Strike 3 Holdings, LLC v. John Doe

Filing 5

ORDER granting Plaintiff's 4 Motion for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference. Signed by Judge Marsha J. Pechman. (PM)

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

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STRIKE 3 HOLDINGS, LLC, a Delaware
corporation,

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ORDER ON PLAINTIFF’S MOTION
FOR LEAVE TO SERVE THIRD
PARTY SUBPOENA PRIOR TO A
RULE 26(f) CONFERENCE

Plaintiff,

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Case No.: 2:17-cv-01731-MJP

vs.
JOHN DOE subscriber assigned IP address
73.225.38.130,

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Defendant.

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THIS MATTER came before the Court upon Plaintiff’s Motion for Leave to Serve a

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Third Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and the Court being

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duly advised of the same and the Court file herein does hereby FIND AND ORDER THAT:

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1.

Plaintiff has established that “good cause” exists for it to serve a third party

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subpoena on Comcast Cable (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe, 2008

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WL 4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 6-

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7 (D.D.C. 2008);

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2.

Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to

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provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an

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IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such

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subpoena a copy of this Order;

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ORDER ON PLAINTIFF’S MOTION FOR
LEAVE TO SERVE A THIRD PARTY
SUBPOENA PRIOR TO A RULE 26(f)
CONFERENCE - (2:17-cv-01731-MJP)
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Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any

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service provider that is identified in response to a subpoena as a provider of Internet services to

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one of the Defendants;

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If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5),

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which states:

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the term “cable operator” means any person or group of persons

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(A) who provides cable service over a cable system and directly or through one

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or more affiliates owns a significant interest in such cable system, or

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(B) who otherwise controls or is responsible for, through any arrangement, the

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management and operation of such a cable system.
it shall comply with 47 U.S.C. § 551(c)(2)(B), which states:

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A cable operator may disclose such [personal identifying] information if the

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disclosure is . . . made pursuant to a court order authorizing such disclosure, if

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the subscriber is notified of such order by the person to whom the order is

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directed.

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by sending a copy of this Order to the Defendant; and
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Plaintiff may only use the information disclosed in response to a Rule 45

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subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff’s rights as set

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forth in its Complaint.

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DATED this 4th of December, 2017.

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A

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Marsha J. Pechman
United States District Judge

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ORDER ON PLAINTIFF’S MOTION FOR
LEAVE TO SERVE A THIRD PARTY
SUBPOENA PRIOR TO A RULE 26(f)
CONFERENCE - (2:17-cv-01731-MJP)
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Presented by:

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FOX ROTHSCHILD LLP

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s/ Bryan J. Case
Bryan J. Case, WSBA #41781

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Attorneys for Plaintiff

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ORDER ON PLAINTIFF’S MOTION FOR
LEAVE TO SERVE A THIRD PARTY
SUBPOENA PRIOR TO A RULE 26(f)
CONFERENCE - (2:17-cv-01731-MJP)
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