1. Whether Plaintiff demonstrated good cause to obtain expedited third-party discovery before the Rule 26(f) conference.
2. What limits and notice requirements should govern the Rule 45 subpoena to the Internet service provider.
3. Whether Defendant should be permitted to proceed anonymously under a protective order while the subpoena discovery proceeds.

Disposition

other