Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.132.142.8
- Joseph Spero
- 3:24-cv-08569
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero allowed Strike 3 to subpoena Comcast for identifying information before the parties’ required conference.
Strike 3 Holdings, LLC; the unidentified subscriber assigned IP address 76.132.142.8; Comcast Cable Communications LLC; any other identified internet-service provider; and subscribers whose information is sought through the subpoenas.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast before the parties held their required early-case conference. The subpoena seeks the true name and address of the person assigned the listed internet address.
The order also permits subpoenas to other internet providers identified through the process. Providers must notify affected subscribers, who may challenge or seek to change 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 granted Strike 3’s application. The providers must preserve the requested information, and Strike 3 may use any disclosed information only to protect its rights under the Copyright Act.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.132.142.8 · No. 3:24-cv-08569
- Joseph Spero
- Dec. 18, 2024
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. A third-party subpoena is a demand for information from someone who is not a party to the lawsuit. Strike 3 identified Comcast Cable Communications LLC as the internet provider associated with IP address 76.132.142.8.
Ruling
Judge Joseph C. Spero found that Strike 3 had shown “good cause” for early discovery. The court granted the application and authorized Strike 3 to serve Comcast with a Rule 45 subpoena seeking the defendant’s true name and address. Rule 45 governs subpoenas issued to obtain information from third parties.
The order also authorizes Strike 3 to serve the same type of subpoena on any other internet-service provider identified in response to a subpoena as providing internet service to the defendant. A copy of the order must be attached to each subpoena.
Notice and Challenges
Each provider has 30 days after being served to give each affected subscriber 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 that period expires without a challenge, the provider has 10 days to give Strike 3 the responsive information.
Each provider must preserve the subpoenaed information until it delivers the information to Strike 3 or a timely motion to quash is finally resolved. Information disclosed in response to a subpoena may be used only to protect Strike 3’s rights under the Copyright Act.
The excerpt also contains an incomplete sealing instruction stating that information concerning “any current or proposed defendant” must be filed under seal and not otherwise disclosed. Because the preceding text is missing or unclear, its full scope cannot be determined from the excerpt.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.