Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.241.2.13
- Jeffrey White
- 4:21-cv-07830
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge White allowed a subpoena seeking the subscriber’s name and address before the case-management conference.
Strike 3 Holdings, LLC, the John Doe subscriber associated with IP address 73.241.2.13, Comcast Cable, and any other internet service provider identified in response to a subpoena.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast before the initial case-management conference to identify the person associated with IP address 73.241.2.13.
The court found good cause and granted the request. Strike 3 may seek the defendant’s true name and address, and may subpoena another internet provider identified in response. The order requires notice to the subscriber, allows 30 days to challenge the subpoena, and limits use of the information to enforcing Strike 3’s rights in the complaint.
Judge Jeffrey White issued the order on October 14, 2021. The order addressed only early identification and subpoena procedures; it did not decide whether Strike 3’s claims were valid.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.241.2.13 · No. 4:21-cv-07830
- Jeffrey White
- Oct. 14, 2021
Background
Strike 3 Holdings, LLC filed an ex parte application, meaning an application made without first obtaining the opposing party’s participation, to serve a subpoena before the initial case-management conference. Strike 3 sought information from Comcast Cable, identified as the internet service provider, about the defendant associated with IP address 73.241.2.13.
Ruling
The court concluded that Strike 3 had shown “good cause” based on the complaint, the application, and supporting declarations. The court therefore granted permission for Strike 3 to serve a subpoena under Federal Rule of Civil Procedure 45 on Comcast seeking the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.
The order also permits Strike 3 to serve the same type of subpoena on any service provider identified in response as providing internet service to one of the defendants.
Notice and challenges
The internet service provider must serve the subscriber with copies of both the subpoena and the order within 30 days after the subpoena is served on the provider. The provider may use any reasonable means, including first-class mail or overnight service to the subscriber’s last known address.
The subscriber and the provider each have 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information. The provider must preserve the subpoenaed information while awaiting production or resolution of a timely motion to quash.
Limits on disclosure and public filings
Strike 3 may use information disclosed in response to the subpoena only to protect and enforce its rights stated in the complaint. Any name or other identifying information of a current or proposed defendant must be filed provisionally under seal. Public versions of filings must redact only the defendant’s name and other identifying information, and Strike 3 must continue using the existing caption and assigned IP address. If Strike 3 files an amended complaint under seal, the defendant will have 45 days to seek permission to proceed anonymously.
Effect of the order
This was a procedural and discovery-related order concerning early identification of the defendant. The court did not decide the merits of Strike 3’s claims or determine the defendant’s identity.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.