Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.15.238.127
- Kandis Westmore
- 4:26-cv-08665
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe Subscriber, Judge Westmore authorized subpoenas to identify the subscriber assigned the listed Internet address.
Strike 3 Holdings, LLC; the unidentified subscriber assigned Internet Protocol address 73.15.238.127; Comcast Cable; and any other Internet service providers identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast Cable and other Internet providers before the usual discovery conference. The requested information was the name and address of the person assigned Internet Protocol address 73.15.238.127.
The court found good cause and authorized subpoenas seeking only that identifying information. Providers must notify affected subscribers, who may challenge the subpoenas within 30 days; if no challenge is filed, the provider must produce the information within 10 additional days. The order also requires preservation of the information and limits its use to protecting Strike 3’s rights under the Copyright Act.
Magistrate Judge Westmore also required documents containing identifying information to be filed under seal. The order authorizes early third-party discovery but does not decide the underlying copyright dispute.
The detailed version
- Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.15.238.127 · No. 4:26-cv-08665
- Kandis Westmore
- Sept. 14, 2026
Background
Strike 3 Holdings, LLC filed an ex parte motion—meaning a motion considered without prior participation by the opposing party—for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. The subpoena sought information from Comcast Cable, identified as the initial Internet service provider, about the subscriber assigned Internet Protocol address 73.15.238.127.
Court’s action
The court found that Strike 3 had shown good cause to serve the subpoena. It authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking only the defendant’s true name and address. Strike 3 must attach the order to the subpoena.
The court also authorized subpoenas to any additional Internet service provider identified in response as having provided Internet service to the defendant. The order states that the authorized subpoenas qualify as court orders permitting disclosure under 47 U.S.C. § 551, provided that the subscriber receives notice.
Notice and challenges
Each provider has 30 days after service to notify each subscriber whose identifying information is sought by providing copies of the subpoena and order. Each subscriber and provider has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a subscriber contesting the subpoena, the provider has 10 days to produce the responsive information.
Providers must preserve the subpoenaed information while awaiting production or resolution of a timely motion to quash. Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act. Documents containing a current or proposed defendant’s name or other personally identifying information must be filed under seal, following the court’s local procedures; public redacted filings should remove only that identifying information.
Disposition and effect
The order authorizes Strike 3’s requested early subpoenas and establishes notice, challenge, preservation, use, and sealing conditions. It does not decide whether the defendant infringed copyright or resolve the underlying claims. The opinion identifies the judge in the signature block as “NDIS A. WESTMORE”; the first name is not clear in the provided text.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.