Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.71.211.44
- J. Cisneros
- 3:25-cv-04744
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Magistrate Judge J. Cisneros allowed a subpoena to identify the defendant but did not decide the underlying claims.
Strike 3 Holdings, LLC, the unidentified defendant assigned IP address 73.71.211.44, Comcast Cable, and any other internet-service provider identified in response to the subpoena.
What happened
Strike 3 Holdings, LLC asked for permission to subpoena Comcast Cable before the parties held their required early case-management conference. The subpoena seeks the true name and address of the person assigned the listed internet address.
The court found good cause and allowed Strike 3 to serve the subpoena on Comcast and, if necessary, other internet-service providers identified in Comcast’s response. The information may be used only to protect and enforce Strike 3’s rights described in its complaint.
The order also requires notice to the subscriber, gives the subscriber and provider 30 days to challenge the subpoena, and provisionally seals identifying information. Magistrate Judge J. Cisneros did not decide whether Strike 3’s underlying claims are valid.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.71.211.44 · No. 3:25-cv-04744
- J. Cisneros
- June 26, 2025
Background
Strike 3 Holdings, LLC filed an ex parte application seeking permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The subpoena is directed initially to Comcast Cable, identified as the internet-service provider associated with the internet protocol address listed in Exhibit A to the complaint. The opinion does not decide the underlying claims in the complaint.
Ruling
The court found that Strike 3 had shown good cause to serve the subpoena. It allowed 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 allowed Strike 3 to serve the same type of subpoena on any service provider identified in response to the Comcast subpoena as providing internet services to the defendant. Strike 3 may use information obtained through the subpoena only to protect and enforce the rights described in its complaint.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires it to follow 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber of the court-authorized disclosure by sending the subscriber a copy of the order. More generally, Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served. The provider may use reasonable means, including first-class mail or overnight service to the subscriber’s last known address.
Opportunity to Challenge and Protection of Information
Each subscriber and the internet-service provider has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If no subscriber challenges the subpoena during that period, the provider has 10 additional days to produce the responsive information for that subscriber. The provider must preserve the subpoenaed information while awaiting production or resolution of a timely motion to quash.
The defendant’s name and other identifying information must be filed provisionally under seal and not otherwise disclosed. After the defendant is served, the court may require the defendant to seek permission to proceed anonymously. The order was entered on June 26, 2025, by J. Cisneros, United States Magistrate Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.