Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.5.252.205
- Virginia Demarchi
- 5:21-cv-09090
- U.S. District Court · Northern District of California
- 2
Strike 3 Holdings v. John Doe: Judge Demarchi allowed early discovery to identify an internet subscriber allegedly linked to copyright infringement.
Strike 3 Holdings, LLC may seek the identity of the subscriber assigned IP address 24.5.252.205 from Comcast Cable. Comcast must notify the subscriber and may object or seek a protective order; the subscriber’s identity may not be publicly disclosed without consent or court permission.
What happened
In Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.5.252.205, Strike 3 asked to subpoena Comcast Cable before the parties’ required initial conference. Strike 3 sought the subscriber’s true name and address.
The court found good cause for the early subpoena. It said Strike 3 had identified the defendant sufficiently, described efforts to locate the defendant, shown that its lawsuit could survive a request for dismissal, and shown a reasonable likelihood that discovery could identify the defendant for service. The court also noted Strike 3’s compliance with copyright-registration requirements.
The court granted Strike 3’s request. Judge Virginia K. Demarchi authorized a subpoena requiring Comcast to provide the name and address of the subscriber assigned the listed internet address, subject to notice to the subscriber, Comcast’s right to object or seek protection, and limits on using or publicly disclosing the information.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.5.252.205 · No. 5:21-cv-09090
- Virginia Demarchi
- Dec. 15, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve Comcast Cable with a third-party subpoena before the parties held the conference generally required by Federal Rule of Civil Procedure 26(f). The subpoena sought the true name and address of the subscriber to whom Comcast assigned Internet Protocol address 24.5.252.205. The defendant was identified in the caption as John Doe subscriber assigned that address.
Court’s Analysis
The court found good cause for allowing the early discovery. It determined that Strike 3 had shown four things: it could identify a real person or entity who could be sued in federal court; it had identified steps already taken to locate the defendant; its action could withstand a motion to dismiss; and there was a reasonable likelihood that discovery would identify the defendant so that service of process would be possible. The court also noted that Strike 3 had satisfied the copyright-registration requirements under 17 U.S.C. § 411(a) for starting a copyright-infringement lawsuit.
The court explained that, at this stage, an Internet Protocol address associated with infringing activity could support a plausible claim for direct or contributory copyright infringement, while also recognizing that the address alone did not identify the defendant. The court therefore allowed limited discovery to determine the defendant’s identity.
Ruling
The court granted Strike 3’s application and authorized it to serve Comcast with a Rule 45 subpoena seeking the subscriber’s true name and address. Strike 3 must attach the order to the subpoena.
Comcast must serve the subscriber with copies of the subpoena and order within 30 days after Comcast is served. Comcast may use any reasonable method, including first-class mail or overnight service to the subscriber’s last known address. Comcast may object to the subpoena and may seek a protective order.
Strike 3 may use information obtained through the subpoena only to protect and enforce the rights asserted in its complaint. If Comcast provides identifying information, Strike 3 may not publicly disclose it without the subscriber’s consent or permission from the court.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.