Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 174.62.93.123
- Joseph Spero
- 3:24-cv-04534
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero authorized subpoenas to identify the subscriber behind an IP address before the parties’ initial conference.
Strike 3 Holdings, LLC, the unidentified subscriber associated with IP address 174.62.93.123, Comcast Cable Communications LLC, and any other Internet service provider identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC sued a defendant identified as John Doe Subscriber Assigned IP Address 174.62.93.123 and asked to serve a subpoena before the parties’ required initial conference.
The court found good cause for early discovery and authorized Strike 3 to subpoena Comcast Cable Communications LLC for the defendant’s true name and address. Strike 3 may also subpoena another internet provider identified through that process.
Judge Joseph C. Spero required the providers to notify the affected subscriber and allowed the subscriber or provider 30 days to challenge a subpoena. The order did not decide whether copyright infringement occurred.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 174.62.93.123 · No. 3:24-cv-04534
- Joseph Spero
- Aug. 21, 2024
Background
Strike 3 Holdings, LLC filed an application asking for permission to serve a third-party subpoena before the parties held the conference normally required by Rule 26(f) of the Federal Rules of Civil Procedure. The subpoena sought information identifying the defendant associated with Internet Protocol address 174.62.93.123.
Ruling
The court found that Strike 3 had shown good cause for early discovery. It authorized Strike 3 to serve Comcast Cable Communications LLC with a Rule 45 subpoena requiring Comcast to provide the defendant’s true name and address. Strike 3 may also serve a similar subpoena on any service provider identified in response to a subpoena as providing Internet services to the defendant.
The order treats the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551. Each provider must notify each subscriber whose information is sought by serving a copy of the subpoena and the order within 30 days after service on the provider. The subscriber or provider then has 30 days after service to file a motion challenging the subpoena, including a motion to quash or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information.
The providers must preserve the subpoenaed information while awaiting production or resolution of a timely motion to quash. Strike 3 may use information disclosed in response to a subpoena only to protect its rights under the Copyright Act. The order also requires filings containing information about a current or proposed defendant to be filed under seal.
Effect of the Order
This is a discovery order identifying how Strike 3 may seek the defendant’s identity; it does not decide whether the defendant infringed copyright or impose liability.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.