Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.73.34.75
- Joseph Spero
- 3:25-cv-03885
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero authorized subpoenas to identify the person assigned IP address 99.73.34.75.
Strike 3 Holdings, LLC, John Doe, AT&T Inc., any other internet service provider identified through the subpoenas, and subscribers whose identity information is sought.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 99.73.34.75, Strike 3 asked for permission to serve a subpoena before the parties held their required early case-management conference.
The court found good cause and allowed Strike 3 to subpoena AT&T Inc. for the defendant’s true name and address. The order also allows subpoenas to other internet providers identified through that process.
The order gives subscribers and providers 30 days to challenge a subpoena, requires providers to preserve the requested information, and limits its use to protecting Strike 3’s rights under the Copyright Act. Judge Joseph C. Spero issued the order.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.73.34.75 · No. 3:25-cv-03885
- Joseph Spero
- May 23, 2025
Background
Strike 3 Holdings, LLC asked the court for permission to serve a subpoena on AT&T Inc. before the parties’ Rule 26(f) conference. The subpoena seeks the true name and address of the defendant associated with IP address 99.73.34.75. The request was made without advance notice to the opposing party.
Ruling
The court found that Strike 3 had shown good cause for obtaining the information. It authorized Strike 3 to serve AT&T with a subpoena under Rule 45. The subpoena must include a copy of the order. If a subpoena response identifies another internet service provider, Strike 3 may serve that provider with a subpoena in the same manner.
The court stated that the authorized subpoenas qualify as court orders allowing disclosure under 47 U.S.C. § 551. Each provider has 30 days after service to notify each subscriber whose identity information is sought and provide the subscriber with the subpoena and the order. Each subscriber and provider then has 30 days after service to file a motion challenging 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 the responsive information.
Providers must preserve the subpoenaed information until they provide it to Strike 3 or a timely challenge is finally resolved. Strike 3 may use any disclosed information only to protect its rights under the Copyright Act. The order also requires filings containing information identifying any current or proposed defendant to be filed under seal. Judge Joseph C. Spero issued the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.