Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 107.3.136.94
- Thomas Hixson
- 3:21-cv-04766
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson allowed early subpoenas to identify the subscriber behind an IP address, with notice and limits.
Strike 3 Holdings, LLC, the unidentified subscriber associated with IP address 107.3.136.94, Comcast Cable, and any other internet service provider identified through the subpoena process.
What happened
Strike 3 Holdings, LLC sued an unidentified subscriber associated with IP address 107.3.136.94. It asked to subpoena Comcast Cable before the parties held their required early case-management conference so it could learn the defendant’s name and address.
The court found good cause and granted the request. Strike 3 may subpoena Comcast and, if necessary, other internet providers identified through the subpoena process. The providers must notify the subscriber, preserve the requested information, and allow 30 days to challenge the subpoena. The information may be used only to protect and enforce Strike 3’s rights in the complaint, and identifying information must be filed under seal.
Judge Thomas S. Hixson issued the June 30, 2021 order. The order addresses discovery needed to identify the defendant; it does not decide whether the alleged claims are valid.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 107.3.136.94 · No. 3:21-cv-04766
- Thomas Hixson
- June 30, 2021
Background
Strike 3 Holdings, LLC filed an ex parte application for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The requested subpoena sought the true name and address of the defendant associated with IP address 107.3.136.94. The proposed recipient was Comcast Cable, referred to in the order as the internet service provider.
Ruling
The court found that Strike 3 had established good cause and granted permission to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The subpoena may request the defendant’s true name and address, and Strike 3 must attach a copy of the order.
The order also permits Strike 3 to serve a similar subpoena on another internet service provider identified in response to a subpoena as providing internet services to one of the defendants. If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with the notice requirements in 47 U.S.C. § 551(c)(2)(B), including sending the subscriber a copy of the order.
Conditions on the subpoenas
Strike 3 may use information disclosed in response to a subpoena served on the internet service provider only to protect and enforce the rights asserted in its complaint. The provider must serve the subscriber with a copy of the subpoena and the order within 30 days after service on the provider, using any reasonable method, including first-class mail or overnight service to the subscriber’s last known address.
The subscriber and the provider each have 30 days after service to file a motion contesting 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 provider must preserve the subpoenaed information until producing it or until a timely motion to quash is finally resolved. Any name or other identifying information of a current or proposed defendant must be filed under seal.
Effect of the order
This is a discovery order allowing efforts to identify an unnamed defendant. It does not decide the merits of Strike 3’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.