Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.226.83.200
- Haywood Gilliam
- 4:21-cv-07772
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Gilliam allowed early discovery to identify an internet subscriber and imposed confidentiality protections.
Strike 3 Holdings, LLC; the John Doe subscriber associated with internet address 76.226.83.200; AT&T U-verse; and any other internet service provider identified in response to a subpoena.
What happened
Strike 3 Holdings, LLC sued a person identified only by the internet address 76.226.83.200 and asked to identify that person before the required conference between the parties.
The court found good cause and allowed Strike 3 to serve AT&T U-verse with a subpoena seeking the subscriber’s name and address. Strike 3 could also subpoena another internet provider identified in response. The providers must notify affected subscribers, who may challenge the subpoenas within 30 days.
Judge Wayne S. Gilliam, Jr. also ordered that any identifying information released to Strike 3 remain confidential unless and until the subscriber has a chance to ask to proceed anonymously and the court rules on that request.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.226.83.200 · No. 4:21-cv-07772
- Haywood Gilliam
- Oct. 12, 2021
Background
Strike 3 Holdings, LLC applied for permission to serve a third-party subpoena before the conference required by Federal Rule of Civil Procedure 26(f). The proposed subpoena sought the true name and address of the John Doe defendant associated with the internet address 76.226.83.200. The subpoena would be served on AT&T U-verse, which the order calls the internet service provider.
Ruling on Early Discovery
The court found that Strike 3 had established good cause to serve the subpoena under Federal Rule of Civil Procedure 45. The court granted leave for Strike 3 to subpoena AT&T U-verse for the defendant’s name and address and required Strike 3 to attach the order to the subpoena. Strike 3 may also serve a similar subpoena on any other internet service provider identified in response as providing internet service to the defendant.
Each provider must give affected subscribers a copy of the subpoena and the order within 30 days after service. Each subscriber and provider then has 30 days after service to file a motion challenging the subpoena, including a motion to quash or modify it. If no challenge is filed within that period, the provider must produce the responsive information within 10 additional days. If the provider qualifies as a cable operator, it must also send the defendant a copy of the order as required by federal law.
Confidentiality Protection
Under Federal Rule of Civil Procedure 26(c), the court issued a limited protective order. Any name or other identifying information released to Strike 3 must be treated as confidential and may not be publicly disclosed until the defendant has had an opportunity to ask to proceed anonymously and the court has ruled on that request. The protection expires if the defendant does not file that request within 30 days after the information is disclosed.
Disposition
Judge Wayne S. Gilliam, Jr. granted Strike 3’s application for leave to serve the subpoena before the Rule 26(f) conference, subject to the notice, challenge, production, and confidentiality conditions described in the order. The opinion did not decide whether the John Doe defendant infringed Strike 3’s copyright.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.