Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.209.13.199
- Joseph Spero
- 3:21-cv-00256
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Spero allowed subpoenas seeking the defendant’s identity before the parties’ initial conference.
Strike 3 Holdings, LLC, the unidentified subscriber assigned IP address 69.209.13.199, AT&T U-verse, any other identified internet service providers, and subscribers whose information is sought.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 69.209.13.199, Strike 3 Holdings asked to subpoena internet providers before the parties held their initial conference. The company sought the defendant’s true name and address connected to the listed internet address.
The court found good cause and allowed Strike 3 Holdings to subpoena AT&T U-verse and any other internet provider identified through the subpoenas. The providers must notify affected subscribers, who may challenge the subpoenas within 30 days after service. If no challenge is filed, the provider must produce the requested information within 10 additional days.
Judge Joseph C. Spero also ordered the providers to preserve the information, limited its use to protecting Strike 3 Holdings’ rights under the Copyright Act, and required identifying information to be filed under seal. The court granted the application to serve the subpoenas.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.209.13.199 · No. 3:21-cv-00256
- Joseph Spero
- Mar. 16, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The defendant was identified in the caption as the subscriber assigned IP address 69.209.13.199. Strike 3 Holdings sought identifying information from AT&T U-verse.
Ruling
The court found that Strike 3 Holdings had shown “good cause” to serve the subpoena. It granted permission to serve AT&T with a subpoena under Federal Rule of Civil Procedure 45 requiring AT&T 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 a similar subpoena on any internet service provider identified in response to a subpoena as providing internet services to the defendant. The order treated the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551.
Notice and Challenges
Each internet service provider has 30 days after being served to notify each affected subscriber by providing a copy of the subpoena and this order. Each subscriber and provider then has 30 days after service to file a motion challenging 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 for that subscriber.
The providers must preserve the subpoenaed information until they deliver it to Strike 3 Holdings or until a timely motion to quash is finally resolved. Strike 3 Holdings may use information produced in response to a subpoena only to protect its rights under the Copyright Act. Any name or other identifying information about a current or proposed defendant, or another subscriber identified through a subpoena, must be filed under seal and not otherwise disclosed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.