Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.248.93.202
- Cisneros
- 3:24-cv-03894
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Cisneros allowed discovery subpoenas to identify the subscriber connected to an internet address.
Strike 3 Holdings, LLC may seek identifying information from Comcast Cable Communications, LLC and potentially other internet service providers. The John Doe subscriber assigned IP address 98.248.93.202 must receive notice and may challenge the subpoena within the specified period.
What happened
Strike 3 Holdings, LLC sued a defendant identified as John Doe subscriber assigned IP address 98.248.93.202 and asked to subpoena the internet provider before the parties held their required planning conference. The lawsuit's underlying claims are not decided in this order.
The court found good cause for Strike 3 to serve Comcast Cable Communications, LLC with a subpoena seeking the defendant's true name and address. The order also allows subpoenas to other internet service providers identified in Comcast's response.
Judge Cisneros required notice to the subscriber, allowed 30 days to challenge or modify the subpoena, limited use of the information to the lawsuit, and ordered identifying information to be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.248.93.202 · No. 3:24-cv-03894
- Cisneros
- Aug. 12, 2024
Background
Strike 3 Holdings, LLC filed an ex parte application—an application made without waiting for the opposing party to participate—for permission to serve a third-party subpoena before the Rule 26(f) conference. The requested subpoena was directed to Comcast Cable Communications, LLC, identified as the internet service provider, and sought the true name and address of the person assigned the IP address listed in the complaint.
Ruling
The court found that Strike 3 had shown good cause to serve the subpoena. The order allows Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45, provided that Strike 3 attaches a copy of the order. It also allows Strike 3 to serve the same type of subpoena on any service provider identified in Comcast's response as providing internet services to the defendant.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires it to comply with 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber by sending a copy of the order. Comcast must serve the subscriber with copies of the subpoena and order within 30 days after being served. The subscriber and the provider each have 30 days after service to file a motion contesting, quashing, or modifying the subpoena. If no timely challenge is filed, the provider has 10 additional days to produce the responsive information for that subscriber.
Limits and Privacy Protections
Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights asserted in its complaint. The provider must preserve the subpoenaed information until it produces the information or a timely motion to quash is finally resolved. The defendant's name and other identifying information must be filed provisionally under seal and not otherwise disclosed. After the defendant is served, the court may require the defendant to ask for permission to proceed anonymously.
What the Order Did Not Decide
The order concerns early discovery and identification of the person associated with the IP address. It does not decide the merits of Strike 3's claims or whether the identified subscriber is liable.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.