Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.6.211.132
- Joseph Spero
- 3:19-cv-04233
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Spero granted an application allowing subpoenas to identify the subscriber linked to an IP address.
Strike 3 Holdings, LLC may seek identifying information from Comcast Cable and other identified internet service providers. The John Doe subscriber and any other affected subscribers may challenge the subpoenas within 30 days, while the providers must give notice, preserve information, and protect identifying information as ordered.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast Cable before the parties held their required initial conference about the case. The subpoena sought the true name and address of the person assigned the IP address 24.6.211.132.
The court found good cause and allowed Strike 3 Holdings to serve Comcast and, if identified, other internet providers with subpoenas. The providers must notify affected subscribers, who then have 30 days to challenge the subpoena. Any disclosed information may be used only to protect Strike 3 Holdings’ rights under the Copyright Act, and identifying information must be filed under seal.
Judge Spero granted Strike 3 Holdings’ application to serve the subpoena. The order did not decide whether the John Doe subscriber infringed copyright or otherwise resolve the underlying claims.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.6.211.132 · No. 3:19-cv-04233
- Joseph Spero
- Oct. 22, 2019
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena on Comcast Cable before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The subpoena sought the true name and address of the defendant associated with IP address 24.6.211.132.
Court’s analysis and order
The court found that Strike 3 Holdings had established “good cause” to serve the subpoena before the Rule 26(f) conference. It authorized Strike 3 Holdings to serve Comcast with a subpoena under Rule 45 requiring Comcast to provide the defendant’s name and address. The subpoena must include a copy of the order.
The court also authorized subpoenas to any other internet service provider identified in response to a subpoena as providing internet service to the defendant. The order treated the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551.
Each provider must notify each subscriber whose information is sought by serving the subscriber with copies of the subpoena and this order within 30 days after service on the provider. 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 challenge, 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. Strike 3 Holdings may use information produced under the subpoenas only to protect its rights under the Copyright Act. Names and other identifying information concerning any current or proposed defendant or other subscriber must be filed under seal and not otherwise disclosed.
Disposition
Judge Joseph C. Spero granted Strike 3 Holdings’ ex parte application to serve the subpoena. This order concerned discovery and identification of the defendant; it did not decide the merits of any copyright claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.