Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.34.225.112
- Kandis Westmore
- 4:20-cv-07482
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Westmore authorized subpoenas to identify the subscriber assigned IP address 99.34.225.112.
Strike 3 Holdings, LLC; the John Doe subscriber assigned IP address 99.34.225.112; AT&T U-verse; and any other internet service provider identified in response to the subpoena.
What happened
Strike 3 Holdings, LLC asked the Northern District of California for permission to subpoena an internet provider before the parties held their required initial conference. The request sought the name and address of the person assigned IP address 99.34.225.112.
The court authorized Strike 3 to subpoena AT&T U-verse for that information and to subpoena any other internet provider identified in response. Providers must notify affected subscribers, and subscribers and providers have 30 days to challenge a subpoena. If no challenge is filed, the provider has 10 days to disclose the requested information. The information may be used only to protect Strike 3’s rights under the Copyright Act, and identifying information must be filed under seal.
Judge Kandis A. Westmore issued the order on November 12, 2020.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.34.225.112 · No. 4:20-cv-07482
- Kandis Westmore
- Nov. 12, 2020
Background
Strike 3 Holdings, LLC filed an ex parte motion seeking leave to serve a third-party subpoena before the parties’ Rule 26(f) conference. The subpoena sought the true name and address of the defendant associated with IP address 99.34.225.112. The opinion states that the court found good cause to permit the subpoena to AT&T U-verse, identified as the initial internet service provider.
Order
The court authorized Strike 3 to serve AT&T U-verse 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 court also authorized subpoenas to any other internet service provider identified in response as providing internet services to the defendant.
The order treats the authorized subpoenas as court orders allowing disclosure under 47 U.S.C. § 551. Each provider has 30 days after service to give each affected subscriber a copy of the subpoena and this order. Each subscriber and provider has 30 days after service to file a motion contesting, quashing, or modifying the subpoena. 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.
Limits on Disclosure and Filing
Information produced in response to 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 any current or proposed defendant must be filed under seal, following the court’s local sealing procedure. Public versions must redact only the defendant’s name and other personally identifying information.
Disposition
The order authorizes the requested pre-conference subpoenas subject to the notice, challenge, preservation, use, and sealing requirements described above. Judge Kandis A. Westmore signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.