Strike 3 Holdings v. John Doe subscriber assigned IP address 23.114.178.178
- Donna Ryu
- 4:21-cv-07985
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Ryu authorized subpoenas to identify the subscriber assigned the listed Internet address.
Strike 3 Holdings, LLC, the John Doe subscriber assigned Internet Protocol address 23.114.178.178, AT&T U-verse, and any later-identified Internet service provider receiving an authorized subpoena.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena AT&T U-verse before the parties held a required scheduling conference. The company sought the name and address of the John Doe subscriber assigned the Internet address 23.114.178.178.
The court found good cause and allowed Strike 3 Holdings to serve the subpoena. The company may also subpoena later-identified Internet providers for subscriber information, but may use the information only to protect and enforce the rights described in its complaint.
The order requires notice to the subscriber, gives the subscriber and provider 30 days to challenge the subpoena, and requires the provider to preserve the information. Judge Donna M. Ryu also ordered identifying information filed under seal.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 23.114.178.178 · No. 4:21-cv-07985
- Donna Ryu
- Dec. 17, 2021
Background
Strike 3 Holdings, LLC filed an application asking for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The proposed subpoena would be directed to AT&T U-verse, identified as the Internet service provider, and would seek the true name and address of the defendant associated with Internet Protocol address 23.114.178.178.
Ruling
The court found that Strike 3 Holdings had shown good cause to serve the subpoena. It authorized Strike 3 Holdings to serve AT&T U-verse with a Rule 45 subpoena seeking the defendant’s name and address. The subpoena must include a copy of the order.
The court also authorized Strike 3 Holdings to serve the same type of subpoena on any service provider identified in response as providing Internet services to one of the defendants. Strike 3 Holdings may use information obtained through a subpoena served on the provider only to protect and enforce the rights described in its complaint.
Notice and challenges
If AT&T U-verse qualifies as a cable operator under the cited federal statute, it must comply with the statute’s notice requirement by sending the subscriber a copy of the order. More generally, the provider must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served. The provider may use 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 that period expires without a challenge, the provider has 10 days to produce the responsive information. The provider must preserve the subpoenaed information until it delivers the information or a timely motion to quash is finally resolved.
Confidentiality
The order requires any name or other personally identifying information of a current or proposed defendant to be filed under seal. If substantive motions are filed, the court may require the defendant to seek permission to proceed anonymously.
Disposition
The court granted Strike 3 Holdings permission to serve the specified third-party subpoenas, subject to the notice, challenge, preservation, use, and sealing requirements described in the order. Donna M. Ryu, United States Magistrate Judge, entered the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.