Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 104.50.7.2
- Joseph Spero
- 3:20-cv-09461
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Spero granted permission to subpoena internet providers for the subscriber’s name and address.
Strike 3 Holdings, LLC, the John Doe subscriber associated with IP address 104.50.7.2, 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 serve a subpoena before the parties’ required initial conference, seeking information identifying the subscriber assigned IP address 104.50.7.2.
The court granted the request and authorized subpoenas to AT&T U-verse and any other internet provider identified in response. The providers must notify affected subscribers, who may challenge the subpoenas within 30 days.
Judge Spero also required providers to preserve the requested information, limited its use to protecting Strike 3’s rights under the Copyright Act, and ordered identifying information filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 104.50.7.2 · No. 3:20-cv-09461
- Joseph Spero
- Mar. 16, 2021
Background
Strike 3 Holdings, LLC filed an ex parte application—an application made without the other side being present—for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The subpoena sought the true name and address of the defendant associated with IP address 104.50.7.2.
The court found that Strike 3 had established good cause to serve the subpoena on AT&T U-verse. The order also allowed Strike 3 to serve a similar subpoena on any other internet service provider identified in response as providing internet services to the defendant.
Court’s Order
The court granted the application. It authorized Rule 45 subpoenas requiring the providers to produce the defendant’s true name and address and required Strike 3 to attach the order to each subpoena. The order stated that the subpoenas qualified as court orders authorizing disclosure under 47 U.S.C. § 551.
Each provider has 30 days after service to give each affected subscriber a copy of the subpoena and the order. Each subscriber and provider then has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a challenge, the provider has 10 days to produce the responsive information.
The providers must preserve the subpoenaed information while awaiting production or resolution of a timely motion to quash. Strike 3 may use information produced in response only to protect its rights under the Copyright Act. Any name or other personal identifying information concerning a current or proposed defendant, or another subscriber identified through the subpoena, must be filed under seal and not otherwise disclosed. Judge Joseph C. Spero entered the corrected order on March 16, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.