Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.35.236.119
- Virginia Demarchi
- 5:21-cv-03949
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi allowed Strike 3 to subpoena Comcast for the subscriber’s identity in its copyright case.
Strike 3 Holdings may seek the unidentified subscriber’s name and address from Comcast; the subscriber receives notice and may have privacy protections, while Comcast may object or seek a protective order.
What happened
Strike 3 Holdings, LLC sued an unidentified subscriber linked to IP address 98.35.236.119 and asked to obtain the person’s identity from Comcast before the parties’ required planning conference.
The court found good cause and granted Strike 3’s request to serve Comcast with a subpoena for the subscriber’s true name and address. The order required notice to the subscriber and limited Strike 3’s use and public disclosure of the information.
Judge Virginia K. Demarchi issued the order in Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.35.236.119. The order allowed limited discovery to identify the defendant; it did not decide whether the subscriber infringed copyright.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.35.236.119 · No. 5:21-cv-03949
- Virginia Demarchi
- June 16, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena sought the true name and address of the subscriber to whom Comcast assigned IP address 98.35.236.119.
Court’s analysis
The court found good cause for the early subpoena. It concluded that Strike 3 had shown that:
- it had identified the defendant specifically enough for the court to determine that the defendant was a real person or entity who could be sued in federal court; - it had described steps already taken to locate the defendant; - its lawsuit could withstand a motion to dismiss; and - discovery was reasonably likely to identify the defendant so that service of process could occur.
The court also noted that Strike 3 had satisfied the copyright-registration requirement under 17 U.S.C. § 411(a). The court explained that, at this stage and on the record presented, Strike 3 could use discovery to determine the defendant’s identity. The order did not decide the underlying copyright-infringement claim.
Order
The court granted Strike 3’s application. Strike 3 may serve a Rule 45 subpoena on Comcast commanding it to provide the subscriber’s true name and address, and Strike 3 must attach the order to the subpoena.
Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on Comcast. Comcast may use any reasonable method, including written notice sent by first-class mail or overnight service to the subscriber’s last known address.
Strike 3 may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint. Comcast may object to the subpoena and seek a protective order. If Comcast provides identifying information, Strike 3 may not publicly disclose it without the subscriber’s consent or the court’s permission. Judge Virginia K. Demarchi signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.