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N.D. Cal.Procedural orderFiled Dec. 29, 2025

Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 71.204.145.189

Judge
Thomas Hixson
Docket
3:25-cv-10205
Court
U.S. District Court · Northern District of California
Pages
2
DiscoveryCivil Procedure
In one sentence

In Strike 3 Holdings v. John Doe, Magistrate Judge Hixson authorized an early subpoena to identify the defendant through an internet provider.

Who this affects

Strike 3 Holdings, LLC may seek identifying information from Comcast and other identified internet service providers. The subscriber and any affected provider may challenge the subpoena within the stated deadlines, and the subscriber’s identifying information is subject to use and sealing restrictions.

What happened

In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 71.204.145.189, Strike 3 asked to subpoena Comcast Cable Communications, LLC before the parties’ required early case-management conference. The defendant was identified in the case by an internet address.

The court found good cause and allowed Strike 3 to seek the defendant’s true name and address from Comcast. The order also permits subpoenas to other internet providers identified through the process. Comcast must notify the subscriber, who may challenge the subpoena within 30 days.

Magistrate Judge Thomas S. Hixson also required the provider to preserve the information and limited Strike 3’s use and public disclosure of it. The order granted Strike 3’s motion for early third-party discovery; it did not decide the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 71.204.145.189 · No. 3:25-cv-10205
Judge
Thomas Hixson
Date
Dec. 29, 2025

Background

Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference generally required at the beginning of a federal civil case. The subpoena seeks the true name and address of the defendant associated with the internet address listed in the complaint.

Court’s Analysis

The court found that Strike 3 had shown “good cause” to serve a subpoena on Comcast Cable Communications, LLC, the internet service provider identified in the order. The court relied on decisions from the Northern District of California concerning similar requests.

Order

The court granted Strike 3 permission to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. Strike 3 must attach a copy of the order. Strike 3 may also serve a similar subpoena on another internet service provider identified in Comcast’s response.

If Comcast qualifies as a cable operator under the cited federal law, it must send the subscriber a copy of the order. Comcast must serve the subscriber with the subpoena and order within 30 days after being served. The subscriber and Comcast each have 30 days after service to file a motion challenging the subpoena, including a motion to cancel or modify it. If no timely challenge is filed, Comcast has 10 days to provide the responsive information to Strike 3.

Comcast 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 the court’s permission, at least until the 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.

Disposition

Magistrate Judge Thomas S. Hixson granted the motion for permission to serve a third-party subpoena before the required conference. This order addressed early discovery and did not decide the merits of the underlying claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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