Strike 3 Holdings, LLC v. John Doe subscriber assigned IP Address 74.140.107.48

Summary

The United States District Court for the Southern District of Ohio grants Strike 3 Holdings, LLC leave to serve an Internet service provider with a Rule 45 subpoena before the Rule 26(f) conference to identify an alleged copyright infringer. The order limits the information sought, establishes notice and preservation procedures, and permits the defendant to proceed anonymously under a protective order.

Holdings

1. Plaintiff demonstrated good cause for expedited discovery because it alleged direct copyright infringement, sought narrowly tailored information identifying the alleged infringer, showed that the information was necessary and otherwise unavailable, and showed that the discovery would advance the case.
2. Plaintiff may serve a Rule 45 subpoena on the ISP to obtain the defendant's full name and residential address, but may not seek the 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. The Doe defendant may proceed anonymously for a limited period, until discovery suggests that the defendant is the individual connected to the IP address identified in Plaintiff's subpoena.

Questions Presented

1. Whether Plaintiff demonstrated good cause for expedited discovery before the Rule 26(f) conference.
2. What limitations and notice procedures should govern the Rule 45 subpoena to the ISP.
3. Whether the Doe defendant should be permitted to proceed anonymously under a protective order while the subpoena process proceeds.

Disposition

other