Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.14.125.66
- Thomas Hixson
- 3:25-cv-03105
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson granted permission to subpoena the internet provider for the defendant’s identity.
Strike 3 Holdings, LLC may seek the defendant’s identifying information from Astound Broadband LLC and certain other internet service providers. John Doe Subscriber Assigned IP Address 76.14.125.66 and the providers receive notice and an opportunity to challenge the subpoena.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 76.14.125.66. It asked to identify the person associated with that internet address.
The court allowed Strike 3 to serve Astound Broadband LLC with a subpoena before the parties’ required early case conference. The subpoena may seek the defendant’s true name and address, and may also be served on another internet provider identified in response.
Judge Thomas S. Hixson granted the motion. The order requires notice to the subscriber, gives the subscriber and provider 30 days to challenge the subpoena, and limits public disclosure of the identifying information.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.14.125.66 · No. 3:25-cv-03105
- Thomas Hixson
- Apr. 28, 2025
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before a Rule 26(f) conference. The defendant is identified in the caption as John Doe Subscriber Assigned IP Address 76.14.125.66. The order states that Strike 3 seeks information about the defendant from the internet service provider, Astound Broadband LLC.
Ruling
The court found that Strike 3 had shown good cause to serve the subpoena. It granted the motion and authorized Strike 3 to serve Astound Broadband LLC with a subpoena under Federal Rule of Civil Procedure 45. The subpoena may require Astound to provide the defendant’s true name and address. Strike 3 must attach the order to the subpoena.
The order also permits Strike 3 to serve the same type of subpoena on another internet service provider identified in response to the first subpoena. If Astound qualifies as a cable operator under 47 U.S.C. § 522(5), it must send the defendant a copy of the order as required by 47 U.S.C. § 551(c)(2)(B).
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. The subscriber and the provider each have 30 days after service on that person or entity to file a motion challenging the subpoena, including a motion to quash or modify it. If no timely challenge is filed, the provider has 10 days to give Strike 3 the responsive information for that subscriber. The provider must preserve the subpoenaed information while awaiting production or resolution of a timely challenge.
Limits on disclosure
Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. It may not publicly disclose the information without the court’s permission at least until the Doe defendant has had an opportunity to request anonymous participation or further discovery has occurred. References to the defendant’s identity must be redacted and filed under seal until further notice.
This order addresses discovery of the defendant’s identity and does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.