Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.252.184.71
- Thomas Hixson
- 3:25-cv-03890
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson allowed early discovery to identify the subscriber behind an IP address.
Strike 3 Holdings, LLC may seek the Doe defendant’s identifying information from Comcast and potentially other internet service providers. The Doe subscriber and the providers are affected by the notice, challenge, preservation, confidentiality, and disclosure requirements.
What happened
Strike 3 Holdings, LLC sued a John Doe subscriber associated with IP address 73.252.184.71. The company asked for permission to subpoena the internet service provider before the parties held the conference normally required early in a lawsuit.
The court found good cause and allowed Strike 3 to serve Comcast Cable Communications, LLC with a subpoena seeking the defendant’s true name and address. The order also permits subpoenas to other identified internet providers and requires notice, time to challenge the subpoenas, preservation of information, and limits on using or publicly disclosing the information.
Judge Thomas S. Hixson granted Strike 3’s motion for permission to serve the subpoena before the required conference. The order did not decide whether the Doe subscriber was liable for anything.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.252.184.71 · No. 3:25-cv-03890
- Thomas Hixson
- May 19, 2025
Background
Strike 3 Holdings, LLC filed an application for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The subpoena would be directed to Comcast Cable Communications, LLC, identified as the internet service provider associated with the IP address listed in Exhibit A to the complaint.
Ruling
The court found that Strike 3 had established good cause to serve the subpoena before the Rule 26(f) conference. The court granted the application and authorized Strike 3 to serve Comcast with a Rule 45 subpoena seeking the true name and address of the defendant to whom Comcast assigned the relevant IP address.
The order also permits Strike 3 to serve a similar Rule 45 subpoena on any service provider identified in response to a subpoena 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). More generally, the ISP must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on the ISP.
Each subscriber and the ISP has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a challenge, the ISP has 10 days to provide Strike 3 with the responsive information concerning that subscriber. The ISP must preserve the subpoenaed information while awaiting production or resolution of a timely motion to quash.
Limits on Use and Disclosure
Strike 3 may use information obtained through 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 seek permission to proceed anonymously or further discovery has occurred. References to the defendant’s identity must be redacted and filed under seal until further notice.
Effect of the Order
Judge Thomas S. Hixson’s order addresses pretrial discovery—the process for obtaining information relevant to a lawsuit. It authorizes an early subpoena but does not decide the merits of Strike 3’s claims or whether the Doe subscriber is liable.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.