Strike 3 Holdings v. John Doe subscriber assigned IP address 67.180.183.103
- Thomas Hixson
- 3:25-cv-03112
- U.S. District Court · Northern District of California
- 2
Judge Hixson granted Strike 3 Holdings v. John Doe’s request to subpoena Comcast for the subscriber’s identity before the usual conference.
Strike 3 Holdings, LLC, the John Doe subscriber, Comcast Cable Communications, LLC, and any other internet service provider identified in response to the subpoena.
What happened
In Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.183.103, Strike 3 Holdings asked to identify the person connected to the listed internet address before the parties held the required early case-management conference.
The court found good cause and allowed Strike 3 Holdings to subpoena Comcast Cable Communications, LLC for the defendant’s true name and address. The order also allows subpoenas to other internet providers identified in Comcast’s response.
Judge Thomas S. Hixson required notice to the subscriber and gave the subscriber and provider 30 days to challenge the subpoena. The information must be preserved, used only to protect and enforce the rights described in the complaint, and kept under seal under the order’s conditions.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 67.180.183.103 · No. 3:25-cv-03112
- Thomas Hixson
- Apr. 28, 2025
Background
Strike 3 Holdings, LLC filed an application for permission to serve a subpoena on an internet service provider before the parties’ Rule 26(f) conference. The defendant is identified in the caption as John Doe subscriber assigned IP address 67.180.183.103.
Court’s Ruling
The court granted the ex parte motion. It found that Strike 3 Holdings had shown “good cause” to serve Comcast Cable Communications, LLC with a Rule 45 subpoena. A Rule 45 subpoena is a formal demand for information issued under the Federal Rules of Civil Procedure. The subpoena may require Comcast to provide the defendant’s true name and address, based on the internet address identified in Exhibit A to the complaint.
The court also authorized Strike 3 Holdings to serve a Rule 45 subpoena on another internet service provider identified in response to the Comcast subpoena as providing internet services to the defendant.
Notice and Challenge Period
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), it must send the subscriber a copy of the order as required by 47 U.S.C. § 551(c)(2)(B). Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on Comcast. The provider may use any reasonable method, including first-class or overnight mail to the subscriber’s last known address.
The subscriber and the internet service 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 change it. If no timely challenge is filed, the provider has 10 days to give Strike 3 Holdings the responsive information. The provider must preserve the subpoenaed information while awaiting production or final resolution of a timely challenge.
Limits on Use and Disclosure
Strike 3 Holdings may use information produced under the subpoena only to protect and enforce the rights described 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 ask to proceed anonymously or additional discovery has occurred. References to the defendant’s identity must be redacted and filed under seal until further order.
The order addresses early discovery and the handling of subpoenaed identifying information; it does not state a decision on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.