Strike 3 Holdings, LLC v. Doe
ORDER granting 5 Motion for Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference. Signed by District Judge James C. Dever III on 11/13/2023. (Mann, Stephanie)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Civil Case No. 5:23-cv-00604-D-RN
STRIKE 3 HOLDINGS, LLC,
JOHN DOE subscriber assigned IP address
ORDER ON MOTION FOR LEAVE TO SERVE
THIRD-PARTY SUBPOENA PRIOR TO A RULE 26(0 CONFERENCE
TIDS CAUSE came before the Court upon Plaintiffs 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 e~tablished that "good cause" exists for it to serve a third-party subpoena
on Spectrum (hereinafter the "ISP"). See LHF Prods., Inc. v. Does 1-5, No. 17-00151 (MR), 2017
WL 2960789, at *1 (W.D.N.C. July 11, 2017); Strike 3 Holdings, LLC v. Doe, 964 F.3d 1203,
1207 (D.C. Cir. 2020).
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
If the ISP qualifies as a "cable operator," as defined by 47 U.S.C. § 522(5), which
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 system.
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 Plaintiffs rights as set forth in its
SO ORDERED. This the JJ_ day of November, 2023.
United States District Judge
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