Strike 3 Holdings v. John Doe subscriber assigned IP address 67.169.103.145
- Kandis Westmore
- 4:20-cv-05221
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Magistrate Judge Westmore authorized early subpoenas seeking the subscriber’s name and address from Comcast and other identified providers.
Strike 3 Holdings, LLC, the John Doe subscriber associated with IP address 67.169.103.145, Comcast Cable Communications, LLC, and any other identified internet service providers.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 67.169.103.145, Strike 3 asked to subpoena Comcast before the parties’ required initial conference. The court found good cause to allow that early discovery.
The subpoenas may seek only the subscriber’s true name and address and may also be served on later-identified internet providers. The providers must notify affected subscribers, who may challenge the subpoenas within 30 days.
Magistrate Judge Kandis Westmore also required the providers to preserve the information, limited its use to protecting Strike 3’s rights under the Copyright Act, and required filings containing identifying information to be sealed.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 67.169.103.145 · No. 4:20-cv-05221
- Kandis Westmore
- Sept. 3, 2020
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The subpoena process is directed first to Comcast Cable Communications, LLC, identified as the initial internet service provider, to determine the true name and address of the defendant associated with IP address 67.169.103.145.
Court’s ruling
The court found that Strike 3 had shown good cause for early discovery. It authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking only the defendant’s true name and address. Strike 3 must attach the order to the subpoena.
The order also permits Strike 3 to serve the same type of subpoena on any other internet service provider identified in response to a subpoena as providing internet service to the defendant.
Notice and challenges
Each provider has 30 days after being served to give the affected subscriber a copy of the subpoena and the order. The subscriber and the provider each have 30 days after service to file a motion challenging the subpoena, including a motion to quash or modify it. If the subscriber does not challenge the subpoena within that period, the provider has 10 additional days to produce the responsive information.
Other requirements
Each provider must preserve the subpoenaed information until it delivers the information to Strike 3 or until a timely motion to quash is finally resolved. Information disclosed under the subpoenas may be used only to protect Strike 3’s rights under the Copyright Act. Documents containing the name or other personally identifying information of a current or proposed defendant must be filed under seal, following the court’s local filing procedure.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.