Strike 3 Holdings, LLC v. John Doe

Summary

The United States District Court for the Western District of North Carolina grants Strike 3 Holdings, LLC leave to serve a Rule 45 subpoena on AT&T Internet before the Rule 26(f) conference. The subpoena seeks the name and address of the subscriber assigned IP address 75.4.51.93 in connection with alleged BitTorrent copyright infringement. The order requires preservation and limited use of disclosed information and provides notice and an opportunity for the subscriber to move to quash.

Holdings

1. Good cause supported an exception to the general prohibition on pre-conference discovery under Federal Rule of Civil Procedure 26(d)(1).
2. All five factors supported allowing Strike 3 to serve a Rule 45 subpoena on AT&T Internet to obtain the name and address associated with IP address 75.4.51.93.
3. The complaint's allegations established a concrete prima facie showing of actionable copyright infringement for purposes of limited early discovery.

Questions Presented

1. Whether plaintiff showed good cause to obtain discovery before the Rule 26(f) conference.
2. Whether the five-factor test for early discovery in an online copyright-infringement action supported authorization of a Rule 45 subpoena to the defendant's internet service provider.
3. What procedural and confidentiality protections should govern disclosure of the Doe defendant's identifying information.

Disposition

other