Strike 3 Holdings, LLC v. Doe

Filing 6

ORDER granting #4 First Motion for Discovery Early Discovery. Signed by District Judge Louise Wood Flanagan on 2/5/2024. (Collins, S)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Western DIVISION
Civil Case No. 5:23-cv-00737-FL
STRIKE 3 HOLDINGS, LLC,
Plaintiff,
v.
JOHN DOE subscriber assigned IP address
75.182.102.154,
Defendant.

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ORDER ON 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 ThirdParty 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:
1.

Plaintiff established 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).
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 in the Complaint. Plaintiff shall attach to any such subpoena a copy of this
Order.

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3.

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 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.
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 this 5th day of February, 2024.
__________________________________
LOUISE W. FLANAGAN
United States District Judge

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