Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.235.135.23
- J. Cisneros
- 3:24-cv-03931
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe Subscriber, Judge J. Cisneros authorized a subpoena seeking the defendant’s identifying information from AT&T Internet.
Strike 3 Holdings, LLC, the unidentified defendant associated with IP address 76.235.135.23, AT&T Internet, and any other service provider identified in response to the subpoena.
What happened
Strike 3 Holdings, LLC sued a defendant identified only by an internet protocol address and asked to subpoena AT&T Internet before the required early case-management conference. The request sought the defendant’s true name and address.
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.235.135.23, the court found good cause and authorized Strike 3 Holdings to serve the subpoena. The order also allowed subpoenas to other identified internet providers and limited use of the information to protecting and enforcing the rights described in the complaint.
Judge J. Cisneros ordered notice to the subscriber, gave the subscriber and internet provider 30 days to challenge the subpoena, and required the provider to preserve the information. The defendant’s identifying information must be provisionally filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.235.135.23 · No. 3:24-cv-03931
- J. Cisneros
- Aug. 23, 2024
Background
Strike 3 Holdings, LLC filed an ex parte application—an application made without the other side participating at that stage—for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The proposed subpoena was directed to AT&T Internet, the internet service provider, and sought the true name and address of the defendant associated with the internet protocol address identified in the complaint.
Court’s Ruling
The court found that Strike 3 Holdings had shown good cause to serve the subpoena. It authorized Strike 3 Holdings to serve AT&T Internet with a subpoena under Federal Rule of Civil Procedure 45, provided that a copy of the order is attached. The court also authorized a similar subpoena to any service provider identified in response to the first subpoena as providing internet services to the defendant.
If AT&T Internet 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), which allows disclosure of personal identifying information under a court order if the subscriber is notified. The provider must serve the subscriber with copies of the subpoena and order within 30 days after service on the provider, using any reasonable means, including first-class mail or overnight service to the subscriber’s last known address.
Each subscriber and the provider has 30 days after service to file a motion challenging, quashing, or modifying the subpoena. If no subscriber files a timely challenge, the provider has 10 additional days to produce the responsive information. The provider must preserve the subpoenaed information while production or any timely challenge remains unresolved.
Additional Protections
Strike 3 Holdings may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint. The defendant’s name and other identifying information must be filed provisionally under seal and may not otherwise be disclosed. After service on the defendant, the court may require the defendant to seek permission to proceed anonymously.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.