Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 73.241.199.134
- 3:25-cv-06497
- U.S. District Court · Northern District of California
- 3
Strike 3 Holdings v. John Doe Subscriber: the court allowed a subpoena seeking the subscriber’s identity before discovery formally began.
Strike 3 Holdings may seek the defendant’s identifying information from Comcast and potentially another internet service provider. The unidentified subscriber may receive notice and may challenge the subpoena within 30 days. Comcast must preserve the information and comply with the order’s notice and production requirements.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.241.199.134, Strike 3 asked to serve a subpoena on Comcast Cable Communications, LLC before the parties held their required early case-management conference. The court found good cause for the request.
The court allowed Strike 3 to subpoena Comcast for the defendant’s true name and address and, if identified, to subpoena another internet provider. The information may be used only to protect and enforce Strike 3’s rights in the complaint. Comcast must notify the subscriber, and the subscriber and Comcast may challenge the subpoena within 30 days.
The court also required the provider to preserve the information and provisionally file identifying information under seal. The opinion’s judge signature is not readable in the provided text; the court issued the order on October 31, 2025.
The detailed version
- Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 73.241.199.134 · No. 3:25-cv-06497
- Oct. 31, 2025
Background
Strike 3 Holdings, LLC filed an ex parte application—an application made without the other side being present—for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. The proposed subpoena was directed to Comcast Cable Communications, LLC, the internet service provider associated with the internet protocol address identified in the complaint.
Ruling
The court found that Strike 3 had shown good cause to serve the subpoena. It allowed Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.
The court also allowed Strike 3 to serve a similar Rule 45 subpoena on any service provider identified in response to a subpoena as providing internet services to the defendant. Strike 3 may use information obtained through the subpoena only to protect and enforce the rights stated in its complaint.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), it must 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 this order within 30 days after the subpoena is served. It may provide notice by any reasonable means, including first-class mail or overnight service to the subscriber’s last known address.
Challenges and preservation
The subscriber and Comcast each have 30 days after service on them to file a motion contesting the subpoena, including a motion to quash or modify it. If no subscriber files a timely challenge, Comcast has 10 additional days to produce the responsive information. Comcast must preserve the subpoenaed information until it produces the information or any timely motion to quash is finally resolved.
Confidentiality
The defendant’s name and other identifying information must be provisionally filed under seal and otherwise kept undisclosed. After the defendant is served, the court may require the defendant to seek permission to proceed anonymously.
Disposition
The court granted Strike 3’s application for leave to serve the third-party subpoena, subject to the conditions in the order. The order did not decide whether Strike 3 will prevail on the claims in its complaint. The judge’s signature is not readable in the provided opinion text.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.