Strike 3 Holdings v. John Doe subscriber assigned IP address 107.219.196.95
- Haywood Gilliam
- 4:21-cv-00297
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Gilliam allowed subpoenas seeking the subscriber’s identity from internet providers before the normal discovery conference.
Strike 3 Holdings, LLC, the John Doe subscriber associated with IP address 107.219.196.95, AT&T U-verse, and any other internet service provider identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC asked the court for permission to seek information identifying the subscriber assigned IP address 107.219.196.95 before the parties held their required discovery conference.
The court granted the request. It allowed subpoenas to AT&T U-verse and any other identified internet provider for the defendant’s name and address, while giving the subscriber and provider 30 days to challenge a subpoena.
Judge Haywood S. Gilliam, Jr. also required the providers to preserve the information, limited its use to protecting Strike 3 Holdings’ rights, and ordered identifying information filed under seal.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 107.219.196.95 · No. 4:21-cv-00297
- Haywood Gilliam
- Feb. 4, 2021
Background
Strike 3 Holdings, LLC applied without advance notice to the opposing party for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. A Rule 26(f) conference is the meeting in which parties ordinarily discuss discovery and case management. The proposed subpoena sought the true name and address of the defendant associated with the IP address listed in the complaint.
Court’s ruling
The court found that Strike 3 Holdings had shown good cause to serve a subpoena on AT&T U-verse, identified as the internet service provider. The court granted permission to serve a Rule 45 subpoena requiring AT&T U-verse to provide the defendant’s true name and address. The subpoena must include a copy of the order.
The court also authorized Strike 3 Holdings to serve the same type of subpoena on any other internet service provider identified in response to a subpoena as providing internet service to one of the defendants.
Notice and challenges
The order authorized disclosure under 47 U.S.C. § 551, provided that the subscriber is notified. Each provider has 30 days after being served to notify each subscriber whose information is sought by providing copies of the subpoena and this order. The subscriber or provider 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 to Strike 3 Holdings.
Each provider must preserve the subpoenaed information until it delivers the information to Strike 3 Holdings or the court finally resolves a timely motion to quash. Strike 3 Holdings may use information disclosed in response to a subpoena only to protect its rights. Any name or other personal identifying information of a current or proposed defendant must be filed under seal and not otherwise disclosed.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.