The order, issued April 24 in the Western District of Tennessee, allows Strike 3 to serve a Rule 45 subpoena on AT&T Inc. to identify the subscriber associated with IP address 75.31.186.230, but bars the plaintiff from initiating any settlement discussions or contacting the defendant before service of the complaint without court leave, unless the defendant initiates contact first.
Judge Lipman noted that Strike 3 is a "frequent litigant" in the district that routinely files copyright infringement claims against John Doe defendants for allegedly downloading and distributing adult movies without permission. The court observed that Strike 3 typically files a motion to subpoena the defendant’s internet service provider, obtains an order with conditions intended to "counteract a risk" of coercion, and then files a notice of voluntary dismissal without litigating the merits.
"This pattern is suggestive of coercive settlement practices that this Court must guard against," Judge Lipman wrote, citing prior decisions from the District of Connecticut. While acknowledging Strike 3’s legitimate need to identify infringers, the court emphasized the necessity of protecting defendants from "abusive litigation practices" and unnecessary embarrassment.
To balance these interests, the court issued a detailed protective order that permits the defendant to proceed anonymously for now and restricts how AT&T must handle the subpoenaed information. The order gives AT&T sixty days to identify and serve the subscriber, during which time the ISP is prohibited from turning over identifying information to Strike 3.
The protective order also mandates that any information produced by AT&T be limited to "Attorneys’ Eyes Only" review, meaning it cannot be disclosed to Strike 3, its employees, or agents. Strike 3’s counsel must file a written statement confirming compliance under seal with the court.
Additionally, the order allows AT&T to charge Strike 3 for production costs and extends Strike 3’s time to serve the defendant under Federal Rule of Civil Procedure 4(m) until thirty days after any motion to quash or modify the subpoena is resolved.