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 third-party Rule 45 subpoena before the Rule 26(f) conference to identify the subscriber associated with a specified IP address. The Court also issues a protective order permitting the defendant to proceed anonymously for a limited time and establishes notice, preservation, and motions-to-quash procedures.

Holdings

1. Good cause existed to permit Plaintiff to serve a Rule 45 subpoena on the Internet service provider before the Rule 26(f) conference.
2. Plaintiff may subpoena the associated Internet service provider for the defendant's full name and residential address, but may not seek the defendant's 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, until discovery suggests that the defendant is the individual connected to the IP address identified in Plaintiff's nonparty subpoena, subject to modification by the parties or the court.

Questions Presented

1. Whether good cause existed under Federal Rule of Civil Procedure 26(d)(1) to authorize expedited third-party discovery before the Rule 26(f) conference.
2. What limitations and safeguards should govern a Rule 45 subpoena directed to the Internet service provider.
3. Whether the defendant should be permitted to proceed anonymously for a limited period under Federal Rule of Civil Procedure 26(c).

Disposition

other