Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.222.146.46
- Thomas Hixson
- 3:25-cv-03103
- U.S. District Court · Northern District of California
- 2
In Strike 3 v. John Doe, Judge Hixson allowed early subpoena discovery to identify the internet subscriber.
Strike 3 Holdings, LLC; the John Doe subscriber associated with IP address 73.222.146.46; Comcast Cable Communications, LLC; and any other internet service provider identified in Comcast’s response.
What happened
Strike 3 Holdings, LLC sued a John Doe subscriber associated with IP address 73.222.146.46. Before the required conference between the parties, Strike 3 asked to subpoena the internet service provider, Comcast Cable Communications, LLC, for identifying information.
The court found good cause for the early subpoena. It allowed Strike 3 to ask Comcast for the defendant’s true name and address and to subpoena another internet provider identified through Comcast’s response.
Judge Hixson granted the motion and set notice, challenge, preservation, confidentiality, and filing-under-seal requirements. The order did not decide whether the defendant infringed Strike 3’s rights.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.222.146.46 · No. 3:25-cv-03103
- Thomas Hixson
- Apr. 28, 2025
Background
Strike 3 Holdings, LLC applied for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. The requested subpoena was directed to Comcast Cable Communications, LLC, the internet service provider associated with the IP address listed in Exhibit A to the complaint.
Court’s Analysis
The court found that Strike 3 had established good cause to serve the subpoena before the Rule 26(f) conference. The order authorized a Rule 45 subpoena—a subpoena issued to a nonparty—to require Comcast to provide the true name and address of the defendant to whom Comcast assigned the specified IP address. It also authorized Strike 3 to serve the same type of subpoena on another internet service provider identified in Comcast’s response as providing internet services to the defendant.
Order
Judge Thomas S. Hixson granted the ex parte motion for leave to serve the third-party subpoena before the Rule 26(f) conference.
The order requires the following:
- Strike 3 must attach a copy of the order to the subpoena. - If Comcast qualifies as a cable operator under the cited federal statute, Comcast must send the defendant a copy of the order. In all events specified by the order, the internet service provider must serve the subscriber with copies of the subpoena and order within 30 days after service on the provider. - The subscriber and the provider each have 30 days after service on that person or entity to file a motion contesting the subpoena, including a motion to cancel or modify it. - If the subscriber does not contest the subpoena within that period, the provider has 10 days to produce the responsive information to Strike 3. - The provider must preserve the subpoenaed information while awaiting production or resolution of a timely motion to cancel the subpoena. - Strike 3 may use the disclosed information only to protect and enforce the rights asserted in the complaint. It may not publicly disclose the information without the court’s permission at least until the Doe defendant has had an opportunity to seek permission to proceed anonymously or further discovery has occurred. References to the defendant’s identity must remain redacted and filed under seal until further notice.
The opinion concerns only early discovery and the conditions for obtaining identifying information; it does not determine the merits of Strike 3’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.