Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.35.95.254
- Martinez-Olguin
- 3:25-cv-04747
- U.S. District Court · Northern District of California
- 7
In Strike 3 Holdings v. John Doe, Judge Martinez-Olguin allowed early discovery to identify the internet subscriber, with privacy protections.
Strike 3 Holdings, LLC may serve an early subpoena on Comcast Cable Communications, LLC to seek the name and address of the unidentified subscriber. The subscriber receives notice, an opportunity to challenge the subpoena, and identity-protection measures. Comcast and any other internet-service provider receiving a subpoena must follow the order’s notice, preservation, and production requirements.
What happened
Strike 3 Holdings, LLC sued an unidentified subscriber assigned IP address 98.35.95.254, alleging that the person used BitTorrent to download and distribute about 65 copyrighted media files. Strike 3 asked to subpoena Comcast Cable Communications, LLC before the parties’ required planning conference to learn the subscriber’s name and address.
The court granted Strike 3’s application for permission to serve the subpoena. It found that Strike 3 had shown good cause because it had identified a potentially real defendant, described its efforts to identify that person, presented a complaint that could survive an initial dismissal request, and sought information likely to identify the defendant for service. The court did not decide whether the subscriber infringed any copyright.
Judge Araceli Martinez-Olguin required Comcast to notify the subscriber and allowed the subscriber 30 days to challenge the subpoena, including by asking to proceed anonymously. The subscriber’s identity must remain sealed, and Strike 3 may not publicly disclose information obtained through the subpoena without further court permission.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.35.95.254 · No. 3:25-cv-04747
- Martinez-Olguin
- June 18, 2025
Background
Strike 3 Holdings, LLC alleged that the unknown defendant assigned IP address 98.35.95.254 used BitTorrent to download and distribute about 65 files containing Strike 3’s copyrighted adult motion pictures. Strike 3 asserted one claim for direct copyright infringement and sought an injunction and statutory damages.
Because the defendant’s identity was unknown, Strike 3 filed an ex parte application for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The proposed subpoena would require non-party Comcast Cable Communications, LLC to identify the individual associated with the IP address.
The court discussed concerns raised by other courts about the possibility that an internet-service-provider account holder may not be the person who committed the alleged infringement and may feel pressured to settle because of the subject matter of the allegations. The court therefore considered both Strike 3’s need for early discovery and the potential prejudice to the unidentified subscriber.
Good Cause for Early Discovery
Under Federal Rule of Civil Procedure 26(d), the court may authorize discovery before the Rule 26(f) conference when appropriate. Courts in the Ninth Circuit generally require “good cause,” meaning that the need for expedited discovery, considering the administration of justice, outweighs prejudice to the responding party.
Applying the four factors from Columbia Insurance Co. v. seescandy.com, the court found that Strike 3 had shown good cause:
- Specific identification: The complaint alleged that BitTorrent activity requires a human user and that Strike 3 had used its detection software and MaxMind geolocation technology to trace the IP address to a location within the district.
- Identification efforts: Strike 3 described using geolocation and infringement-detection technology, web-search tools, computer investigators, and cybersecurity consultants.
- Potentially valid claim: The court found that the complaint could withstand a motion to dismiss at this preliminary stage. Strike 3 alleged that it owned the copyrights and that the defendant downloaded, copied, and distributed the works without permission.
- Likely useful discovery: The court found that Comcast was reasonably likely to possess the subscriber’s name and address, which could permit service of process.
The court concluded that Strike 3 satisfied all four factors and had demonstrated good cause for expedited discovery.
Protective Measures
The court also entered limited protective measures under Federal Rule of Civil Procedure 26(c). Personal information Comcast produced about the defendant must be treated as confidential. The court will consider a request by the defendant to proceed under a pseudonym. References to the defendant’s identity must be redacted and filed under seal until further notice.
Order
The court granted Strike 3’s ex parte application concerning the defendant assigned IP address 98.35.95.254. Within 21 days, Strike 3 may serve a Rule 45 subpoena on Comcast requiring it to provide the defendant’s true name and address, and it must attach the order. Strike 3 may also serve a similar subpoena on another internet-service provider identified in response to the subpoena.
Within 30 days after being served, the internet-service provider must give the subscriber a copy of the subpoena and the order. The subscriber then has 30 days to challenge the subpoena, including by moving to quash or modify it, and may ask to proceed anonymously by requesting that identifying information be filed under seal. If the subscriber does not challenge the subpoena within that period, the internet-service provider may produce the requested information within 10 days.
Strike 3 may use the information only to protect and enforce the rights asserted in the complaint and may not publicly disclose it without the court’s permission. The internet-service provider must preserve subpoenaed information while any timely motion to dismiss is pending. The order did not decide whether the defendant committed copyright infringement.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.