Strike 3 Holdings, LLC v. John Doe subscriber assigned IP Address 174.97.26.248

Summary

The United States District Court for the Southern District of Ohio grants Strike 3 Holdings, LLC leave to serve a third-party subpoena on the internet service provider associated with the identified IP address before the Rule 26(f) conference. The order limits the subpoena to the subscriber’s name and residential address, establishes notice and preservation procedures, and permits the defendant to proceed anonymously for a limited time under a protective order.

Holdings

1. Plaintiff demonstrated good cause for expedited discovery because it alleged direct copyright infringement, sought narrowly tailored identifying information, faced the need to obtain information that was otherwise unavailable, and showed that the discovery would materially advance the case.
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 email addresses or telephone numbers and may use the information only to protect and enforce the rights alleged in the complaint.
3. The defendant may proceed anonymously for a limited time while discovery determines whether the defendant is the individual connected to the IP address, subject to modification by the parties or the Court.

Questions Presented

1. Whether Plaintiff showed good cause for expedited discovery before the Rule 26(f) conference.
2. Whether Plaintiff should be permitted to serve a Rule 45 subpoena on the ISP to obtain the alleged infringer's identifying information.
3. Whether a protective order should permit the defendant to proceed anonymously for a limited period while the subpoena-related discovery proceeds.

Disposition

other