Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.189.92.42
- Cisneros
- 3:25-cv-07500
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Cisneros allowed a subpoena seeking the subscriber’s identifying information.
Strike 3 Holdings, LLC, the unidentified defendant assigned IP address 73.189.92.42, Comcast Cable, and any other internet service provider identified in response to the subpoena.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.189.92.42, Strike 3 asked to subpoena Comcast before the parties’ required initial conference. The subpoena would seek the name and address of the person assigned the listed internet protocol address.
The court found good cause and allowed Strike 3 to serve Comcast with the subpoena. The order also permits subpoenas to other internet providers identified through Comcast’s response. The provider must notify the subscriber, and the subscriber or provider may challenge the subpoena within 30 days.
The order limits use of the information to protecting and enforcing Strike 3’s rights in this case, requires preservation of the information, and provides for provisional sealing of identifying information. Judge Lisa J. Cisneros issued the order on September 24, 2025.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.189.92.42 · No. 3:25-cv-07500
- Cisneros
- Sept. 24, 2025
Background
Strike 3 Holdings, LLC filed an ex parte application, meaning a request for court action at this stage without a Rule 26(f) conference, for permission to serve a third-party subpoena. The requested subpoena targeted Comcast Cable, identified as the internet service provider, and sought the true name and address of the defendant associated with the internet protocol address listed in Exhibit A to the complaint.
Ruling
The court found that Strike 3 had shown good cause to serve the subpoena. It authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 and a copy of the order. It also authorized Strike 3 to serve the same type of subpoena on any other internet service provider identified in Comcast’s response as providing internet services to the defendant.
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.
Subscriber Notice and Challenges
The provider must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served. Each subscriber and 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. The provider must preserve the subpoenaed information while production or any timely challenge remains unresolved.
Confidentiality and Effect
Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights asserted in its complaint. The defendant’s name and other identifying information must be provisionally filed under seal and not otherwise disclosed. After service on the defendant, the court may require the defendant to seek permission to proceed anonymously.
Judge Lisa J. Cisneros ordered these procedures on September 24, 2025. The order addressed discovery and identification of the unknown defendant; it did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.