Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.35.101.16
- Virginia Demarchi
- 5:21-cv-04763
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Magistrate Judge Demarchi allowed Strike 3 to subpoena Comcast for the subscriber’s identity.
Strike 3 Holdings, LLC may seek the subscriber’s identifying information from Comcast Cable. The John Doe subscriber will receive notice and may be affected by the disclosure, while Comcast may object to the subpoena or seek a protective order.
What happened
Strike 3 Holdings, LLC sued a defendant identified as John Doe subscriber assigned IP address 98.35.101.16 and asked to subpoena Comcast Cable before the parties’ required conference.
Strike 3 said the subpoena could help identify the defendant in a copyright-infringement lawsuit. The court found that Strike 3 showed good cause, including that it had taken steps to locate the defendant and that discovery was reasonably likely to identify the subscriber.
Magistrate Judge Virginia K. Demarchi granted Strike 3’s request. The order allows a subpoena for the subscriber’s true name and address, requires notice to the subscriber, limits use of the information, and prohibits public disclosure without the subscriber’s consent or court permission.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.35.101.16 · No. 5:21-cv-04763
- Virginia Demarchi
- July 7, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve Comcast Cable with a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider associated with IP address 98.35.101.16. The defendant was named in the case as John Doe subscriber assigned IP address 98.35.101.16.
Strike 3 argued that the subpoena was needed to learn the defendant’s identity in its copyright-infringement action. The court found that Strike 3 had shown good cause under the standards cited in the order. Specifically, the court found that Strike 3 had identified 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; identified earlier efforts to locate the defendant; shown that its action could withstand a motion to dismiss; and shown a reasonable likelihood that discovery would identify the defendant so service could occur. The court also noted that Strike 3 had indicated it satisfied the copyright-registration requirement under 17 U.S.C. § 411(a).
Ruling
The court granted Strike 3’s application and allowed it to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The subpoena may require Comcast to provide the true name and address of the subscriber to whom Comcast assigned IP address 98.35.101.16, and Strike 3 must attach the order to the subpoena.
The order requires Comcast to serve the subscriber with copies of the subpoena and order within 30 days after Comcast receives the subpoena. Comcast may use any reasonable method, including first-class mail or overnight service to the subscriber’s last known address. Strike 3 may use information produced in response to the subpoena only to protect and enforce its rights described in the complaint. Comcast may object to the subpoena or seek a protective order. If Comcast produces the subscriber’s identity, Strike 3 may not publicly disclose it without the subscriber’s consent or permission from the court.
The order concerns permission for limited discovery to identify a defendant; it does not decide whether copyright infringement occurred.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.