Strike 3 Holdings, LLC v. Doe

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

STRIKE 3 HOLDINGS, LLC, Civil Action No. 1:23-cv-11182-RGS Plaintiff, v. JOHN DOE subscriber assigned IP address 73.234.91.142, Defendant.

-~ ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE | THIS CAUSE came before the Court upon Plaintiff's Motion for Leave for Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference (the “Motion”), and the Court being duly a ised in the premises does hereby: FIND, ORDER AND ADJUDGE: 1. Plaintiff established that “good cause” exists for it to serve a third party subpoena on Comcast Cable (hereinafter the “ISP”). See e.g., Strike 3 Holdings, LLC v. Doe, 964 F.3d 1203 (D.C. Cir. 2020); London-Sire Recs., Inc. v. Doe 1, 542 F. Supp. 2d 153 (D. Mass. 2008). | 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 rs 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 7 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 this 243 day of __ J Une (2023.

By: . ED STATES DISTRICT JUDGE