Strike 3 Holdings v. John Doe subscriber assigned IP address 73.241.158.210
- Virginia Demarchi
- 5:21-cv-03946
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi allowed early subpoena discovery to identify the internet subscriber accused of copyright infringement.
Strike 3 Holdings, LLC received permission to seek identifying information from Comcast Cable. Comcast Cable was required to notify the unidentified subscriber and could object or seek a protective order. The subscriber assigned IP address 73.241.158.210 was affected by the subpoena process and the restriction on public disclosure of identifying information.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet protocol address, and asked to subpoena Comcast Cable before the parties held their required early case meeting. Strike 3 sought the subscriber’s name and address so it could identify the defendant.
The court found good cause for the early discovery. It said Strike 3 had identified the defendant specifically enough, described steps taken to locate the defendant, showed that its lawsuit could withstand a request for dismissal, and showed a reasonable chance that discovery would identify the defendant. The court also noted that Strike 3 had met copyright-registration requirements for starting the lawsuit.
Judge Virginia K. Demarchi granted Strike 3’s request. The order allowed Strike 3 to serve Comcast Cable with a subpoena for the name and address of the subscriber assigned IP address 73.241.158.210, required Comcast to notify the subscriber, allowed objections and requests for a protective order, and restricted Strike 3’s use and public disclosure of the information.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 73.241.158.210 · No. 5:21-cv-03946
- 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’ Rule 26(f) conference. Comcast Cable was identified as the internet service provider for the subscriber assigned IP address 73.241.158.210. Strike 3 sought the subscriber’s true name and address.
Court’s analysis
The court found good cause for early discovery under the standards cited in the opinion. It found that Strike 3 had shown four things: it could identify the defendant with enough specificity 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 action could withstand a motion to dismiss; and there was a reasonable likelihood that discovery would identify the defendant so service of process could occur.
The court also stated that Strike 3’s application indicated compliance with the copyright-registration requirement in 17 U.S.C. § 411(a). The opinion cautioned that a bare allegation that someone is the registered subscriber for an internet protocol address associated with infringing activity is not enough, by itself, to state a plausible direct or contributory copyright-infringement claim. But the court concluded that, at this stage and on the record presented, Strike 3 could use limited discovery to determine the defendant’s identity.
Order and practical effect
Judge Virginia K. Demarchi granted Strike 3’s application. Strike 3 could serve a Rule 45 subpoena on Comcast Cable requiring it to provide the true name and address of the subscriber assigned the specified IP address, and Strike 3 had to attach the order to the subpoena.
Comcast Cable had to serve the subscriber with copies of the subpoena and order within 30 days after the subpoena was served on Comcast. Comcast could use any reasonable method, including written notice sent by first-class mail or overnight service to the subscriber’s last known address. Strike 3 could use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. Comcast could object to the subpoena or seek a protective order. If Comcast provided identifying information, Strike 3 could not publicly disclose it without the subscriber’s consent or permission from the court.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.