Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.70.216.151
- Virginia Demarchi
- 5:25-cv-03102
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge DeMarchi granted Strike 3’s motion to subpoena Comcast for the subscriber’s identity.
Strike 3 Holdings, LLC may seek the identity and address of the anonymous subscriber from Comcast. Comcast must notify the subscriber and may object or seek a protective order. The order protects the subscriber’s identity from public disclosure absent consent or court permission.
What happened
Strike 3 Holdings, LLC sued a defendant identified only as John Doe Subscriber Assigned IP Address 73.70.216.151 and asked to subpoena Comcast Cable Communications, LLC before the parties’ required planning conference. Strike 3 said Comcast was the internet provider associated with the IP address.
The court granted Strike 3’s motion for leave to serve the subpoena. The subpoena may require Comcast to provide the subscriber’s true name and address, subject to notice to the subscriber and Comcast’s right to object or seek a protective order. The order does not decide whether the subscriber infringed copyright.
Judge Virginia K. DeMarchi also restricted Strike 3’s use of any information obtained to protecting and enforcing the rights described in its complaint. The subscriber’s identity may not be publicly disclosed without the subscriber’s consent or permission from the court.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.70.216.151 · No. 5:25-cv-03102
- Virginia Demarchi
- Apr. 25, 2025
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 ordinarily required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider for the subscriber associated with IP address 73.70.216.151.
Court’s analysis
The court found good cause for early discovery. It stated that Strike 3 had shown that it could identify a real person or entity who could be sued in federal court, had taken steps to locate the defendant, had an action that could withstand a motion to dismiss, and had a reasonable likelihood of identifying the defendant through discovery so that service could occur. The court also noted Strike 3’s representation that it had satisfied the copyright-registration requirement under 17 U.S.C. § 411(a).
The court also acknowledged that merely alleging that someone 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. But at this stage, based on the record before it, the court concluded that Strike 3 could use limited discovery to determine the defendant’s identity.
Ruling and conditions
The court granted Strike 3’s application and allowed it to serve a Rule 45 subpoena on Comcast seeking the true name and address of the subscriber to whom Comcast assigned IP address 73.70.216.151. Strike 3 must attach the order to the subpoena.
Comcast must serve the subpoena and the order on the subscriber within 30 days after the subpoena is served on Comcast. Comcast may use any reasonable method, including first-class mail or overnight delivery to the subscriber’s last known address. Comcast may object to the subpoena or seek a protective order.
Strike 3 may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint. If Comcast provides the subscriber’s identity, Strike 3 may not publicly disclose it without the subscriber’s consent or leave of court.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.