Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.126.252.1
- Virginia Demarchi
- 5:21-cv-06857
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi allowed an early Comcast subpoena to identify the subscriber using IP address 76.126.252.1.
Strike 3 Holdings may seek the subscriber’s identifying information from Comcast. Comcast may object or seek a protective order, and the subscriber must receive notice and is protected from public disclosure of identifying information without consent or court permission.
What happened
Strike 3 Holdings, LLC sued a John Doe subscriber identified by IP address 76.126.252.1 and asked to subpoena Comcast Cable before the parties’ required early case-management conference. Strike 3 wanted Comcast to provide the subscriber’s true name and address.
The court found good cause for the early subpoena. It determined that Strike 3 had identified a potentially suable defendant, described steps taken to locate that person, shown that its case could survive a request for dismissal, and shown a reasonable chance of identifying the defendant through discovery.
The court granted Strike 3’s application. Judge Virginia K. Demarchi allowed Strike 3 to serve Comcast with a subpoena, required Comcast to notify the subscriber, limited use of the disclosed information, and allowed Comcast to object or seek a protective order.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.126.252.1 · No. 5:21-cv-06857
- Virginia Demarchi
- Sept. 29, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve a Rule 45 subpoena on Comcast Cable before the parties held the conference required by Federal Rule of Civil Procedure 26(f). A Rule 45 subpoena is a formal demand for information from a nonparty. Strike 3 sought the true name and address of the subscriber to whom Comcast assigned Internet Protocol address 76.126.252.1.
Court’s analysis
The court found that Strike 3 had shown good cause for early discovery. The court said Strike 3 had: (1) 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; (2) identified steps already taken to locate the defendant; (3) shown that its action could withstand a motion to dismiss; and (4) shown a reasonable likelihood that discovery would identify the defendant so service of process could occur.
The court also noted that, after learning the defendant’s identity, Strike 3 could not rely only on an allegation that the subscriber registered the Internet Protocol address associated with infringing activity to state a plausible claim for direct liability. Even so, based on the record before it and at this stage of the case, the court concluded that Strike 3 could properly obtain limited discovery to identify the defendant.
Order
The court granted Strike 3’s application and authorized it to serve Comcast with a Rule 45 subpoena. Strike 3 must attach the order to the subpoena. Comcast must serve the subpoena and the order on the subscriber within 30 days after the subpoena is served on Comcast, using any reasonable method, including first-class mail or overnight service to the subscriber’s last known address.
Strike 3 may use information disclosed under the subpoena only to protect and enforce the rights described in its complaint. Comcast may object to the subpoena and may seek a protective order. If Comcast provides identifying information, Strike 3 may not publicly disclose it without the subscriber’s consent or permission from the court. The order was entered by Judge Virginia K. Demarchi.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.