Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.126.223.12
- 3:26-cv-08667
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, the court allowed discovery from Comcast to identify the defendant; Judge not named.
Strike 3 Holdings, LLC, the unidentified defendant associated with IP address 76.126.223.12, Comcast Cable Communications, LLC, and any other internet service provider identified in response to a subpoena.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.126.223.12, Strike 3 Holdings asked for permission to subpoena Comcast before the parties’ required scheduling conference.
The court found good cause and allowed Strike 3 Holdings to subpoena Comcast, and potentially other identified internet providers, for the defendant’s name and address. The order also limited use of the information, required notice to the subscriber, and allowed challenges to the subpoena.
The court ordered the provider to preserve the information and said the defendant’s identifying information must be filed temporarily under seal. The opinion is signed by a United States Magistrate Judge whose name is not legible in the provided text.
The detailed version
- Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.126.223.12 · No. 3:26-cv-08667
- Sept. 15, 2026
Background
Strike 3 Holdings, LLC filed an ex parte application seeking permission to serve a third-party subpoena before the required Rule 26(f) conference. The proposed subpoena was directed to Comcast Cable Communications, LLC, identified as the internet service provider.
Ruling
The court found that Strike 3 Holdings had shown good cause to serve the subpoena. The order allows Strike 3 Holdings to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking the true name and address of the defendant associated with the internet protocol address listed in Exhibit A to the complaint.
The order also allows Strike 3 Holdings to serve the same type of subpoena on another internet service provider identified through a subpoena response as providing internet services to the defendant. Any information obtained may be used only to protect and enforce the rights described in the complaint.
Notice and challenges
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with 47 U.S.C. § 551(c)(2)(B) by sending the defendant a copy of the order. Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served. Each subscriber and the internet service provider has 30 days after service to challenge the subpoena, including by asking the court to cancel or modify it. If no subscriber timely challenges the subpoena, the provider has 10 additional days to produce the responsive information.
The provider must preserve the subpoenaed information until producing it to Strike 3 Holdings or until the court finally resolves a timely challenge. The defendant’s name and other identifying information must be filed temporarily under seal and not otherwise disclosed. After service on the defendant, the court may require the defendant to seek permission to proceed anonymously. The order states, “IT IS SO ORDERED.” The signature identifies the judge as a United States Magistrate Judge, but the judge’s name is not legible in the provided text.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.