Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.162.144.45
- Haywood Gilliam
- 4:24-cv-04559
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Gilliam allowed early subpoena service to identify the defendant and imposed notice and confidentiality protections.
Strike 3 Holdings, LLC, the unidentified defendant associated with IP address 99.162.144.45, AT&T Internet, and any other internet service provider identified through the subpoena process.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 99.162.144.45, Strike 3 Holdings asked to serve a subpoena on AT&T Internet before the parties’ required early meeting. The subpoena seeks the defendant’s true name and address.
The court found good cause for the early subpoena. It also allowed subpoenas to other internet providers identified through the process, subject to notice and an opportunity to challenge the subpoenas.
Judge Haywood S. Gilliam, Jr. granted the application and issued a limited protective order. Any identifying information released to Strike 3 must remain confidential unless the defendant has had an opportunity to ask to proceed anonymously and the court has ruled on that request.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.162.144.45 · No. 4:24-cv-04559
- Haywood Gilliam
- Aug. 27, 2024
Background
Strike 3 Holdings, LLC applied without advance notice to the opposing party for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The application sought information identifying the defendant, John Doe Subscriber Assigned IP Address 99.162.144.45, from AT&T Internet, identified in the order as the internet service provider.
Court’s analysis
The court found that Strike 3 had established “good cause” to serve an early subpoena under Federal Rule of Civil Procedure 45. The court authorized Strike 3 to subpoena AT&T Internet for the defendant’s true name and address and required Strike 3 to attach the order to the subpoena. The court also authorized a subpoena to any other internet service provider identified in response as providing internet services to the defendant.
If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires compliance with the notice provisions of 47 U.S.C. § 551(c)(2)(B). Each provider must serve the subscriber with the subpoena and the order within 30 days after service on the provider. The subscriber and provider each have 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If no challenge is filed, the provider has 10 days to produce the responsive information.
Ruling and protections
Judge Haywood S. Gilliam, Jr. granted Strike 3’s ex parte application for leave to serve a third-party subpoena before the Rule 26(f) conference. The order limits Strike 3’s use of information obtained through the subpoena to protecting and enforcing the rights described in its complaint.
The court also issued a limited protective order because subscribers might be publicly accused of illegally downloading adult motion pictures. Any name or other identifying information released to Strike 3 must be treated as confidential and may not be publicly disclosed until the defendant has had an opportunity to file a motion to proceed anonymously and the court has ruled on that motion. If the defendant does not file that motion within 30 days after the information is disclosed, the limited protective order expires.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.