Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.45.235.172
- Thomas Hixson
- 3:25-cv-05498
- U.S. District Court · Northern District of California
- 2
Counsel of record per CourtListener. Firm names are approximate.
In Strike 3 Holdings v. John Doe, Judge Hixson allowed early subpoena discovery to identify the subscriber linked to the listed internet address.
Strike 3 Holdings, LLC may seek the subscriber’s name and address from Comcast Cable Communications, LLC and potentially other identified internet service providers. The John Doe subscriber and the providers may challenge the subpoena, and the subscriber’s identifying information is subject to notice, preservation, use, and sealing restrictions.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast Cable Communications, LLC before the parties’ required initial conference. The subpoena seeks the name and address of the subscriber assigned the internet address listed in the complaint.
The court found good cause for the early subpoena. It also allowed subpoenas to other internet providers identified through the subpoena response. Comcast must notify the subscriber and preserve the requested information, while the subscriber and provider may challenge the subpoena within 30 days.
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.45.235.172, Judge Thomas S. Hixson granted the application. The information may be used only to protect and enforce the rights described in the complaint, and identifying information must remain sealed unless the court permits disclosure.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.45.235.172 · No. 3:25-cv-05498
- Thomas Hixson
- July 30, 2025
Background
Strike 3 Holdings, LLC applied for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The proposed subpoena was directed to Comcast Cable Communications, LLC, the internet service provider associated with the internet address identified in Exhibit A to the complaint.
Court’s Ruling
The court found that Strike 3 Holdings had shown good cause to serve the subpoena. It granted permission to serve a Rule 45 subpoena requiring the provider to produce the true name and address of the defendant to whom the provider assigned the listed internet address. The order also permits a subpoena to any other internet service provider identified in response as providing internet services to the defendant.
Notice and Challenges
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), it must send the defendant a copy of the order as required by 47 U.S.C. § 551(c)(2)(B). The provider must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on the provider.
The subscriber and the provider each have 30 days after service on that person or entity to file a motion challenging the subpoena, including a motion to cancel or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information. The provider must preserve the subpoenaed information while a timely challenge is pending or until it delivers the information to Strike 3 Holdings.
Use and Sealing of Information
Strike 3 Holdings may use information produced under the subpoena only to protect and enforce the rights described in the complaint. It may not publicly disclose the information without the court’s permission, at least until the defendant has had an opportunity to ask to proceed anonymously or further discovery has occurred. References to the defendant’s identity must be redacted and filed under seal until further order of the court.
Disposition
Judge Thomas S. Hixson granted Strike 3 Holdings’ ex parte application for leave to serve the third-party subpoena before the Rule 26(f) conference. This order addresses the requested early discovery and subpoena procedures.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.