Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.202.100.49
- Joseph Spero
- 3:20-cv-06902
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe subscriber, Judge Spero granted Strike 3’s request to subpoena Comcast for the subscriber’s name and address.
Strike 3 Holdings, LLC; the unidentified subscriber associated with IP address 71.202.100.49; Comcast Cable Communications; any other Internet service provider identified through the subpoenas; and subscribers whose identifying information is sought.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 71.202.100.49 and asked to learn the person’s identity through a subpoena to Comcast Cable Communications.
The court found good cause to allow the subpoena before the parties’ required early case-management meeting. It also allowed subpoenas to other internet providers identified in response, required notice to affected subscribers, and gave subscribers and providers 30 days to challenge a subpoena.
Judge Spero granted the application to serve the subpoena. The providers must preserve the requested information, and Strike 3 may use any information disclosed only to protect its rights under the Copyright Act; identifying information must be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.202.100.49 · No. 3:20-cv-06902
- Joseph Spero
- Dec. 22, 2020
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena seeks the true name and address of the defendant associated with Internet Protocol address 71.202.100.49. Strike 3 also requested an extension of time to complete service, but the supplied opinion text does not clearly show the court’s disposition of that request.
Ruling
The court found that Strike 3 had shown “good cause” to subpoena Comcast Cable Communications. The order allows Strike 3 to serve Comcast with a subpoena under Rule 45, which governs subpoenas issued to nonparties, and requires Strike 3 to attach a copy of the order.
The order also permits Strike 3 to subpoena any other Internet service provider identified in response as providing Internet service to the defendant. It treats the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551, subject to the statute’s notice requirement.
Notice and Challenges
Each Internet service provider has 30 days after receiving a subpoena to notify each affected subscriber by providing the subscriber with the subpoena and this order. Each subscriber and provider then has 30 days after service on that person or entity to file a motion contesting the subpoena, including a motion to quash or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information.
The providers must preserve the subpoenaed information while awaiting production or the final resolution of a timely motion to quash. Information disclosed in response may be used only to protect Strike 3’s rights under the Copyright Act. Any name or other personal identifying information of a current or proposed defendant, or another subscriber identified through the subpoena, must be filed under seal and not otherwise disclosed.
Disposition
Judge Joseph C. Spero granted Strike 3’s ex parte application to serve the subpoena and imposed the conditions described above. The supplied text also contains a continuation concerning a case-management date and an extension of time, but that portion is incomplete or unclear.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.