Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.9.243
- Virginia Demarchi
- 5:21-cv-08619
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi allowed early subpoena discovery to identify the internet subscriber linked to an IP address.
Strike 3 Holdings, LLC may seek the subscriber’s identity from Comcast through an early subpoena. Comcast must notify the subscriber and may object or seek a protective order. The subscriber’s identifying information is protected from public disclosure without consent or court permission.
What happened
In Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.9.243, Strike 3 asked to subpoena Comcast before the parties held their required initial discovery conference. Strike 3 said the subpoena could help identify the defendant.
The court granted the request. Strike 3 may subpoena Comcast for the subscriber’s true name and address, and Comcast must notify the subscriber within 30 days. Strike 3 may use the information only to protect and enforce the rights described in its complaint, and it may not publicly disclose the information without the subscriber’s consent or the court’s permission.
Judge Virginia K. Demarchi found good cause for the early discovery because Strike 3 had sufficiently identified a potential defendant, described efforts to locate that person, showed that its lawsuit could survive a request for dismissal, and showed a reasonable chance that discovery would identify the subscriber.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.9.243 · No. 5:21-cv-08619
- Virginia Demarchi
- Dec. 3, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve Comcast Cable with a subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider for the subscriber assigned Internet Protocol address 67.180.9.243. Strike 3 sought the subscriber’s identity so it could identify the defendant in its lawsuit.
Court’s analysis
The court found good cause for allowing discovery before the Rule 26(f) conference. It determined that Strike 3 had shown four things: it had identified a potential defendant specifically enough for the court to determine that the defendant could be sued in federal court; it had described earlier efforts to locate the defendant; its action could withstand a motion to dismiss; and there was a reasonable likelihood that discovery would identify the defendant and make service of the lawsuit possible.
The court also noted that, after learning the defendant’s identity, Strike 3 could not rely only on an allegation that the person was the subscriber for an Internet Protocol address associated with infringing activity to state a plausible claim for direct infringement. At this stage, however, the court allowed limited discovery to determine the defendant’s identity.
Order
The court granted Strike 3’s application. Strike 3 may serve Comcast with a Federal Rule of Civil Procedure 45 subpoena seeking the true name and address of the subscriber assigned the specified Internet Protocol address, and it must attach the court’s order to the subpoena.
Comcast must serve the subscriber with copies of the subpoena and the order within 30 days after the subpoena is served on Comcast. Comcast may use any reasonable method, including first-class mail or overnight service to the subscriber’s last known address. Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. Comcast may object to the subpoena or 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.
Judge Virginia K. Demarchi signed the order on December 3, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.