Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 107.137.64.74
- Kandis Westmore
- 4:21-cv-00296
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Westmore authorized subpoenas to identify the internet subscriber linked to the listed IP address.
Strike 3 Holdings, LLC; John Doe, the defendant associated with IP address 107.137.64.74; AT&T U-verse; any other identified internet service provider; and subscribers whose identifying information is sought.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by the internet address 107.137.64.74, and asked to subpoena the internet provider before the usual early case-management conference. The court found that Strike 3 had shown good cause for that request.
The court authorized Strike 3 to subpoena AT&T U-verse for only the defendant’s true name and address. It also authorized subpoenas to other internet providers identified through that process. Providers must notify affected subscribers, and subscribers and providers may challenge the subpoenas within 30 days. If no challenge is filed, the provider must produce the information within 10 days.
Judge Kandis Westmore also ordered the providers to preserve the information, limited its use to protecting Strike 3’s rights under the Copyright Act, and required documents containing identifying information to be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 107.137.64.74 · No. 4:21-cv-00296
- Kandis Westmore
- Feb. 5, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference ordinarily required by Federal Rule of Civil Procedure 26(f). The subpoena sought information about the defendant identified in the case by IP address 107.137.64.74.
Court’s ruling
The court found that Strike 3 had established good cause to subpoena AT&T U-verse, identified as the initial internet service provider. The court authorized Strike 3 to serve a Rule 45 subpoena seeking only the defendant’s true name and address. Strike 3 must attach the court’s order to the subpoena.
The court also authorized Strike 3 to serve the same type of subpoena on any other internet service provider identified in response as providing internet services to the defendant.
Notice and challenges
Each provider has 30 days after service of the subpoena to provide the affected subscriber with copies of the subpoena and the order. Each subscriber and provider then has 30 days after service to file a motion challenging the subpoena, including a motion to cancel or change it. If the 30-day period passes without a challenge, the provider has 10 days to produce the requested information for that subscriber.
Other restrictions
The providers must preserve the subpoenaed information while awaiting production or final resolution of a timely challenge. Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act. Documents containing the name or other 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.