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LLC v. Doe

United States District Court, W.D. Pennsylvania

August 3, 2018

STRIKE 3 HOLDINGS, LLC, Plaintiff,
v.
JOHN DOE subscriber assigned IP address 96.235.18.136, Defendant.

          ORDER

          CATHY BISSOON, UNITED STATES DISTRICT JUDGE

         AND NOW, this 3rd day of August, 2018, upon consideration of the Motion for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference of Plaintiff Strike 3 Holdings, LLC (“Strike 3”) (Doc. No. 7) (the “Motion”), it is ORDERED and DECREED that the Motion is GRANTED.

         IT IS FURTHER ORDERED as follows:

         1. Strike 3 may serve a Rule 45 subpoena on each Internet Service Provider (“ISP”) listed in Exhibit A to the Complaint in order to obtain from the ISP the true name, address, and Media Access Control (“MAC”) of each defendant identified by Internet Protocol (“IP”) address in that Exhibit;

         2. Strike 3 shall attach to each subpoena a copy of this Order and the Court-Directed Notice Regarding Issuance of Subpoena, a copy of which is attached to this Order as Exhibit 1;

         3. Strike 3 may serve a Fed.R.Civ.P. 45 subpoena in the same manner as above on any service provider that is identified in response to a subpoena as a provider of Internet services to any defendant;

         4. Strike 3 is directed to inform any ISP receiving a Fed.R.Civ.P. 45 subpoena from Strike 3 that the ISP is instructed to provide a copy of the Court-Directed Notice to each defendant within seven (7) days of service of the subpoena[1];

         5. The ISP shall not release to Strike 3 or its attorneys any defendant's identifying information sooner than twenty-one (21) days after that ISP has sent the Court-Directed Notice to the defendant;

         6. If either a defendant or an ISP files a motion challenging the subpoena, the ISP shall not provide any information to Strike 3 or its attorneys without an Order of the Court directing the ISP to produce the requested discovery;

         7. Any future notices or communications to any defendant must be approved by the Court[2]; and

         8. Strike 3 shall not disseminate or use the information disclosed in response to a Fed.R.Civ.P. 45 subpoena for any purpose other than in this action.

         IT IS SO ORDERED,

         COURT-DIRECTED NOTICE REGARDING ISSUANCE OF SUBPOENA

         A subpoena has been issued directing your Internet Service Provider (“ISP") to disclose your name and address. The subpoena has been issued because you have been sued in the United States District Court for the Western District of Pennsylvania as a "John Doe" by Strike 3 Holdings, LLC ("Plaintiff”). This case is identified as Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 96.235.18.136. You have been sued for using the Internet and the BitTorrent protocol to infringe copyrights. The Plaintiff has identified you only as a "John Doe" and ...


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