STRIKE 3 HOLDINGS, LLC
v.
DOE SUBSCRIBER ASSIGNED IP ADDRESS 35.143.215.105
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The court granted plaintiff's motion for leave to serve a third-party subpoena prior to a Rule 26(f) conference.
Plaintiff Strike 3 Holdings, LLC sought leave to serve a subpoena on an ISP to identify a subscriber associated with an IP address. The motion was fil…
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subscriber assigned IP address 35.143.215.105,
Defendant. /
ORDER
This matter comes before the Court upon Plaintiff Strike 3 Holdings, LLC’s Motion for Leave to Serve a Third-Party Subpoena Prior to Rule 26(f) Conference (Doc. # 9), filed on November 9, 2023. Upon review of the Motion and the attached Declarations in support, it is now ORDERED, ADJUDGED, and DECREED: 1. Plaintiff Strike 3 Holdings, LLC’s Motion for Leave to Serve a Third-Party Subpoena Prior to Rule 26(f) Conference (Doc. # 9) is GRANTED. 2. Plaintiff has established that “good cause” exists for it to serve a third-party subpoena on Spectrum (hereinafter the “ISP”). See, e.g., Clear Skies Nevada, LLC v. Doe, No. 6:15-cv-1987-GAP-TBS, 2015 WL 12938950, at *1
(M.D. Fla. Dec. 3, 2015); Malibu Media, LLC v. Doe, No. 8:15- cv-2314-EAK-TBM, 2015 WL 12856086, at *1 (M.D. Fla. Nov. 6, 2015).
3. Plaintiff may serve the ISP with a Rule 45 subpoena
commanding the ISP to provide Plaintiff with the true name and address of Defendant to whom the ISP assigned an IP address as set forth in Exhibit A to the Complaint. Plaintiff shall attach to any such subpoena a copy of this Order. 4. 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 Defendant.
5. 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 in Chambers, in Tampa, Florida, this 5th day of December, 2023.
tn In. Mecmeply (neh VIR IA M. HERNANDEZ’*COVINGTON