Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.71.253.97
- Susan Illston
- 3:21-cv-09110
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Illston granted an application to subpoena Comcast for the defendant’s name and address before the parties’ discovery conference.
Strike 3 Holdings, LLC, the John Doe subscriber assigned IP address 73.71.253.97, and Comcast Cable.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast Cable, the internet service provider, before the parties’ required discovery conference. The subpoena sought the name and address of the John Doe subscriber assigned the IP address listed in the complaint.
The court allowed Strike 3 to serve the subpoena and required it to attach the order. Comcast must notify John Doe within 20 days after being served. John Doe then has 30 days to challenge the subpoena, and any information produced may be used only to protect Strike 3’s rights under the Copyright Act.
The court granted the application. Judge Susan Illston also required Strike 3 to serve the summons and complaint within 120 days after learning John Doe’s identity.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.71.253.97 · No. 3:21-cv-09110
- Susan Illston
- Dec. 14, 2021
Background
Strike 3 Holdings, LLC filed an ex parte application for permission to serve a third-party subpoena before the Rule 26(f) conference, the conference at which parties ordinarily discuss the case and discovery. The proposed subpoena would be served on Comcast Cable, identified in the order as the internet service provider, and would seek the true name and address of the defendant associated with the IP address listed in Exhibit A to the complaint.
Court’s ruling
The court found that Strike 3 had established good cause and granted the application. Strike 3 may serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 and must attach a copy of the order.
Comcast has 20 days after service to provide John Doe with a copy of the subpoena and order. John Doe then has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a challenge, Comcast has 14 days to produce the responsive information, subject to any later final resolution of a timely filed and granted motion to quash.
The order limits any information disclosed in response to the subpoena to use for protecting Strike 3’s rights under the Copyright Act, 17 U.S.C. §§ 101–1322. Strike 3 must serve John Doe with the summons, complaint, and other documents required by Civil Local Rule 4-2 within 120 days after learning John Doe’s identity. If the case continues after service, the parties must meet and confer about whether a protective order is appropriate.
Disposition
Judge Susan Illston granted Strike 3’s ex parte application. The order authorized early third-party discovery but did not decide the underlying copyright dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.