Strike 3 Holdings LLC v. Doe

Filing 10

ORDER signed by Magistrate Judge William E Duffin on 2/5/2024 GRANTING #5 Plaintiff's Motion for Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference. Plaintiff may serve the Internet Service Provider with a Rule 45 subpoena commanding the ISP to provide it with the 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. (cc: all counsel)(lz)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
STRIKE 3 HOLDINGS, LLC,
Plaintiff,
v.

Case No. 24-CV-114

JOHN DOE,
subscriber assigned IP address 99.175.91.210,
Defendant.
ORDER
For the reasons stated in Strike 3 Holdings LLC v. Doe, No. 23-CV-1152, 2023 U.S.
Dist. LEXIS 167126, 2023 WL 6148887 (E.D. Wis. Sep. 20, 2023), Strike 3 Holdings, LLC’s
Motion for Leave to Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference (ECF
No. 5) is granted.
Strike 3 Holdings may serve the Internet Service Provider (“ISP”) with a Rule 45
subpoena commanding the ISP to provide it with the name and address of the
Defendant to whom the ISP assigned an IP address as set forth in the Complaint. Strike
3 Holdings shall attach to any such subpoena a copy of this Order.

If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5), it shall
comply with 47 U.S.C. § 551(c)(2)(B) by sending a copy of this Order to the subscriber
disclosed.
Strike 3 Holdings may use the information disclosed in response to a Rule 45
subpoena served on the ISP only for the purpose of protecting and enforcing its rights
as set forth in its Complaint.
SO ORDERED.
Dated at Milwaukee, Wisconsin this 5th day of February, 2024.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge

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