Strike 3 Holdings v. John Doe subscriber assigned IP address 73.222.135.245
- 3:25-cv-02334
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, the court allowed a subpoena to identify the defendant before the parties’ required conference.
Strike 3 Holdings, LLC, the unidentified subscriber assigned the listed internet protocol address, Comcast Cable, and any other identified internet service provider subject to a subpoena.
What happened
In Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.222.135.245, Strike 3 asked to subpoena Comcast Cable before the parties held their required initial conference.
The court found good cause and allowed Strike 3 to seek the defendant’s name and address from Comcast or another identified internet provider. The order required notice to the subscriber and protected the information from broader disclosure.
The court also gave the subscriber and provider 30 days to challenge the subpoena and required the provider to preserve the information. The court issued this order on April 7, 2025.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 73.222.135.245 · No. 3:25-cv-02334
- Apr. 7, 2025
Background
Strike 3 Holdings, LLC filed a one-sided application for permission to serve a subpoena on Comcast Cable before the parties’ required conference under Federal Rule of Civil Procedure 26(f). The defendant is identified in the caption only as John Doe subscriber assigned IP address 73.222.135.245.
Order
The court found that Strike 3 had shown good cause to serve a third-party subpoena. The court authorized Strike 3 to serve Comcast Cable with a subpoena under Rule 45 seeking the defendant’s true name and address associated with the internet protocol address listed in the complaint. Strike 3 must attach a copy of the order to the subpoena.
The order also allows Strike 3 to serve the same type of subpoena on any service provider identified in response to a subpoena as providing internet services to the defendant.
If Comcast qualifies as a cable operator under the cited federal statute, it must comply with the statute’s requirement concerning disclosure of subscriber-identifying information by notifying the subscriber of the court-authorized disclosure. The provider must send the subscriber a copy of the order. The order further requires the provider to serve the subscriber with copies of both the subpoena and the order within 30 days after the subpoena is served.
Limits and challenge process
Strike 3 may use information obtained through the subpoena only to protect and enforce the rights asserted in its complaint. Each subscriber and the provider has 30 days after service to file a motion challenging, 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 while production or any timely challenge is pending.
The defendant’s name and other identifying information must be provisionally filed under seal and not otherwise disclosed. After service on the defendant, the court may require the defendant to seek permission to proceed anonymously. The court issued the order on April 7, 2025.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.