Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.93.108.200
- 3:24-cv-07601
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, the court allowed a subpoena to identify the defendant; the court issued the order.
Strike 3 Holdings, LLC, the John Doe subscriber associated with IP address 73.93.108.200, Comcast Cable Communications, LLC, and any other internet service provider identified in response to a subpoena.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.93.108.200, Strike 3 Holdings asked for permission to serve Comcast Cable Communications, LLC with a subpoena before the parties’ required early case conference.
The court found good cause and allowed Strike 3 Holdings to seek the defendant’s name and address, and to issue similar subpoenas to other identified internet providers. The order limited use of the information, required notice to the subscriber, preserved the subscriber’s right to challenge the subpoena, and required provisional sealing of identifying information.
The court issued the order dated November 18, 2024. The opinion’s signature is unclear, so the judge is identified here as the court.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.93.108.200 · No. 3:24-cv-07601
- Nov. 18, 2024
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The proposed subpoena would be directed to Comcast Cable Communications, LLC, identified as the internet service provider, and would seek the true name and address of the defendant associated with the internet protocol address listed in the complaint.
Ruling
The court found that Strike 3 Holdings had shown “good cause” to serve the subpoena. It authorized Strike 3 Holdings to serve a Rule 45 subpoena on Comcast seeking the defendant’s name and address. It also authorized subpoenas to any other internet service provider identified in response to a subpoena 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 comply with 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber by sending a copy of the order. More generally, Comcast must serve the subscriber with copies of the subpoena and order within 30 days after service of the subpoena. The subscriber and the internet service provider each have 30 days after service to challenge the subpoena, including by asking the court to cancel or modify it. If no timely challenge is filed, the provider has 10 additional days to produce the responsive information. The provider must preserve the subpoenaed information while awaiting production or resolution of a timely challenge.
Limits and Confidentiality
Strike 3 Holdings may use information obtained through the subpoena only to protect and enforce the rights described in its complaint. The defendant’s name and other identifying information must be provisionally filed under seal and not otherwise disclosed. After service, the court may require the defendant to seek permission to proceed anonymously.
The opinion’s signature is not legible enough in the supplied text to identify the judge reliably; the order therefore refers to the judge as the court.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.