Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 75.52.89.208
- Virginia Demarchi
- 5:21-cv-00257
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi granted leave to subpoena AT&T U-verse for the subscriber’s identity in a copyright case.
Strike 3 Holdings may obtain limited identifying information from AT&T U-verse about the subscriber assigned IP address 75.52.89.208. AT&T U-verse must notify the subscriber if served and may object or seek a protective order; the subscriber’s identity is subject to the order’s use and disclosure restrictions.
What happened
Strike 3 Holdings, LLC asked to serve AT&T U-verse with a subpoena before the parties’ required initial conference, seeking the name and address of the subscriber assigned IP address 75.52.89.208.
The court found good cause for the early discovery. It concluded that Strike 3 had sufficiently identified a possible defendant, described efforts to locate that person, presented a claim that could survive a motion to dismiss, and showed a reasonable chance of identifying the subscriber through discovery. The court granted Strike 3’s application to serve the subpoena.
The order required AT&T U-verse to notify the subscriber and allowed AT&T U-verse to object or seek a protective order. Strike 3 could use the disclosed information only to protect and enforce its rights in the complaint and could not publicly disclose the subscriber’s identity without consent or court permission, Judge Virginia K. Demarchi ruled.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 75.52.89.208 · No. 5:21-cv-00257
- Virginia Demarchi
- Feb. 8, 2021
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena on AT&T U-verse before the parties’ Rule 26(f) conference. AT&T U-verse was identified as the internet service provider for the subscriber assigned IP address 75.52.89.208.
The court applied the good-cause standard for early discovery. It found that Strike 3 had shown: (1) enough information to identify a real person or entity who could potentially be sued in federal court; (2) prior efforts to locate the defendant; (3) a claim that could withstand a motion to dismiss; and (4) a reasonable likelihood that discovery would identify the defendant so service could occur. The court also noted Strike 3’s representation that it had satisfied the copyright-registration requirement under 17 U.S.C. § 411(a).
The order also recognized that merely alleging that someone subscribed to an internet protocol address associated with infringing activity would not be enough, by itself, to state a plausible copyright-infringement claim. But on the record before it, the court found that Strike 3 could use limited discovery to determine the defendant’s identity.
Ruling
The court granted Strike 3’s application. Strike 3 may serve AT&T U-verse with a Rule 45 subpoena requiring it to provide the subscriber’s true name and address, and Strike 3 must attach the order to the subpoena.
AT&T U-verse must serve the subscriber with copies of the subpoena and the order within 30 days after the subpoena is served on AT&T U-verse. It may provide notice by any reasonable means, including first-class mail or overnight service to the subscriber’s last known address.
Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. AT&T U-verse may object to the subpoena or seek a protective order. If AT&T U-verse provides the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court. Judge Virginia K. Demarchi signed the order on February 8, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.