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N.D. Cal.Procedural orderFiled Mar. 6, 2026

Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 67.169.19.250

Judge
Virginia Demarchi
Docket
5:26-cv-01474
Court
U.S. District Court · Northern District of California
Pages
3
Counsel1 of record
PLAINTIFF
Lincoln Dee Bandlow — Law Offices of Lincoln Bandlow, PC

Counsel of record per CourtListener. Firm names are approximate.

DiscoveryCivil ProcedureIntellectual Property
In one sentence

In Strike 3 Holdings v. John Doe, Judge DeMarchi granted leave to subpoena Comcast for the subscriber’s name and address.

Who this affects

Strike 3 Holdings, LLC may subpoena Comcast for the name and address of the subscriber assigned the specified internet protocol address. Comcast must notify the subscriber and may object or seek a protective order. The subscriber’s identity is protected from public disclosure absent consent or court permission.

What happened

Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 67.169.19.250 concerns Strike 3’s request to identify the subscriber linked to an internet protocol address. Strike 3 asked to serve Comcast Cable with a subpoena before the parties’ required initial conference.

The court found good cause for early discovery. It said Strike 3 had sufficiently identified a potentially suable defendant, described efforts to locate that defendant, presented a claim that could withstand a dismissal motion at this stage, and showed a reasonable likelihood that Comcast could identify the subscriber.

Judge Virginia K. DeMarchi granted Strike 3’s motion for leave to serve the subpoena. Comcast must notify the subscriber, may object or seek a protective order, and may provide the information only subject to limits on Strike 3’s use and public disclosure.

The detailed version

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

Case
Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 67.169.19.250 · No. 5:26-cv-01474
Judge
Virginia Demarchi
Date
Mar. 6, 2026

Background

Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable before the parties held the conference required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider for the subscriber assigned internet protocol address 67.169.19.250.

Court’s Analysis

The court found good cause for early discovery. It concluded that Strike 3 had shown that:

  1. The defendant was identified specifically enough for the court to determine that the defendant was a real person or entity who could be sued in federal court.
  2. Strike 3 had identified steps it previously took to locate the defendant.
  3. Strike 3’s action could withstand a motion to dismiss at this stage.
  4. There was a reasonable likelihood that discovery would identify the defendant so that service of process would be possible.

The court also noted that Strike 3 had indicated it satisfied the copyright-registration requirements for bringing an infringement lawsuit. The court cautioned that, after learning the defendant’s identity, Strike 3 could not rely only on an allegation that the defendant was the subscriber assigned to an internet protocol address associated with infringing activity to state a plausible claim for direct or contributory copyright infringement. On the record before it, however, the court determined that Strike 3 could use limited discovery to identify the defendant.

Order

Judge Virginia K. DeMarchi granted Strike 3’s application and ordered the following:

- Strike 3 may serve Comcast with a Rule 45 subpoena seeking the true name and address of the subscriber assigned internet protocol address 67.169.19.250. Strike 3 must attach the order to the subpoena. - Comcast must serve the subscriber with copies of the subpoena and the order within 30 days after the subpoena is served on Comcast. Comcast may use reasonable methods, including first-class mail or overnight service to the subscriber’s last known address. - Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. - Comcast may object to the subpoena and may seek a protective order. - If Comcast provides the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court.

The order is a discovery ruling allowing Strike 3 to seek the identity of the unknown defendant; it does not decide whether copyright infringement occurred.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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