Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.71.188.156
- Joseph Spero
- 3:21-cv-03689
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero allowed subpoenas seeking the defendant’s identity from Comcast and other internet providers.
Strike 3 Holdings, LLC may seek the identity and address of the defendant associated with IP address 73.71.188.156. Comcast and any other identified internet-service provider must provide notice, preserve responsive information, and may have to produce it unless the subscriber or provider timely challenges the subpoena. The unidentified subscriber may contest the subpoena within 30 days after service.
What happened
Strike 3 Holdings, LLC sued a defendant identified only by the internet address 73.71.188.156 and asked to subpoena Comcast before the parties’ required early conference. The company said there was good cause for obtaining information that could identify the defendant.
The court granted the request. Strike 3 may subpoena Comcast for the defendant’s true name and address and may subpoena another internet provider identified through that process. Providers must notify affected subscribers, who and the providers have 30 days to challenge a subpoena; if no challenge is filed, the provider generally has 10 additional days to respond. The information may be used only to protect Strike 3’s rights under the Copyright Act, and identifying information must be filed under seal.
Judge Joseph C. Spero issued the June 8, 2021 order granting permission to serve the subpoenas. The order addressed discovery needed to identify the defendant; it did not decide whether the defendant infringed copyright.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.71.188.156 · No. 3:21-cv-03689
- Joseph Spero
- June 8, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The proposed subpoena was directed first to Comcast Cable and sought the true name and address of the defendant associated with IP address 73.71.188.156. The court found that Strike 3 had shown “good cause” for seeking this information.
Order
The court granted Strike 3 permission to serve Comcast with a Rule 45 subpoena. The subpoena must include a copy of the order. The court also authorized Strike 3 to serve a similar subpoena on any internet-service provider identified in response to a subpoena as providing internet service to the defendant.
The order authorized disclosure under 47 U.S.C. § 551, provided the subscriber is notified. Each provider has 30 days after receiving the subpoena to notify each affected subscriber by providing 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 quash or modify it. If that period expires without a challenge, the provider has 10 days to produce the responsive information. Providers must preserve the subpoenaed information while awaiting production or resolution of a timely challenge.
Limits on the Information
Strike 3 may use information received through the subpoenas only to protect its rights under the Copyright Act. Any name or other personally identifying information of a current or proposed defendant must be filed under seal and may not otherwise be disclosed.
Disposition and Significance
Judge Joseph C. Spero granted Strike 3’s ex parte application for leave to serve a third-party subpoena before the Rule 26(f) conference. The order concerned an early discovery procedure for identifying the defendant and did not decide the merits of Strike 3’s copyright allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.