Strike 3 Holdings v. John Doe subscriber assigned IP address 76.103.182.227
- Thomas Hixson
- 3:24-cv-06801
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson granted permission to subpoena Comcast before the required conference to identify the subscriber.
Strike 3 Holdings, LLC may seek the defendant subscriber’s name and address from Comcast and other identified internet service providers. The John Doe subscriber and the providers receive notice and may challenge the subpoena; the subscriber’s identity is subject to confidentiality and sealing requirements.
What happened
Strike 3 Holdings, LLC asked in Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.103.182.227 for permission to subpoena the internet service provider before the parties’ required initial conference. The subpoena would seek the subscriber’s true name and address.
The court found good cause and allowed Strike 3 to serve Comcast Cable Communications, LLC with the subpoena. The order also permits subpoenas to other internet providers identified through that process.
Judge Thomas S. Hixson granted the motion and imposed notice, deadlines for challenging the subpoena, information-preservation, and confidentiality requirements. The opinion does not decide the underlying claims.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 76.103.182.227 · No. 3:24-cv-06801
- Thomas Hixson
- Oct. 29, 2024
Background
Strike 3 Holdings, LLC filed an application for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. A Rule 26(f) conference is the required early meeting about case discovery. The requested subpoena was directed to Comcast Cable Communications, LLC, the internet service provider associated with the IP address identified in the complaint.
Ruling
The court found that Strike 3 had established “good cause” to serve the subpoena before the Rule 26(f) conference. The court granted the application and authorized Strike 3 to serve Comcast with a Rule 45 subpoena seeking the true name and address of the defendant to whom Comcast assigned the IP address listed in Exhibit A to the complaint.
The order also permits Strike 3 to serve the same type of subpoena on any other internet service provider identified in response to a subpoena as providing internet services to the defendant.
Notice and Challenges
The order requires the provider to serve the subscriber with copies of the subpoena and order within 30 days after the provider is served. Each subscriber and provider 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 provider must preserve the information while a timely challenge is pending or until it delivers the information to Strike 3.
Confidentiality
Strike 3 may use information obtained through the subpoena only to protect and enforce the rights described in the complaint. It may not publicly disclose the information without the court’s permission, at least until the Doe defendant has had an opportunity to seek permission to proceed anonymously or additional discovery has occurred. References to the defendant’s identity must be redacted and filed under seal until further notice.
Disposition
Judge Thomas S. Hixson ordered that the ex parte motion for leave to serve a third-party subpoena before the Rule 26(f) conference was granted. This order concerns early discovery and does not state a decision on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.