STRIKE 3 HOLDINGS, LLC

v.

DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.224.179.247

Order

In this BitTorrent litigation, Strike³ Holdings, LLC, moves for leave to subpoena Comcast Cable or Comcast Cable Communications, LLC, before discovery begins. Doc. 7 (motion); Docs. 7-1 to 7-3 (supporting declarations); Doc. 7-4 (proposed subpoena). [fn 1] From Comcast, Strike³ wants the name and address of the subscriber associated with IP address 73.224.179.247 on February 5, 2025, at 14:47:30. Doc. 7-4 at 1, 4.

Unless authorized by a court order, parties generally cannot begin discovery until after the case-management conference. Fed. R. Civ. P. 26(d). Courts have permitted early discovery upon a showing of good cause. See, e.g., Tracfone Wireless, Inc. v. Adams, 304 F.R.D. 672, 673 (S.D. Fla. 2015). “Good cause" is hard to define but “generally signifies a sound basis or legitimate

need to take judicial action" after balancing the interests involved. In re Alexander Grant & Co. Litig., 820 F. 2d 352, 356 (11th Cir. 1987).

As in similar cases before this Court, Strike³ shows good cause. Strike

Because multiple persons may use a single IP address, the subscriber might not be the alleged infringer. Considering the nature of the alleged copyrighted material, procedural protections—as encouraged by Strike³ itself, Doc. 7 at 14—are necessary to avoid undue embarrassment.

The Court grants Strike³'s motion, Doc. 7, and permits Strike³ to immediately serve the subpoena provided with the motion, Doc. 7-4, using the following procedural protections.

1. Strike³ must include with the subpoena a copy of the complaint, Doc. 1, and this order.

2. Strike³ must follow its practices described in its motion under the heading “Strike³ Brings its Litigation in Good Faith," Doc. 7 at 5–6.

3. Pending further order, neither party may file anything with the Court identifying the defendant by name. For a summons, Strike³ should call the clerk's office at (904) 549- 1900, request a blank summons, and complete the summons itself.

4. Within twenty-eight days of receiving from Comcast the name and address of the subscriber, Strike³ must provide a copy of this order to the subscriber. The subscriber may obtain legal counsel. Anything the subscriber says or provides might be used against the subscriber.

5. If the parties resolve the dispute, Strike³ must expeditiously effect dismissal in accordance with Federal Rule of Civil Procedure 41.

6. If the parties do not resolve the dispute and the defendant wants to remain anonymous, the defendant must move to proceed anonymously with the defendant's first filing, satisfying the standard for proceeding anonymously described in Plaintiff B v. Francis, 631 F. 3d 1310, 1315-16 (11th Cir. 2011).

Ordered in Jacksonville, Florida, on April 8, 2025.

PATRICIA D. BARKSDALE United States Magistrate Judge

[fn 1]: In the motion, Strike³ asks for leave to subpoena “Comcast Cable." Doc. 7 at 1. The proposed subpoena is to “Comcast Cable Communications, LLC.” Doc. 7-4 at 1. Strike³ provides no explanation for the difference.

[fn 2]: Having received no adversarial briefing, the Court does not hold that Strike³ actually states a claim for copyright infringement.