Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.222.254.38
- Joseph Spero
- 3:21-cv-06803
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Spero allowed subpoenas seeking the subscriber’s identity and address for the copyright case.
Strike 3 Holdings, LLC may seek identity information from Comcast and other identified internet service providers. The John Doe subscriber and any other subscribers whose information is sought must receive notice and may challenge the subpoenas within 30 days. The providers must preserve the information and follow the order’s production and sealing requirements.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast before the parties held their required initial conference. The defendant was identified only by the Internet address 73.222.254.38.
The court found good cause and allowed Strike 3 to subpoena Comcast for the defendant’s true name and address. The order also permits subpoenas to other internet providers identified through that process.
The order requires notice to affected subscribers and gives them and the providers 30 days to challenge a subpoena. Judge Spero limited any disclosed information to protecting Strike 3’s rights under the Copyright Act and required identifying information to be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.222.254.38 · No. 3:21-cv-06803
- Joseph Spero
- Nov. 17, 2021
Background
Strike 3 Holdings, LLC filed an application without notifying the opposing party in advance for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. The defendant was identified in the caption as the subscriber assigned Internet Protocol address 73.222.254.38.
Court’s Ruling
The court found that Strike 3 had established good cause to serve Comcast Cable with a subpoena under Federal Rule of Civil Procedure 45. The subpoena may require Comcast to provide 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 a Rule 45 subpoena on any other internet service provider identified in response to a subpoena as providing internet service to the defendant. The court treated the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551.
Notice and Challenges
Each internet service provider has 30 days after service to notify each subscriber whose identity is sought by providing a copy of the subpoena and the order. 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 timely challenge is filed, the provider has 10 days to produce the responsive information.
The providers must preserve the subpoenaed information while awaiting production or resolution of a timely challenge. Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act. Names and other identifying information for current or proposed defendants, and other subscribers identified through the subpoenas, must be filed under seal and not otherwise disclosed.
Effect of the Order
Judge Spero granted Strike 3’s application to serve the early subpoenas. The order addressed discovery and identification of the person associated with the Internet address; it did not decide whether the person infringed copyright or resolve the underlying case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.