Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.189.143.96
- Van Keulen
- 5:26-cv-07685
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Van Keulen granted permission to subpoena Comcast for the defendant’s identifying information.
Strike 3 Holdings, LLC, John Doe subscriber assigned IP address 73.189.143.96, and Comcast Cable.
What happened
In Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.189.143.96, Strike 3 asked to subpoena Comcast Cable before the parties’ required early case conference. Strike 3 sought the subscriber’s identity so it could identify the defendant.
The court allowed the subpoena to request only the subscriber’s actual name and address for a specified period around the alleged acts. Comcast must give the subscriber a copy of the subpoena and this order, preserve the information, and withhold identifying information until the response date or resolution of any challenge. The subscriber has 30 days after service to challenge the subpoena.
Judge Susan Van Keulen granted the application with conditions limiting use and disclosure of the information. Strike 3 must obtain further permission before subpoenaing another service provider, and the subscriber may ask to proceed anonymously.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.189.143.96 · No. 5:26-cv-07685
- Van Keulen
- Sept. 1, 2026
Background
Strike 3 Holdings, LLC applied without advance notice to the opposing party for permission to serve a third-party subpoena on Comcast Cable before the conference required by Federal Rule of Civil Procedure 26(f). Comcast is identified as the Internet service provider for John Doe. Strike 3 sought information to identify the defendant.
Ruling
The court found good cause and granted the application. The subpoena may request only the actual name and address of the subscriber to whom Comcast assigned IP address 73.189.143.96 during the period beginning 14 days before the first alleged act identified in Exhibit A to the complaint and ending 14 days after the last alleged act.
Conditions on the Subpoena and Disclosure
Strike 3 must attach a copy of the order to the subpoena and may use information disclosed by Comcast only to protect its rights described in the complaint. Comcast must serve the subscriber with copies of the subpoena and order within 14 days after Comcast is served. Comcast may not disclose identifying information to Strike 3 before the subpoena’s return date or before the court resolves any timely motion to quash or modify the subpoena.
John Doe has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it, in the court for the district where compliance is required. Comcast must preserve the subpoenaed information while any timely motion is pending.
If Comcast provides information to Strike 3, Strike 3 may not publicly disclose it until John Doe has had an opportunity to ask to proceed anonymously and the court has ruled on that request. If John Doe does not file that request within 30 days after the information is disclosed to Strike 3, the limited protective order will expire. Papers containing identifying information in such a request may be filed under seal while the court considers the request. Strike 3 must obtain additional permission before serving a subpoena on another service provider.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.