Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 68.78.200.245
- Alex Tse
- 3:20-cv-07474
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Tse allowed an early subpoena to identify the defendant behind an Internet address.
Strike 3 Holdings may seek John Doe’s name and address from AT&T Internet Services, and potentially another identified Internet provider. The provider must follow the order’s notice and disclosure conditions, and any identity information disclosed must remain confidential.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by the Internet address 68.78.200.245, and asked to contact the Internet provider before the parties held their required early case conference.
The court found good cause and allowed Strike 3 Holdings to serve AT&T Internet Services with a subpoena seeking the defendant’s true name and address. The company may also subpoena another Internet provider identified in response. Any information disclosed must be kept confidential and used only to protect and enforce the rights described in the complaint.
Judge Alex Tse’s order also required notice to the defendant if the provider qualifies as a cable operator under federal law. The order granted the requested early subpoena subject to these conditions.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 68.78.200.245 · No. 3:20-cv-07474
- Alex Tse
- Jan. 12, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The defendant is identified in the caption as John Doe subscriber assigned IP address 68.78.200.245.
Ruling
The court found that Strike 3 Holdings had established “good cause” to serve AT&T Internet Services with a subpoena under Federal Rule of Civil Procedure 45. The subpoena may require AT&T to provide the defendant’s true name and address. Strike 3 Holdings must attach a copy of the order to the subpoena.
The order also allows Strike 3 Holdings to serve a similar Rule 45 subpoena on another Internet service provider identified in response to a subpoena as providing Internet service to one of the defendants.
If AT&T qualifies as a “cable operator” under 47 U.S.C. § 522(5), it must comply with 47 U.S.C. § 551(c)(2)(B), which permits disclosure of personal identifying information under a court order when the subscriber is notified of the order by the person to whom it is directed. The order requires the plaintiff to send a copy of the order to the defendant for that purpose.
Any information disclosed about the defendant’s identity must be treated as confidential. Strike 3 Holdings may use information obtained through the subpoena only to protect and enforce the rights described in its complaint.
Disposition
Judge Alex Tse authorized the early third-party subpoena, subject to the notice, confidentiality, and use restrictions stated in the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.