Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 174.62.127.128
- Virginia Demarchi
- 5:26-cv-08682
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Magistrate Judge DeMarchi granted leave to subpoena Comcast for the subscriber’s identity.
Strike 3 may seek the identity and address of the subscriber assigned IP address 174.62.127.128 from Comcast. The subscriber will receive notice and may be affected by the disclosure, while Comcast may object or seek a protective order.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 174.62.127.128, Strike 3 asked to serve Comcast with a subpoena before the parties’ required early case-management conference. Strike 3 sought the name and address of the subscriber assigned to the listed internet-protocol address.
The court found good cause for early discovery. It concluded that Strike 3 had sufficiently identified a potentially suable defendant, described efforts to locate that person, presented a claim that could survive an initial dismissal motion, and showed a reasonable chance that Comcast’s records would identify the defendant. The court also noted that merely being the subscriber assigned an internet address would not, by itself, establish copyright infringement.
Magistrate Judge Virginia K. DeMarchi granted Strike 3’s request. Strike 3 may subpoena Comcast for the subscriber’s name and address, subject to notice to the subscriber, possible objections and a protective-order request by Comcast, and limits on using or publicly disclosing the information.
The detailed version
- Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 174.62.127.128 · No. 5:26-cv-08682
- Virginia Demarchi
- Sept. 14, 2026
Background
Strike 3 Holdings, LLC asked for permission to serve Comcast Cable, the internet service provider associated with the listed subscriber, with a third-party subpoena before the parties’ Rule 26(f) conference. The subpoena seeks the true name and address of the subscriber to whom Comcast assigned IP address 174.62.127.128.
Court’s Analysis
The court found good cause for the early discovery. It determined that Strike 3 had: identified the defendant with enough specificity for the court to determine that the defendant was a real person or entity who could be sued in federal court; described prior efforts to locate the defendant; shown that its action could withstand a motion to dismiss; and shown a reasonable likelihood that discovery would identify the defendant so service could be completed.
The court also noted that Strike 3 had satisfied the copyright-registration requirement for starting a copyright-infringement lawsuit. But 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 associated with an internet-protocol address linked to infringing activity to plead direct or contributory copyright infringement. At this stage, the court found that limited discovery to identify the defendant was proper.
The opinion notes a discrepancy between two declarations submitted in support of the request: Patrick Paige’s declaration says he read Jorge Arco’s declaration, but Paige’s declaration predates Arco’s declaration by several days. The court stated that Arco’s declaration appeared virtually identical to other submissions.
Ruling
Magistrate Judge Virginia K. DeMarchi granted Strike 3’s application and ordered the following:
- Strike 3 may serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 requiring Comcast to provide the subscriber’s true name and address. 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 obtained through 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 identifying information, Strike 3 may not publicly disclose it without the subscriber’s consent or permission from the court.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.