Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.23.220.58
- Kandis Westmore
- 4:21-cv-04769
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Westmore allowed subpoenas to identify the subscriber linked to an IP address, subject to notice and challenges.
Strike 3 Holdings, LLC; the unidentified subscriber assigned IP address 24.23.220.58; Comcast Cable Communications, LLC; any other internet service provider identified through the subpoenas; and subscribers whose identifying information is sought.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast before the parties held their required early case-management conference. The subpoena sought the name and address of the person assigned the IP address 24.23.220.58.
The court found good cause and allowed Strike 3 to serve Comcast and, if necessary, other internet providers identified through the subpoenas. The providers must notify affected subscribers, who may challenge the subpoenas within 30 days. If no challenge is filed, the provider must produce the requested information within 10 days.
The order also required the providers to preserve the information, limited Strike 3’s use of it to protecting rights under the Copyright Act, and required filings containing identifying information to be sealed. Judge Kandis Westmore issued the order on June 30, 2021.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.23.220.58 · No. 4:21-cv-04769
- Kandis Westmore
- June 30, 2021
Background
Strike 3 Holdings, LLC filed an ex parte motion—meaning a request made without first giving the opposing party an opportunity to respond—for permission to serve a subpoena before the Rule 26(f) conference. The requested subpoena was directed to Comcast Cable Communications, LLC, identified as the initial internet service provider, and sought only the true name and address of the defendant assigned IP address 24.23.220.58.
Ruling
The court found that Strike 3 had shown good cause to serve the subpoena. It authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 and to attach the order to that subpoena. The court also authorized subpoenas to any other internet service provider identified in response as providing internet service to the defendant.
The court determined that the authorized subpoenas qualified as court orders permitting disclosure under 47 U.S.C. § 551. Each provider must serve the affected subscriber with the subpoena and the order within 30 days after service on the provider. 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.
The providers must preserve the subpoenaed information while awaiting production or resolution of a timely challenge. Strike 3 may use any information disclosed only to protect its rights under the Copyright Act. Documents containing a current or proposed defendant’s name or other identifying information must be filed under seal, following the court’s local sealing procedures.
Effect of the Order
This was an order about obtaining identifying information through subpoenas. It did not decide the underlying copyright dispute or determine whether the defendant was liable. Judge Kandis Westmore issued the order on June 30, 2021.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.