Strike 3 Holdings v. John Doe subscriber assigned IP address 73.231.186.177
- Cisneros
- 3:24-cv-09377
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Cisneros allowed discovery subpoenas seeking the subscriber’s identity from Comcast and other identified providers.
Strike 3 Holdings, LLC may seek the identity and address of John Doe from Comcast Cable Communications, LLC and any other identified internet-service provider. The subscriber may challenge the subpoena within 30 days, and the provider must give notice, preserve the information, and follow the order’s disclosure restrictions.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.231.186.177, Strike 3 asked to serve a subpoena before the parties’ required initial conference. The subpoena sought the name and address of the person assigned the listed internet address.
The court found good cause to allow the subpoena to Comcast Cable Communications, LLC, and potentially to other internet-service providers identified through the subpoena process. The information could be used only to protect and enforce Strike 3’s rights in its complaint.
Judge Cisneros ordered notice to the subscriber and gave the subscriber and provider 30 days to challenge the subpoena. The provider must preserve the information, and the subscriber’s identifying information must be provisionally filed under seal.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 73.231.186.177 · No. 3:24-cv-09377
- Cisneros
- Jan. 21, 2025
Background
Strike 3 Holdings, LLC filed an ex parte application—an application made without first notifying or obtaining a response from the opposing party—for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The requested subpoena was directed to Comcast Cable Communications, LLC, identified as the internet-service provider associated with the internet protocol address listed in the complaint.
Court’s ruling
The court found that Strike 3 had established good cause to serve Comcast with a Rule 45 subpoena. The subpoena may require Comcast to provide Strike 3 with the true name and address of the defendant to whom Comcast assigned the listed internet protocol address. Strike 3 must attach a copy of the order to the subpoena.
The order also permits Strike 3 to serve a similar Rule 45 subpoena on any other internet-service provider identified in response to a subpoena as providing internet service to the defendant. If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with the notice and disclosure requirements of 47 U.S.C. § 551(c)(2)(B) by sending the defendant a copy of the order.
Notice and challenges
The provider must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on the provider, using any reasonable method, including first-class or overnight mail to the subscriber’s last known address. Each subscriber and provider has 30 days after service on that person or entity to file a motion contesting, quashing, or modifying the subpoena. If no subscriber timely challenges the subpoena, the provider has 10 additional days to produce the responsive information. The provider must preserve the subpoenaed information until production or final resolution of a timely motion to quash.
The order limits Strike 3’s use of the disclosed information to protecting and enforcing its rights stated in the complaint. The defendant’s name and other identifying information must be provisionally filed under seal. After service on the defendant, the court may require the defendant to seek permission to proceed anonymously.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.