Strike 3 Holdings v. John Doe subscriber assigned IP address 73.189.197.199
- Thomas Hixson
- 3:25-cv-06472
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson allowed an early subpoena to identify the defendant through Comcast.
Strike 3 Holdings, LLC may seek the defendant’s identifying information from Comcast and potentially another internet service provider. The John Doe subscriber may challenge the subpoena, and the providers must give notice, preserve the information, and follow the order’s disclosure restrictions.
What happened
In Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.189.197.199, Strike 3 Holdings asked to serve a subpoena before the parties’ usual early case conference. The request sought information identifying the person associated with the listed internet address.
The court allowed Strike 3 Holdings to subpoena Comcast Cable Communications, LLC for the defendant’s true name and address. If another internet provider is identified, Strike 3 Holdings may subpoena that provider as well. The providers must notify the subscriber, who may challenge the subpoena within 30 days.
Judge Thomas S. Hixson granted the motion and required the provider to preserve the information while any challenge is pending. Strike 3 Holdings may use the information only to protect or enforce the rights described in its complaint, and identifying information must remain sealed unless the court allows disclosure.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 73.189.197.199 · No. 3:25-cv-06472
- Thomas Hixson
- Aug. 25, 2025
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties held the conference normally required by Federal Rule of Civil Procedure 26(f). The subpoena was directed to the internet service provider, Comcast Cable Communications, LLC, and sought the true name and address of the defendant associated with the IP address listed in Exhibit A to the complaint.
Ruling
The court found that Strike 3 Holdings had shown good cause to serve the subpoena early and granted the ex parte motion. The court authorized a Rule 45 subpoena to Comcast and allowed Strike 3 Holdings to serve a similar subpoena on another internet service provider if Comcast’s response identifies one.
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). Comcast must serve the subscriber with copies of the subpoena and order within 30 days after service on Comcast. The subscriber and the provider each have 30 days after service to file a motion challenging, quashing, or modifying the subpoena. If no timely challenge is filed, the provider has 10 days to produce the responsive information.
Limits on Disclosure
The provider must preserve the subpoenaed information until it delivers the information to Strike 3 Holdings or a timely motion to quash is finally resolved. Strike 3 Holdings may use the information 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 seek permission to proceed anonymously or further discovery has occurred. References to the defendant’s identity must be redacted and filed under seal until further notice.
Disposition
Judge Thomas S. Hixson granted Strike 3 Holdings’ ex parte motion for leave to serve a third-party subpoena before a Rule 26(f) conference. The order authorized early discovery and did not decide the merits of the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.