Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.25.91
- Thomas Hixson
- 3:24-cv-06802
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson granted permission to subpoena an internet provider before the required discovery conference.
Strike 3 Holdings, LLC may seek the defendant’s identifying information from Comcast and any other identified internet service provider. The John Doe subscriber and the providers may challenge the subpoena, and the providers must give notice and preserve the information as ordered.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 67.180.25.91 and asked to learn the defendant’s name and address from the internet provider connected to that address. The opinion does not decide the underlying claims.
Judge Hixson found good cause to allow Strike 3 to serve Comcast Cable Communications, LLC with a subpoena before the parties held the required discovery conference. The order also allows subpoenas to other internet service providers identified in response to the first subpoena.
Judge Hixson granted the motion and required notice to the subscriber, who may challenge the subpoena within 30 days. The order limits use and public disclosure of the identifying information and requires references to the defendant’s identity to remain sealed until further order.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.25.91 · No. 3:24-cv-06802
- Thomas Hixson
- Oct. 29, 2024
Background
Strike 3 Holdings, LLC filed an ex parte application—meaning an application made without first giving the opposing party the usual opportunity to respond—for permission to serve a third-party subpoena before the parties’ Rule 26(f) discovery conference. The requested subpoena seeks the true name and address of the defendant to whom Comcast Cable Communications, LLC assigned the internet protocol address listed in Exhibit A to the complaint.
The opinion does not identify the defendant’s name or address and does not decide the merits of Strike 3’s claims.
Ruling
The court found that Strike 3 had established good cause to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 before the Rule 26(f) conference. The court granted the motion and authorized Strike 3 to:
- Serve Comcast with a Rule 45 subpoena seeking the defendant’s true name and address, attaching a copy of the order. - Serve the same type of subpoena on any other internet service provider identified in Comcast’s response as providing internet services to the defendant.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires it to send the defendant a copy of the order as required by 47 U.S.C. § 551(c)(2)(B). In all events, the internet service 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.
Opportunity to Challenge and Confidentiality
The subscriber and the internet service provider each have 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a challenge, the provider has 10 days to produce the responsive information to Strike 3. The provider must preserve the subpoenaed information while awaiting production or final resolution of a timely motion to quash.
Strike 3 may use information disclosed in response to 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 further discovery has occurred. References to the defendant’s identity must be redacted and filed under seal until further notice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.