Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.15.123.29

Background

Strike 3 Holdings, LLC filed an ex parte application for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The subpoena concerns John Doe Subscriber Assigned IP Address 73.15.123.29 and seeks information that could identify the subscriber.

Court’s ruling

The court found that Strike 3 had established good cause to serve a subpoena on Comcast Cable Communications, LLC. The court authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 commanding Comcast to provide the defendant’s true name and address. A copy of the order must accompany the subpoena.

The court also authorized Strike 3 to serve the same type of subpoena on any service provider identified in response to a subpoena as providing internet services to the defendant. The order refers to Comcast and those providers collectively as the internet service providers.

Notice and challenges

The order treats the authorized subpoenas as court orders under 47 U.S.C. § 551. Each provider has 30 days after being served to give each affected subscriber a copy of the subpoena and the order, using any reasonable method, including first-class mail or overnight service to the subscriber’s last known address.

Each subscriber and provider then has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a challenge, the provider has 10 days to produce the responsive information concerning that subscriber. Providers must preserve the subpoenaed information while awaiting production or the final resolution of a timely motion to quash.

Limits on disclosed information

Information produced in response to a subpoena may be used only to protect Strike 3’s rights under the Copyright Act. The order also requires information concerning any current or proposed defendant to be filed under seal in court filings and not otherwise disclosed.

Judge Joseph C. Spero entered the order on September 26, 2025. The order addresses early discovery and identification of the subscriber; it does not decide the underlying copyright dispute.