Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.21.63.82
- Thomas Hixson
- 3:25-cv-03875
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson granted leave to subpoena Comcast before the required conference to identify the defendant.
Strike 3 Holdings, LLC, the unidentified defendant associated with IP address 76.21.63.82, Comcast Cable Communications, LLC, and any other internet service provider identified in response to the subpoena.
What happened
Strike 3 Holdings, LLC asked to serve a subpoena on Comcast Cable Communications, LLC before the parties held the required initial discovery conference. The subpoena sought the name and address of the defendant associated with the specified internet address.
The court found that Strike 3 had shown good cause and allowed the subpoena. It also allowed subpoenas to other internet providers identified in response. The order requires notice to the subscriber, gives the subscriber and provider 30 days to challenge the subpoena, and limits use and public disclosure of the information.
Judge Thomas S. Hixson granted Strike 3 Holdings, LLC’s ex parte motion for leave to serve the third-party subpoena before a Rule 26(f) conference. The order also requires identifying information to be filed under seal until further notice.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.21.63.82 · No. 3:25-cv-03875
- Thomas Hixson
- May 19, 2025
Background
Strike 3 Holdings, LLC filed an ex parte application for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The requested subpoena was directed to Comcast Cable Communications, LLC, the internet service provider associated with the internet protocol address listed in Exhibit A to the complaint. The order does not describe the underlying claims in detail.
Court’s ruling
The court found that Strike 3 had established “good cause” to serve the subpoena before the Rule 26(f) conference. It granted the motion and authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.
The court also authorized Strike 3 to serve the same type of subpoena on any other internet service provider identified in response as providing internet services to the defendant.
Notice and challenges
If Comcast 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). Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on Comcast, using any reasonable method, including first-class mail or overnight delivery 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 quash or modify it. If the subscriber does not challenge 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 final resolution of a timely motion to quash.
Limits on disclosure
Strike 3 may use information obtained through the subpoena 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 defendant has had an opportunity to ask to proceed anonymously or further discovery has occurred. References to the defendant’s identity must be redacted and filed under seal until further notice.
Disposition
Judge Thomas S. Hixson granted the ex parte motion for leave to serve a third-party subpoena before a Rule 26(f) conference.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.