Strike 3 Holdings, LLC v. John Doe subscriber assigned IP Address 76.243.106.115, 2:19-cv-11260

Strike 3 Holdings alleges a John Doe (identified only by IP address 76.243.106.115) downloaded its copyrighted adult films without authorization.
Strike 3 seeks to sue for copyright infringement but needs the subscriber’s identity from the ISP (AT&T U-verse) to name the defendant.
Strike 3 moved for leave to serve a third-party Rule 45 subpoena on the ISP before a Rule 26(f) conference to obtain the subscriber’s name and address.
The court found Strike 3 showed good cause to serve the subpoena and authorized service on the ISP and any identified upstream providers, requiring Strike 3 to attach the court’s order to subpoenas.
The court limited use of any disclosed subscriber information to enforcement of Strike 3’s complaint and recognized privacy/sensitivity concerns (pornography download allegations and potential misattribution).
The court issued a protective order permitting the Doe defendant to proceed anonymously during discovery and required compliance with cable-operator notice rules if the ISP qualifies as a cable operator.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Strike 3 may serve a third-party subpoena pre-Rule 26(f)	Good cause exists to identify the alleged infringer so suit can proceed	(Implicit) Subscriber privacy and potential misidentification counsel against early disclosure	Court: Granted leave to serve Rule 45 subpoena on ISP; good cause found
Scope/use of information obtained from ISP	Information will be used to prosecute copyright claim	Risk of misuse; privacy concerns	Court: Disclosure limited to protecting/enforcing Strike 3’s claims
Whether the Doe may proceed anonymously during discovery	Identification needed but can wait until confirmed	Anonymity protects against coercion/false positives and privacy harms	Court: Doe may remain anonymous pending discovery confirmation
Requirement to notify subscriber if ISP is a cable operator	Court-ordered disclosure is permissible	Cable Privacy Act requires notice when disclosure authorized by court order	Court: If ISP is a cable operator, it must comply with 47 U.S.C. §551(c)(2)(B) and notify the subscriber by sending this Order

Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1 (D.D.C.) (third-party subpoenas to ISPs permitted where good cause shown)
Flagg v. City of Detroit, 268 F.R.D. 279 (E.D. Mich.) (Rule 26(c) protective order principles and privacy considerations)