Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 67.252.90.119

Summary

The United States District Court for the Western District of New York grants Strike 3 Holdings, LLC leave to serve a Rule 45 subpoena on Spectrum to identify the subscriber associated with IP address 67.252.90.119 in a copyright infringement action. The Court also imposes confidentiality protections and extends the deadline for service of the complaint to July 13, 2026.

Holdings

1. Good cause existed under Rule 26(d)(1) to permit Plaintiff to serve Spectrum with a Rule 45 subpoena before the Rule 26(f) conference.
2. A protective order was warranted, at least temporarily, requiring information disclosed by Spectrum to be treated as confidential and preventing public disclosure of Defendant's identity until further order.
3. Plaintiff showed good cause for an extension under Rule 4(m), and the deadline to serve Defendant was extended to July 13, 2026.

Questions Presented

1. Whether Plaintiff showed good cause for expedited discovery before the Rule 26(f) conference by serving a Rule 45 subpoena on Spectrum for the name and address of the subscriber assigned to the identified IP address.
2. Whether a protective order was appropriate to keep information disclosed in response to the subpoena confidential and to permit Defendant to proceed anonymously pending an opportunity to be heard.
3. Whether Plaintiff showed good cause under Rule 4(m) for an extension of time to serve Defendant.

Disposition

other