Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.252.19
- Virginia Demarchi
- 5:24-cv-08542
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi granted leave to subpoena Comcast for the subscriber’s identity before normal discovery began.
Strike 3 Holdings may seek the unidentified subscriber’s name and address from Comcast. Comcast must notify the subscriber and may object or seek a protective order; the subscriber’s identifying information is subject to nondisclosure restrictions.
What happened
Strike 3 Holdings, LLC sued an unidentified subscriber associated with internet protocol address 67.180.252.19 and asked to subpoena Comcast Cable Communications, LLC, the internet service provider, before the parties’ required discovery-planning conference. The case is Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.252.19.
The court found good cause for early discovery. It ruled that Strike 3 had sufficiently identified a possible defendant, described steps taken to locate that person, shown that its claim could survive a motion to dismiss, and shown a reasonable chance of identifying the subscriber through discovery. The court also noted that Strike 3 had satisfied copyright-registration requirements, while explaining that merely being the subscriber assigned an internet protocol address does not by itself establish copyright infringement.
Judge Virginia K. DeMarchi granted Strike 3’s motion for leave to serve Comcast with a subpoena seeking the subscriber’s true name and address. Comcast must notify the subscriber within 30 days after receiving the subpoena, may object or seek a protective order, and the information may not be publicly disclosed without the subscriber’s consent or court permission.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.252.19 · No. 5:24-cv-08542
- Virginia Demarchi
- Dec. 17, 2024
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable Communications, LLC before the parties held the conference required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider for the subscriber assigned internet protocol address 67.180.252.19. The subpoena sought the subscriber’s true name and address.
Court’s Analysis
The court applied the good-cause standard for early discovery. It found that Strike 3 had shown four things: (1) it identified the possible defendant specifically enough for the court to determine that the defendant was a real person or entity that could be sued in federal court; (2) it described earlier efforts to locate the defendant; (3) its lawsuit could withstand a motion to dismiss; and (4) there was a reasonable likelihood that discovery could identify the defendant so service of process would be possible. The court also noted Strike 3’s representation that it had satisfied the copyright-registration requirements for bringing the lawsuit.
The court cautioned that a bare allegation that a person was the registered subscriber for an internet protocol address associated with infringing activity is not enough, by itself, to state a plausible claim for direct or contributory copyright infringement. Nevertheless, based on the record at this stage, the court concluded that Strike 3 could use limited discovery to determine the defendant’s identity.
Order
The court granted Strike 3’s application and authorized it to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The subpoena must command Comcast to provide the true name and address of the subscriber to whom it assigned the specified internet protocol address, and Strike 3 must attach a copy of the order.
Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on Comcast. Comcast may use any reasonable means to provide that notice, including first-class mail or overnight delivery to the subscriber’s last known address. Strike 3 may use information produced under the subpoena only to protect and enforce the rights described in its complaint. Comcast may object to the subpoena or seek a protective order. If Comcast provides identifying information, Strike 3 may not publicly disclose it without the subscriber’s consent or leave of court.
This order authorized limited early discovery; it did not decide whether copyright infringement occurred or identify the subscriber.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.