MEMPHIS (LN) — U.S. District Judge Sheryl H. Lipman granted Strike 3 Holdings' motion to subpoena Comcast for the identity of a John Doe defendant on April 24, but ordered the plaintiff to keep the subscriber's information "Attorneys' Eyes Only" and barred the company from initiating settlement talks without court permission.
Lipman, the chief judge for the Western District of Tennessee, noted that Strike 3 is a "frequent litigant" in her court, having filed "dozens of cases over the course of two and a half years" that follow an identical script: copyright infringement claims against anonymous IP addresses, followed by early discovery motions and voluntary dismissals.
"The pattern is suggestive of coercive settlement practices that this Court must guard against," Lipman wrote, citing previous rulings in Connecticut that have identified similar risks in Strike 3's litigation strategy.
While the court found Strike 3 had shown good cause for early discovery to identify the infringer, Lipman emphasized the need to protect the defendant from "unnecessary embarrassment" and "abusive litigation practices," particularly given the risk of false-positive identifications associated with IP addresses.
To balance these interests, the order imposes a series of specific restrictions on Strike 3. The plaintiff is prohibited from initiating any settlement discussions or contacting the defendant before serving the complaint, unless it obtains leave of court. If the defendant initiates contact, Strike 3 may participate in settlement talks.
The order also limits the scope of the subpoena to Comcast. Strike 3 may only seek the subscriber's name and address; it cannot obtain phone numbers, email addresses, or information about other potential defendants. Furthermore, Comcast is granted 60 days to identify the subscriber and serve them with the subpoena and a "Notice to Defendant."
Crucially, the order prevents Comcast from turning over the subscriber's identifying information to Strike 3 until after the 60-day objection period has expired. If the defendant or Comcast files a motion to quash the subpoena, the information must remain preserved and withheld until the court resolves the motion.
If no motion is filed, Comcast must provide the information to Strike 3's counsel for "Attorneys' Eyes Only" review. The information cannot be disclosed to Strike 3, its employees, or agents. Strike 3's counsel must file a written statement confirming compliance with the order under seal.
Lipman also extended Strike 3's time to serve the defendant under Federal Rule of Civil Procedure 4(m) to 30 days after the expiration of the objection period, or 30 days after the denial of any motion to quash.
Strike 3 had requested a 60-day extension of the deadline for service on the defendant, which Lipman granted for good cause shown. The company must effectuate service on John Doe by June 22, 2026.
Comcast is permitted to charge Strike 3 for the costs of production, provided it confers with the plaintiff and provides a billing summary. However, the ISP cannot assess any charge before providing the requested information.
The order notes that Strike 3 asserts its "goal is not to embarrass anyone or force anyone to settle unwillingly," but Lipman wrote that "the risk of coercion exists even if Strike 3 acts in good faith."