Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.51.3.189
- Haywood Gilliam
- 4:25-cv-05458
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Gilliam allowed a subpoena seeking the defendant’s identity, with notice and confidentiality protections.
Strike 3 Holdings, LLC may seek the John Doe defendant’s identity from Comcast and any later-identified internet service provider. The defendant and affected subscribers receive notice and an opportunity to challenge the subpoenas, and any disclosed identifying information is temporarily protected from public disclosure.
What happened
Strike 3 Holdings, LLC asked in Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.51.3.189 for permission to subpoena Comcast before the parties’ required discovery conference.
The court found good cause and allowed subpoenas seeking the defendant’s true name and address from Comcast and any later-identified internet provider. The providers must notify affected subscribers, who may challenge the subpoenas.
Judge Haywood S. Gilliam, Jr. also limited use of the information and required it to remain confidential until the defendant could ask to proceed anonymously. The order did not decide the underlying claims.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.51.3.189 · No. 4:25-cv-05458
- Haywood Gilliam
- July 28, 2025
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The requested subpoena would be directed to Comcast Cable, identified in the order as the internet service provider, to learn the identity of the John Doe defendant associated with IP address 98.51.3.189.
Ruling
The court granted the application. It found that Strike 3 Holdings had shown “good cause” to serve a subpoena under Federal Rule of Civil Procedure 45. The subpoena may require Comcast to provide the defendant’s true name and address. Strike 3 Holdings may also serve the same kind of subpoena on another internet service provider identified in a response as providing internet services to the defendant. Any subpoena must include a copy of the order.
If an internet service provider qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires compliance with the notice requirement in 47 U.S.C. § 551(c)(2)(B). The provider must send the defendant a copy of the order. Each provider also has 30 days after service to give each affected subscriber a copy of the subpoena and order. The subscriber or provider then has 30 days after service to file a motion challenging the subpoena, including a motion to cancel or change it. If no challenge is filed, the provider has 10 additional days to produce the responsive information.
Confidentiality and effect
The court issued a limited protective order. Any name or other personal identifying information released to Strike 3 Holdings must be treated as confidential and may not be publicly disclosed until the defendant has had an opportunity to ask to proceed anonymously and the court has ruled on that request. If the defendant does not file that request within 30 days after the information is disclosed, the limited protective order expires.
Judge Haywood S. Gilliam, Jr. issued this discovery order; it does not resolve the underlying claims against John Doe.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.