Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.37.117.196
- Joseph Spero
- 3:24-cv-07521
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero allowed early subpoenas to identify the defendant linked to an IP address, subject to notice and challenges.
Strike 3 Holdings, LLC; John Doe, the subscriber assigned IP address 98.37.117.196; Comcast Cable Communications, LLC; any other identified internet service provider; and subscribers whose information is sought by an authorized subpoena.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast before the usual conference between the parties because the defendant was identified only by an internet address.
The court found good cause and authorized subpoenas seeking the defendant’s true name and address. The order also allows subpoenas to other internet providers identified through the process, requires notice to affected subscribers, and gives subscribers and providers 30 days to challenge a subpoena.
Judge Joseph C. Spero granted the application and set procedures for preserving and disclosing the information. The information may be used only to protect Strike 3’s rights under the Copyright Act, and filings containing the information must remain under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.37.117.196 · No. 3:24-cv-07521
- Joseph Spero
- Nov. 19, 2024
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. The defendant is identified in the caption as the subscriber assigned IP address 98.37.117.196. Strike 3 asked to subpoena Comcast Cable Communications, LLC for the defendant’s true name and address.
Ruling
The court found that Strike 3 had established “good cause” to serve the subpoena. The court authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking the true name and address of the defendant associated with the specified IP address. Strike 3 must attach a copy of the order to the subpoena.
The order also permits Strike 3 to serve a Rule 45 subpoena on any internet service provider identified in response to a subpoena as providing internet services to the defendant. The order treats the authorized subpoenas as court orders allowing disclosure under 47 U.S.C. § 551, provided the subscriber is notified.
Notice and challenges
Each internet service provider has 30 days after being served to give affected subscribers a copy of the subpoena and the order. Each subscriber and provider then has 30 days after service on that person or entity to file a motion contesting 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 providers must preserve the subpoenaed information while awaiting production or the final resolution of a timely motion to quash. Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act. Filings containing the information about a current or proposed defendant must be filed under seal and not otherwise disclosed.
Disposition
Judge Joseph C. Spero granted Strike 3’s ex parte application for leave to serve a third-party subpoena before a Rule 26(f) conference. The order addresses discovery and identification procedures; it does not decide the underlying copyright dispute.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.