Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.14.48.15
- Joseph Spero
- 3:24-cv-07522
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe Subscriber, Judge Spero granted permission to subpoena internet providers for the defendant’s name and address.
Strike 3 Holdings, LLC may seek the defendant’s name and address from WaveDivision Holdings, LLC and other identified internet service providers. The John Doe subscriber and any affected providers may challenge the subpoenas within the stated deadlines.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena WaveDivision Holdings, LLC before the parties held their required initial conference. The request sought the name and address of the person assigned the listed internet address.
The court found good cause and allowed Strike 3 to serve a subpoena on WaveDivision. It also allowed subpoenas to other internet providers identified in response. The providers must notify affected subscribers, who may challenge the subpoenas within 30 days. If no challenge is filed, the provider must produce the requested information within 10 additional days.
Judge Joseph C. Spero also required the providers to preserve the information and limited Strike 3’s use of any disclosed information to protecting its rights under the Copyright Act. The order did not determine the defendant’s identity or decide the underlying copyright dispute.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.14.48.15 · No. 3:24-cv-07522
- Joseph Spero
- Nov. 19, 2024
Background
Strike 3 Holdings, LLC filed an ex parte application, meaning a request decided without a prior hearing involving the opposing party, for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. A subpoena is a court-authorized demand for information from a person or entity that is not a party to the lawsuit. Strike 3 sought information about the defendant associated with IP address 76.14.48.15.
Ruling
The court found that Strike 3 had established good cause to serve the subpoena. It authorized Strike 3 to serve WaveDivision Holdings, LLC with a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address. The subpoena must include a copy of the order.
The court also authorized Strike 3 to serve a similar subpoena on any service provider identified in response as providing internet services to the defendant. The order treated the subpoenas as court orders authorizing disclosure under 47 U.S.C. § 551, provided the subscriber is notified.
Notice and challenges
Each internet service provider must give the affected subscriber a copy of the subpoena and the order within 30 days after being served. Each subscriber and provider then has 30 days after service to file a motion contesting, quashing, or modifying the subpoena. If that period expires without a challenge, the provider has 10 days to give Strike 3 the responsive information.
The providers must preserve the subpoenaed information until they deliver it to Strike 3 or a timely motion to quash is finally resolved. Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act. Filings concerning the identity of a current or proposed defendant must be made under seal and not otherwise disclosed.
Result
Judge Joseph C. Spero granted Strike 3’s ex parte application for leave to serve the third-party subpoenas before the Rule 26(f) conference. The order authorized discovery to identify the defendant but did not decide the merits of the underlying dispute.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.