Strike 3 Holdings, LLC v. John Doe subscriber assigned IP Address 74.136.212.34

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. The order limits the subpoena to obtaining the John Doe defendant’s name and residential address, 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 copyright infringement, sought narrowly tailored information to identify the alleged infringer, the information was necessary and otherwise unavailable, and the discovery would substantially advance the case.
2. Plaintiff may serve a Rule 45 subpoena on the ISP to obtain Defendant's full name and residential address, but may not seek or obtain email addresses or telephone numbers; the subpoena is subject to delayed production, subscriber notice, a motion-to-quash deadline, and preservation obligations.
3. Defendant may proceed anonymously for a limited time, until discovery indicates that Defendant is the individual connected to the IP address identified in Plaintiff's subpoena, subject to modification by the parties or the court.

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 notice procedures should govern the Rule 45 subpoena directed to the Internet service provider.
3. Whether Defendant should be permitted to proceed anonymously for a limited period and whether a protective order should issue under Rule 26(c).

Disposition

other