Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.7.93.236
- Edward Chen
- 3:25-cv-03865
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Chen allowed early subpoena discovery to identify the alleged copyright defendant, with privacy safeguards.
Strike 3 Holdings, LLC may obtain limited identifying information from Comcast Cable or another subpoenaed Internet service provider. John Doe receives notice and privacy protections, and the provider must preserve the subpoenaed information while a timely motion to dismiss is pending.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an Internet Protocol address, alleging that he used BitTorrent to infringe 29 of Strike 3’s adult motion pictures. Strike 3 asked to subpoena Comcast Cable before the parties’ usual early case meeting to learn John Doe’s name and address.
The court found good cause for the early discovery and granted Strike 3’s motion. It allowed Strike 3 to serve Comcast with a subpoena for John Doe’s name and address, while requiring notice to John Doe and limiting the use and public disclosure of the information.
Judge Edward M. Chen did not decide whether John Doe infringed copyright or whether the lawsuit states a valid claim. The order preserves John Doe’s ability to seek dismissal and requires Comcast or another subpoenaed Internet service provider to preserve the information while a timely dismissal motion is resolved.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.7.93.236 · No. 3:25-cv-03865
- Edward Chen
- June 12, 2025
Background
Strike 3 Holdings, LLC sued John Doe for alleged copyright infringement. According to the complaint and Strike 3’s materials, John Doe allegedly used the BitTorrent protocol to infringe 29 of Strike 3’s adult motion pictures. John Doe was identified in the case by the Internet Protocol address 24.7.93.236.
Strike 3 filed an ex parte application seeking permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The requested discovery was intended to identify John Doe’s true name and address by obtaining information from Comcast Cable, the Internet service provider identified in the order.
Ruling
The court found that Strike 3 sufficiently established good cause for the early discovery and granted its motion. The court authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 requesting the true name and address of the subscriber assigned the relevant Internet Protocol address. Strike 3 must attach the order and a cited decision by another judge to the subpoena.
The order requires notice to John Doe. If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), it must send John Doe a copy of the order under 47 U.S.C. § 551(c)(2)(B). Strike 3 must also ask Comcast to forward the order to the subscriber regardless of whether Comcast qualifies as a cable operator. If Comcast declines, Strike 3 must serve John Doe with the order at the same time as, or before, any other service or communication. Strike 3 must file proof of its request or an affidavit stating that the Internet service provider forwarded the order before Strike 3 attempts to serve or communicate with John Doe.
The court limited Strike 3’s use of information obtained through the subpoena to protecting and enforcing the rights described in its complaint. Strike 3 may not publicly disclose the information without the court’s permission at least until John Doe has had an opportunity to ask to proceed anonymously or further discovery has occurred. References to John Doe’s identity must be redacted and filed under seal until further notice. Strike 3 must also file an affidavit confirming that it proposed confidentiality to John Doe, including relevant communications about any proposed agreement.
What the ruling did not decide
The court stated that allowing the discovery did not prevent John Doe from filing a motion to dismiss for failure to state a claim and did not prejudge such a motion. The order also reminded Strike 3 of its obligation under Rule 11 to determine whether to continue the lawsuit after learning John Doe’s name and address. Comcast, or another Internet service provider receiving a subpoena under the order, must preserve the subpoenaed information while any timely motion to dismiss is pending.
This was a discovery ruling, not a decision on whether John Doe infringed copyright or whether Strike 3 will ultimately prevail.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.