STRIKE 3 HOLDINGS, LLC
v.
DOE SUBSCRIBER ASSIGNED IP ADDRESS 76.109.86.234
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The district court granted Strike 3 Holdings' motion for leave to serve a third-party subpoena on an internet service provider (ISP) prior to the Rule 26(f) conference to obtain the identity of a defendant associated with a specific IP address. The court found good cause existed for early discovery and imposed restrictions on the use of disclosed information.
The court held that good cause exists for Strike 3 Holdings to serve a Rule 45 subpoena on the ISP commanding disclosure of the defendant's true name and address. The plaintiff may use the disclosed information only to protect and enforce its rights as alleged in the complaint, and if the ISP qualifies as a cable operator under federal law, it must notify the defendant of the court order.
[1] Good cause must be established for a party to serve a third-party subpoena prior to a Rule 26(f) conference.
[2] A court may grant leave for a party to serve a Rule 45 subpoena on an ISP to obtain the identity of a subscriber assigned a specific IP address.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Plaintiff established that "good cause" exists for it to serve a third-party subpoena on Comcast Cable (hereinafter the "ISP").”
The court's holding that the plaintiff met the good cause requirement for early discovery
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceStrike 3 Holdings filed suit against a doe defendant identified only by an IP address (76.109.86.234). The plaintiff sought permission to serve a Rule…
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TO SERVE A THIRD-PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE
THIS CAUSE came before the Court upon Plaintiff's Motion for Leave for Serve a Third- Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”). [ECF No. 6]. The Court has reviewed the Motion and the record and is otherwise fully advised. Based thereon, it is
ORDERED AND ADJUDGED as follows:
1. Plaintiff established that "good cause" exists for it to serve a third-party subpoena on Comcast Cable (hereinafter the “ISP”). See e.g., Strike 3 Holdings, LLC v. Doe, No. 23-cv- 20308, 2023 WL 2976182, at *2 (S.D. Fla. March 3, 2023); Malibu Media, LLC v. Doe, No. 1:14- CV-23142-KMM, 2014 12605503, at *1 (S.D. Fla. Sept. 29, 2014).
2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such subpoena a copy of this Order.
3. If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5)¹, then it shall comply with 47 U.S.C. § 551(c)(2)(B)² by sending a copy of this Order to the Defendant.
4. Plaintiff may only use the information disclosed in response to a Rule 45 subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff's rights as set forth in its Complaint.
DONE AND ORDERED in Chambers at Miami, Florida, this 2nd day of April, 2025.
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE
[fn 1]: "[T]he term 'cable operator' means any person or group of persons (A) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system...." 47 U.S.C. § 522(5).
[fn 2]: "A cable operator may disclose such [personal identifying] information if the disclosure is . . . made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed."
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Strike 3 Holdings, LLC v. Doe subscriber assigned IP address 76.109.86.234, 2023 WL 2976182 (S.D. Fla. 2025)…ed. Based thereon, it is ORDERED AND ADJUDGED as follows: 1. Plaintiff established that "good cause" exists for it to serve a third-party subpoena on Comcast Cable (hereinafter the “ISP”). See e.g., Strike 3 Holdings, LLC v. Doe, No. 23-cv- 20308, 2023 WL 2976182, at *2 (S.D. Fla. March 3, 2023); Malibu Media, LLC v. Doe, No. 1:14- CV-23142-KMM, 2014 12605503, at *1 (S.D. Fla. Sept. 29, 2014). 2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to provide Plaintiff with the true name a…
Authorities Cited
- Strike 3 Holdings, LLC v. Doe subscriber assigned IP address 76.109.86.234, 2023 WL 2976182 (S.D. Fla. 2025)