STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.248.10.125
1:24-cv-11397
D.N.J.Jun 12, 2025Background
- Strike 3 Holdings, LLC owns U.S. copyrights and alleges an unnamed defendant infringed its works via BitTorrent file sharing, using a specific IP address.
- The true identity of the defendant is unknown; only the IP subscriber information is available.
- Strike 3 sought the court’s permission to serve a pre-discovery subpoena on Comcast Cable (the ISP) to obtain the subscriber’s name and address.
- Normally, discovery is prohibited before a formal Rule 26(f) conference, but parties may request exceptions under certain circumstances.
- The motion was considered on the papers, unopposed (defendant has not been served), and the court found good cause for limited, expedited discovery.
- The court carefully restricted the subpoena to only the subscriber’s name and address, not other personally identifying information.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-Rule 26(f) Subpoena for Subscriber Info | Urgent need to identify defendant to advance case and protect copyrights | Not provided | Permitted, limited to name and address of subscriber |
| Good Cause for Early Discovery | Plaintiff has prima facie claim, narrowly tailored request, no other means | Not provided | Good cause shown; outweighs potential prejudice |
| Burden/Privacy of Subscriber | Limited request poses minimal burden; privacy interests outweighed | Not provided | Name/address allowed; other identifying info (email, phone) not |
| Use and Disclosure of Obtained Information | Will only use info for this lawsuit, not for other purposes | Not provided | Disclosure for case only; must share with any appearing defendant |
Key Cases Cited
- None with official reporter citations provided in the opinion; only Westlaw citations referenced.