UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

STRIKE 3 HOLDINGS, LLC,

Plaintiff, Case No. 25-11006

v.

JOHN DOE subscriber assigned IP Address 68.43.64.207,

Defendant. /

ORDER GRANTING MOTION FOR LEAVE TO SERVE THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE (ECF No. 3)

This Cause came before the Court upon Plaintiff Strike 3 Holdings, LLC’s (“Strike 3”) motion for leave to serve a third party subpoena prior to a Rule 26(f) Conference (ECF No. 3), and the Court being duly advised in the premises does hereby FIND, ORDER AND ADJUDGE: 1. Strike 3 established that “good cause” exists for it to serve a third party subpoena on Comcast Cable (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe,

, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 1-19,

, 6–7 (D.D.C. 2008). 2. Strike 3 may serve the ISP with a Rule 45 subpoena

commanding the ISP to provide Strike 3 with the true name and address of the Defendant John Doe (“Doe”) to whom the ISP assigned an IP address as set forth in the complaint. Strike 3 shall attach to any such

subpoena a copy of this Order. 3. Strike 3 may also serve a Rule 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 Doe. 4. If the ISP qualifies as a “cable operator,” as defined by

(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

(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 Doe.

5. Strike 3 may only use the information disclosed in response to a Rule 45 subpoena served on the ISP for the purpose of protecting and enforcing Strike 3’s rights as set forth in its complaint.

SO ORDERED.

s/Jonathan J.C. Grey Jonathan J.C. Grey Date: April 16, 2025 United States District Judge Certificate of Service

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First-Class U.S. mail addresses disclosed on the Notice of Electronic Filing on April 16, 2025.

s/ S. Osorio Sandra Osorio Case Manager