Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.133.76.116
- Thomas Hixson
- 3:25-cv-10202
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Magistrate Judge Hixson allowed an early subpoena to identify the defendant from an internet address.
Strike 3 Holdings, LLC may seek the unnamed defendant’s identifying information from Comcast Cable Communications, LLC and potentially another internet service provider. The unnamed subscriber and the provider may challenge the subpoena, and the order restricts use and public disclosure of the identifying information.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena the internet service provider connected to the internet address assigned to the unnamed defendant, before the parties held the usual initial discovery conference.
The court found good cause and granted the request. Strike 3 may subpoena Comcast Cable Communications, LLC for the defendant’s true name and address, and may subpoena another identified internet provider if necessary. The order requires notice to the subscriber, gives the subscriber and provider 30 days to challenge the subpoena, and limits how the information may be used and disclosed.
Magistrate Judge Thomas S. Hixson issued the order on December 29, 2025. The order concerns early discovery and does not decide the underlying claims against the unnamed defendant.
The detailed version
- Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.133.76.116 · No. 3:25-cv-10202
- Thomas Hixson
- Dec. 29, 2025
Background
Strike 3 Holdings, LLC filed an ex parte application, meaning an application made without the usual initial participation of the opposing party, for permission to serve a third-party subpoena before a Rule 26(f) conference. The subpoena sought information from the internet service provider associated with the internet address identified in the complaint.
Ruling
The court found that Strike 3 had shown good cause to serve a subpoena on Comcast Cable Communications, LLC. The court granted the motion and authorized Strike 3 to serve a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address from the provider assigned the identified internet address. Strike 3 must attach the order to the subpoena.
The order also permits Strike 3 to serve the same type of subpoena on another service provider identified in response as providing internet services to the defendant. If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), it must send the subscriber a copy of the order as required by 47 U.S.C. § 551(c)(2)(B).
Notice and challenges
The provider must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on the provider. The subscriber and provider each have 30 days after service to file a motion challenging the subpoena, including a motion to cancel or change it. If no timely challenge is filed, the provider has 10 days to produce the responsive information. The provider must preserve the subpoenaed information while any timely challenge is pending or until the information is delivered to Strike 3.
Use and disclosure limits
Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in the complaint. It may not publicly disclose the information without the court’s permission, at least until the unnamed defendant has had an opportunity to ask to proceed anonymously or additional discovery has occurred. References to the defendant’s identity must be redacted and filed under seal until further order.
Magistrate Judge Thomas S. Hixson granted the ex parte motion for leave to serve the third-party subpoena before the Rule 26(f) conference. The order addressed discovery procedures and did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.