Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 73.170.172.110
- Thomas Hixson
- 3:26-cv-08670
- 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, subject to notice and confidentiality protections.
Strike 3 Holdings, LLC, the unidentified defendant associated with the listed internet address, Comcast Cable Communications, LLC, and any other internet provider identified through the subpoena process.
What happened
Strike 3 Holdings, LLC asked to serve Comcast Cable Communications, LLC with a subpoena before the parties held the usual early case-management conference. The subpoena sought the true name and address of the person connected to the internet address listed in the complaint.
The court found that Strike 3 had shown good cause and allowed the subpoena. It also allowed subpoenas to other internet providers identified through the responses. Comcast must notify the subscriber, and the subscriber and provider may challenge the subpoena within 30 days.
Magistrate Judge Hixson ordered the provider to preserve the information and limited Strike 3’s use and public disclosure of it. The ruling concerns discovery needed to identify the defendant and does not decide the underlying claims.
The detailed version
- Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 73.170.172.110 · No. 3:26-cv-08670
- Thomas Hixson
- Sept. 14, 2026
Background
Strike 3 Holdings, LLC filed an application for permission to serve a third-party subpoena before the parties’ Federal Rule of Civil Procedure 26(f) conference. A Rule 26(f) conference is an early meeting about discovery and case management. Strike 3 sought information from Comcast Cable Communications, LLC, the internet service provider identified in the order, to learn the true name and address of the defendant associated with the internet address listed in Exhibit A to the complaint.
Ruling
The court found that Strike 3 had established good cause and granted permission to serve Comcast with a Rule 45 subpoena. A Rule 45 subpoena is a formal demand for information issued in connection with a federal case. Strike 3 may also serve the same type of subpoena on another internet provider identified in a response as providing internet service to the defendant.
Notice and Challenges
If Comcast qualifies as a cable operator under the cited federal statute, it must send the defendant a copy of the order. In all events, 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 the provider each have 30 days after service on that person or entity to file a motion challenging the subpoena, including a request to cancel or change it. If no timely challenge is filed, the provider has 10 days to produce the responsive information for that subscriber.
Information Protections
The provider must preserve the subpoenaed information until it gives the information to Strike 3 or a timely challenge is finally resolved. Strike 3 may use the disclosed information only to protect and enforce the rights described in its 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 further discovery has occurred. References to the defendant’s identity must remain redacted and filed under seal until further order.
The order addresses early discovery and identification of the defendant. It does not state or decide the merits of Strike 3’s underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.