Strike 3 Holdings, LLC v. Doe
ORDER granting 4 Motion for leave to serve Third Party subpoena. Signed by District Judge John Corbett O'Meara. (WBar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT MICHIGAN
STRIKE 3 HOLDINGS, LLC,
JOHN DOE subscriber assigned IP
Civil Case No. 5:18-cv-10094-JCO-DRG
ORDER GRANTING MOTION FOR LEAVE TO SERVE
THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE
THIS CAUSE came before the Court upon Plaintiff’s Motion for Leave to
Serve a Third Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and
the Court being duly advised in the premises does hereby:
FIND, ORDER AND ADJUDGE:
Plaintiff established that “good cause” exists for it to serve a third party
subpoena on AT&T U-verse (hereinafter the “ISP”). See UMG Recording, Inc. v.
Doe, 2008 WL 4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 119, 551 F. Supp. 2d 1, 6–7 (D.D.C. 2008).
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 in the Complaint. Plaintiff shall attach to
any such subpoena a copy of this Order.
Plaintiff may also serve a Rule 45 subpoena in the same manner as
above on any service provider that is identified in response to a subpoena as a
provider of Internet services to one of the Defendants.
If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. §
522(5), which states:
the 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
it shall comply with 47 U.S.C. § 551(c)(2)(B), which states:
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.
by sending a copy of this Order to the Defendant.
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.
Date: February 14, 2018
s/John Corbett O’Meara
United States District Judge
I hereby certify that on February 14, 2018 a copy of this order was served
upon counsel of record using the ECF system.
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