STRIKE 3 HOLDINGS, LLC
v.
JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 76.110.207.187
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Plaintiff is granted leave to serve a third-party subpoena on the ISP to obtain the subscriber's identity, provided the ISP complies with relevant statutory notice requirements.
Plaintiff, Strike 3 Holdings, LLC, sought leave to serve a third-party subpoena on an ISP (Comcast Cable) to identify a subscriber associated with a s…
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ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE THIS MATTER is before the Court on the Plaintiff’s Motion for Leave for Serve a Third Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), (DE# 45, 12/29/21). The Court, having reviewed the Motion and being fully advised in the premises, hereby ORDERS and ADJUDGES as follows: 1. Plaintiff established that “good cause” exists for it to serve a third party subpoena on Comcast Cable (hereinafter the “ISP”). See e.g., Clear Skies Nevada, LLC v. Doe, No. CV 15-1987-ORL-40TBS, 2015 WL 12938950, at *1 (M.D. Fla. Dec. 3, 2015); Malibu Media, LLC v. Doe, No. CV 15-2314-T-17TBM, 2015 WL 12856086, at *1 (M.D. Fla. Nov. 6, 2015).
2. 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.
3. 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 the Defendant. 4. 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, Miami, Florida, this 5th day of January, 2022. 7)
JOHN J. O'SULLIVAN