Opinion
8:22-cv-2087-VMC-CPT
09-22-2022
STRIKE 3 HOLDINGS, LLC, Plaintiff, v. JOHN DOE subscriber assigned IP address 173.171.170.224, Defendant.
ORDER
VIRGINIA M. HERNANDEZ COVINGTON, DISTRICT JUDGE
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. # 8), filed on September 22, 2022. 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. # 8) 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-Orl-40TBS, 2015 WL 12938950, at *1(M.D. Fla. Dec. 3, 2015); Malibu Media, LLC v. Doe, No. 8:15- cv-2314-T-17TBM, 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