Strike 3 Holdings v. John Doe subscriber assigned IP address 162.236.13.172
- Joseph Spero
- 3:21-cv-05699
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero granted permission to subpoena internet providers for the subscriber’s identity, with notice and confidentiality protections.
Strike 3 Holdings, LLC, the John Doe subscriber assigned IP address 162.236.13.172, AT&T U-verse, and any other internet service provider identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena AT&T U-verse before the parties held their required early case-management conference. The subpoena seeks the name and address of the person assigned the listed internet address.
The court found good cause and authorized subpoenas to AT&T and any other internet provider identified in response. The providers must notify the affected subscriber, who may challenge the subpoena within 30 days; if no challenge is filed, the provider must produce the information within 10 more days.
Judge Joseph C. Spero issued the order on August 6, 2021. The order requires providers to preserve the requested information, limits its use to protecting Strike 3’s rights under copyright law, and requires personal identifying information to be filed under seal.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 162.236.13.172 · No. 3:21-cv-05699
- Joseph Spero
- Aug. 6, 2021
Background
Strike 3 Holdings, LLC sought an ex parte order—an order requested without a prior hearing involving the opposing party—allowing it to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The subpoena would be directed initially to AT&T U-verse and would seek the true name and address of the defendant assigned IP address 162.236.13.172.
Ruling
The court found that Strike 3 had established good cause. It granted the application and authorized Strike 3 to serve AT&T with a Rule 45 subpoena, attaching a copy of the order. The court also authorized subpoenas to any other internet service provider identified in response as providing internet services to the defendant.
The court determined that the authorized subpoenas qualified as court orders permitting disclosure under 47 U.S.C. § 551. Each provider has 30 days after service to give the affected subscriber a copy of the subpoena and order. The subscriber or 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.
Additional Conditions
Each provider must preserve the subpoenaed information until it delivers the information to Strike 3 or a timely challenge is finally resolved. Strike 3 may use information disclosed under the subpoenas only to protect its rights under the Copyright Act. Any name or other personal identifying information of a current or proposed defendant must be filed under seal and not otherwise disclosed.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.