Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 73.202.180.154
- IS WESTMORE
- 4:26-cv-08668
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge IS A. WESTMORE allowed subpoenas seeking the defendant’s identity from internet providers.
Strike 3 Holdings, LLC may seek the defendant’s true name and address from Comcast Cable and other identified internet service providers. The defendant and any affected subscribers may contest the subpoenas within 30 days, and the providers must give notice, preserve the information, and comply with the order’s limits.
What happened
Strike 3 Holdings, LLC asked in Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.202.180.154 for permission to subpoena internet providers before the parties’ required early conference. It said it needed the true name and address of the person assigned the listed internet address.
The court allowed Strike 3 to subpoena Comcast Cable and any later-identified internet service provider for the defendant’s true name and address. The providers must notify affected subscribers, who may challenge the subpoenas within 30 days. If no challenge is filed, a provider must produce the information within 10 days.
The court also required providers to preserve the information, limited its use to protecting Strike 3’s copyright rights, and required filings containing identifying information to be sealed. Judge IS A. WESTMORE issued the order on September 14, 2026.
The detailed version
- Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 73.202.180.154 · No. 4:26-cv-08668
- IS A. WESTMORE
- Sept. 14, 2026
Background
Strike 3 Holdings, LLC filed an ex parte motion—meaning a motion considered without the opposing party participating at that stage—for permission to serve a subpoena before the parties’ Rule 26(f) conference. The requested discovery concerns the person assigned internet protocol address 73.202.180.154. The opinion identifies the initial internet service provider as Comcast Cable.
Ruling
The court found that Strike 3 had shown good cause to serve the subpoena. It allowed Strike 3 to serve Comcast Cable with a subpoena under Rule 45 seeking only the defendant’s true name and address. Strike 3 must attach the order to the subpoena.
The court also allowed Strike 3 to serve the same type of subpoena on any service provider identified in response to a subpoena as providing internet service to the defendant. The order authorizes the disclosures under 47 U.S.C. § 551, which permits a cable operator to disclose personally identifying information when a court order authorizes the disclosure and the subscriber receives notice.
Notice and challenges
Each provider has 30 days after being served to notify each affected subscriber by providing a copy of the subpoena and the order. Each subscriber and provider then 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 challenge, the provider has 10 days to produce the responsive information.
Providers must preserve the subpoenaed information while it is being delivered or while a timely challenge is being finally resolved. Information produced under the subpoenas 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 identifying information must be filed under seal, following Civil Local Rule 79-5. Judge IS A. WESTMORE issued the order dated September 14, 2026.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.