Strike 3 Holdings, LLC v. John Doe subscriber assigned IP Address 107.211.101.30

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 a John Doe defendant accused of copyright infringement. The Court limits the subpoena to the defendant’s name and residential address, establishes notice and challenge procedures, and permits the defendant to proceed anonymously under a protective order.

Holdings

1. A court may authorize discovery before the Rule 26(f) conference when the requesting party demonstrates good cause, and Plaintiff demonstrated good cause here.
2. The subpoena may seek only Defendant's full name and residential address from the associated ISP; Plaintiff may not seek email addresses or telephone numbers and may use the 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 identified IP address.

Questions Presented

1. Whether Plaintiff demonstrated good cause for leave to serve a third-party subpoena before the Rule 26(f) conference.
2. What limitations and safeguards should govern the expedited subpoena and disclosure of identifying information.
3. Whether Defendant should be permitted to proceed anonymously under Federal Rule of Civil Procedure 26(c) while the subpoena-based identification process proceeds.

Disposition

other