Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.210.6.48
- Cisneros
- 3:25-cv-07527
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe Subscriber, Judge Cisneros allowed a subpoena seeking the subscriber’s identity and set notice and challenge procedures.
Strike 3 Holdings, LLC may seek the identity and address of the defendant through subpoenas. Comcast Cable Communications, LLC and any other identified internet service provider must provide notice, preserve responsive information, and may produce it if no timely challenge is filed. The defendant and subscribers have 30 days to challenge the subpoena.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 98.210.6.48 and asked to subpoena Comcast Cable Communications, LLC before the parties’ required planning conference. The company said it had good cause to seek information identifying the subscriber.
The court allowed Strike 3 to serve the subpoena and, if necessary, similar subpoenas on other internet providers identified in response. The information could be used only to protect and enforce Strike 3’s rights in the complaint. Comcast must notify the subscriber and preserve the requested information.
Each subscriber and internet provider has 30 days after service to challenge the subpoena, including by asking the court to cancel or change it. The order was entered by United States Magistrate Judge Lisa J. Cisneros in Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.210.6.48.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.210.6.48 · No. 3:25-cv-07527
- Cisneros
- Sept. 24, 2025
Background
Strike 3 Holdings, LLC filed an ex parte application, meaning an application made without a prior hearing involving the opposing party, for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The requested subpoena was directed to Comcast Cable Communications, LLC, identified as the internet service provider, and sought the true name and address of the defendant assigned the IP address listed in the complaint.
Court’s 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, provided that Strike 3 attach a copy of the order. The court also authorized subpoenas to any other internet-service provider identified in a response as providing internet service to the defendant.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires it to comply with 47 U.S.C. § 551(c)(2)(B), which permits disclosure of personal identifying information under a court order when the subscriber is notified. Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served. Service may be by any reasonable method, including first-class mail or overnight delivery to the subscriber’s last known address.
Challenges, use, and confidentiality
Each subscriber and internet provider has 30 days after service to file a motion contesting the subpoena, including a motion to cancel or modify it. If a subscriber does not timely challenge the subpoena, the internet provider has 10 additional days to produce the responsive information. The provider must preserve the information until production or final resolution of a timely challenge.
The order limits Strike 3’s use of information obtained through the subpoena to protecting and enforcing its rights described in the complaint. 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. Judge Lisa J. Cisneros entered the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.