Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.170.24.245
- Cisneros
- 3:26-cv-08671
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe Subscriber Assigned IP Address 73.170.24.245, Judge Cisneros authorized early subpoena discovery to identify the defendant.
Strike 3 Holdings, LLC may seek the defendant’s identifying information from Comcast and potentially another internet service provider. The John Doe subscriber and any responding provider receive notice and may challenge, quash, or modify the subpoena; the provider must preserve the information and follow the order’s disclosure and confidentiality requirements.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.170.24.245, Strike 3 asked to serve Comcast Cable Communications, LLC before the parties’ required initial conference. Strike 3 sought the defendant’s name and address connected to the listed internet protocol address.
The court found good cause and allowed Strike 3 to serve a subpoena requiring Comcast to provide that identifying information. The order also allows subpoenas to other internet providers identified in Comcast’s response, limits use of the information to protecting and enforcing Strike 3’s rights in the complaint, and requires notice to the subscriber.
Subscribers and internet providers have 30 days after service to challenge, quash, or modify a subpoena. Judge Lisa Cisneros also ordered that identifying information be provisionally filed under seal and that Comcast preserve the information while any timely challenge is resolved.
The detailed version
- Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.170.24.245 · No. 3:26-cv-08671
- Cisneros
- Sept. 15, 2026
Background
Strike 3 Holdings, LLC filed an ex parte application seeking permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The requested subpoena was directed to Comcast Cable Communications, LLC, identified as the internet service provider, and sought the true name and address of the defendant associated with the internet protocol address listed in Exhibit A to the complaint.
Court’s order
The court found that Strike 3 had shown good cause to serve the subpoena. The order permits Strike 3 to serve Comcast with a Rule 45 subpoena requiring the requested identifying information, with a copy of the order attached. Strike 3 may also serve the same type of subpoena on another internet service provider identified in response to the first subpoena.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires it to follow 47 U.S.C. § 551(c)(2)(B), which permits disclosure of subscriber information under a court order when the subscriber is notified. Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served. The subscriber and the internet service provider each have 30 days after service to file a motion challenging, quashing, or modifying the subpoena. If no challenge is filed, the provider has an additional 10 days to produce the responsive information.
Other restrictions and disposition
The provider must preserve the subpoenaed information while awaiting production or resolution of a timely motion to quash. The defendant’s name and other identifying information must be provisionally filed under seal and not otherwise disclosed. After service, the court may require the defendant to ask for permission to continue proceeding anonymously.
Judge Lisa Cisneros entered the order authorizing the subpoena process. The order does not decide the underlying claims in Strike 3’s complaint.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.