Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.241.44.162
- Thomas Hixson
- 3:25-cv-08477
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson allowed a subpoena to Comcast before a Rule 26(f) conference to identify the subscriber.
Strike 3 Holdings, LLC may seek identifying information from Comcast Cable Communications, LLC and any other identified internet service provider. The John Doe subscriber may receive notice and may challenge the subpoena.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 73.241.44.162 and asked to subpoena the internet service provider before the parties held a required discovery-planning conference. The subpoena seeks the defendant’s true name and address.
The court found good cause to allow the early subpoena. It authorized Strike 3 to subpoena Comcast Cable Communications, LLC and any other internet service provider identified in response, subject to notice and an opportunity to challenge the subpoena.
Judge Thomas S. Hixson granted the motion. The order requires preservation of the information and limits its use and public disclosure; identifying information must be filed under seal until further notice.
The detailed version
- Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.241.44.162 · No. 3:25-cv-08477
- Thomas Hixson
- Oct. 17, 2025
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held a Rule 26(f) conference, which is the conference where parties generally discuss the case and discovery. The subpoena is directed to Comcast Cable Communications, LLC, identified as the internet service provider, and seeks the true name and address of the defendant associated with the IP address listed in Exhibit A to the complaint.
Court’s Analysis
The court found that Strike 3 had shown “good cause” to serve the subpoena before the Rule 26(f) conference. The order also allows Strike 3 to serve a similar subpoena on any other internet service provider identified in response to a subpoena as providing internet services to the defendant.
Ruling and Conditions
Judge Thomas S. Hixson granted the ex parte motion for leave to serve a third-party subpoena before a Rule 26(f) conference. Strike 3 must attach the order to the subpoena. If Comcast qualifies as a cable operator under the cited federal statute, it must send the defendant a copy of the order. Comcast must serve the subscriber with copies of the subpoena and order within 30 days after being served.
The subscriber and the internet service provider each have 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. The provider must preserve the subpoenaed information while awaiting production or resolution of a timely challenge.
Strike 3 may use the information only to protect and enforce the rights described in the complaint. It may not publicly disclose the information without court 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 notice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.