Strike 3 Holdings v. John Doe subscriber assigned IP address 98.207.133.144
- Virginia Demarchi
- 5:24-cv-06066
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi allowed Strike 3 to subpoena Comcast for the subscriber’s identity before a Rule 26(f) conference.
Strike 3 Holdings may seek the identity and address of the John Doe subscriber through Comcast. Comcast must notify the subscriber and may object to the subpoena or seek a protective order.
What happened
Strike 3 Holdings sued a John Doe subscriber identified by Internet Protocol address 98.207.133.144 and asked to subpoena Comcast Cable, the internet service provider, before the parties held a required discovery conference.
The court found good cause for early discovery. It said Strike 3 had sufficiently identified a potentially real defendant, described efforts to locate that person, presented a claim that could survive a request for dismissal, and shown a reasonable likelihood that discovery could identify the defendant. The court did not decide whether copyright infringement occurred.
Judge Virginia K. DeMarchi granted Strike 3’s application. Strike 3 may serve Comcast with a subpoena seeking the subscriber’s true name and address, subject to notice to the subscriber, possible objections or a request for protection by Comcast, and restrictions on using or publicly disclosing the information.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 98.207.133.144 · No. 5:24-cv-06066
- Virginia Demarchi
- Oct. 22, 2024
Background
Strike 3 Holdings, LLC asked for permission to serve Comcast Cable with a third-party subpoena before the parties’ conference under Federal Rule of Civil Procedure 26(f). Comcast is the internet service provider associated with the subscriber assigned Internet Protocol address 98.207.133.144.
Court’s Analysis
The court found that Strike 3 had shown good cause for early discovery. It determined that Strike 3 had identified the unknown defendant with enough specificity for the court to determine that the defendant could be sued in federal court; identified earlier efforts to locate the defendant; presented an action that could withstand a motion to dismiss; and shown a reasonable likelihood that discovery could identify the defendant so service of process would be possible. The court also noted Strike 3’s representation that it had satisfied the copyright-registration requirement in 17 U.S.C. § 411(a).
The court recognized that merely alleging that someone subscribed to an Internet Protocol address associated with infringing activity is not enough, by itself, to state a plausible claim for direct or contributory copyright infringement. But, based on the record at this stage, it concluded that Strike 3 could obtain limited discovery to determine the defendant’s identity. The order did not decide whether the subscriber infringed copyright.
Order
The court granted Strike 3’s application. Strike 3 may serve a Rule 45 subpoena on Comcast seeking the true name and address of the subscriber to whom Comcast assigned the specified Internet Protocol address. Strike 3 must attach the order to the subpoena.
Comcast must serve the subscriber with the subpoena and the order within 30 days after the subpoena is served on Comcast. Comcast may use any reasonable method, including first-class mail or overnight service to the subscriber’s last known address. Strike 3 may use information obtained through the subpoena only to protect and enforce the rights described in its complaint.
Comcast may object to the subpoena or seek a protective order. If Comcast provides the subscriber’s identity to Strike 3, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.