Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.162.94.90
- Thomas Hixson
- 3:21-cv-04779
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Magistrate Judge Hixson allowed subpoenas seeking the subscriber’s identity before the usual discovery conference.
Strike 3 Holdings, LLC, the John Doe subscriber assigned IP address 73.162.94.90, Comcast Cable, and any other internet-service provider identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC asked to identify the defendant associated with IP address 73.162.94.90 by serving a subpoena on Comcast Cable before the parties’ usual discovery conference.
The court found good cause and authorized a subpoena requiring Comcast to provide the defendant’s true name and address. It also allowed subpoenas to other internet providers identified through that process.
Magistrate Judge Thomas S. Hixson required notice to the subscriber, allowed 30 days to challenge a subpoena, restricted use of the information to enforcing the complaint, and required identifying information to be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.162.94.90 · No. 3:21-cv-04779
- Thomas Hixson
- July 1, 2021
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties held the conference ordinarily required by Federal Rule of Civil Procedure 26(f). The requested subpoena was directed to Comcast Cable, identified as the internet service provider, and sought the true name and address of the defendant assigned IP address 73.162.94.90.
Ruling
The court found that Strike 3 had established good cause and granted the application. Strike 3 could serve Comcast with a subpoena under Rule 45, attaching a copy of the order. Strike 3 could also serve a similar subpoena on any other internet-service provider identified in response to a subpoena as providing internet services to one of the defendants.
Conditions
If Comcast qualified as a cable operator under 47 U.S.C. § 522(5), the order required compliance with 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber by sending a copy of the order. The provider had to serve the subscriber with a copy of the subpoena and order within 30 days after being served. The subscriber and provider each had 30 days after service to file a motion challenging the subpoena, including a motion to quash or modify it. If no timely challenge was filed, the provider would have 10 days to produce the responsive information.
The provider had to preserve the subpoenaed information while awaiting production or resolution of a timely challenge. Strike 3 could use information obtained through the subpoena only to protect and enforce the rights described in its complaint. Any name or other identifying information of a current or proposed defendant had to be filed under seal. The order was entered by Magistrate Judge Thomas S. Hixson.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.