Strike 3 Holdings, LLC v. John Doe

Filing 7

ORDER on Plaintiff's 5 Motion for Leave to Serve Third Party Subpoena Prior to a Rule 26(f) Conference. Plaintiff has established that "good cause" exists for it to serve a third party subpoena on Comcast Cable (hereinafter the &quo t;ISP"). 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. Signed by Judge Richard A Jones.(TH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 STRIKE 3 HOLDINGS, LLC, a Delaware corporation, Case No.: 2:17-cv-01730-RAJ PROPOSED ORDER ON PLAINTIFF’S MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE Plaintiff, 11 12 vs. 13 JOHN DOE subscriber assigned IP address 71.231.142.237, 14 Defendant. 15 16 THIS MATTER came before the Court upon Plaintiff’s Motion for Leave to Serve a Third 17 Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”) (Dkt. # 5), and the Court being 18 duly advised of the same and Court file herein does hereby FIND AND ORDER THAT: 19 20 21 1. Plaintiff has established that “good cause” exists for it to serve a third party subpoena on Comcast Cable (hereinafter the “ISP”); 2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to 22 provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an 23 IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such 24 subpoena a copy of this Order; 25 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 26 service provider that is identified in response to a subpoena as a provider of Internet services to 27 one of the Defendants; 28 PROPOSED ORDER ON PLAINTIFF’S MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE - (2:17-cv-01730-RAJ) FOX ROTHSCHILD LLP 1001 Fourth Avenue, Suite 4500 Seattle, WA 98154 (206) 624-3600 1 1 2 4. If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5), which states: 3 the term “cable operator” means any person or group of persons 4 (A) who provides cable service over a cable system and directly or through one 5 or more affiliates owns a significant interest in such cable system, or 6 (B) who otherwise controls or is responsible for, through any arrangement, the 7 8 9 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 10 disclosure is . . . made pursuant to a court order authorizing such disclosure, if 11 the subscriber is notified of such order by the person to whom the order is 12 directed. 13 14 by sending a copy of this Order to the Defendant; and 5. Plaintiff may only use the information disclosed in response to a Rule 45 subpoena 15 served on the ISP for the purpose of protecting and enforcing Plaintiff’s rights as set forth in its 16 Complaint. 17 18 DATED this 9th of January, 2018. 19 A 20 21 The Honorable Richard A. Jones United States District Judge 22 23 24 25 26 27 28 PROPOSED ORDER ON PLAINTIFF’S MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE - (2:17-cv-01730-RAJ) FOX ROTHSCHILD LLP 1001 Fourth Avenue, Suite 4500 Seattle, WA 98154 (206) 624-3600 2

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