Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.14.8.147
- Joseph Spero
- 3:21-cv-09845
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero authorized subpoenas to identify the defendant while allowing challenges and limiting disclosure.
Strike 3 Holdings, LLC, the defendant identified by IP address 76.14.8.147, Wave Broadband, any other identified internet service provider, and subscribers whose identifying information is sought.
What happened
Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.14.8.147 involved Strike 3’s request to serve a subpoena before the parties’ required discovery conference. The court found good cause and granted the application.
The order allows subpoenas to Wave Broadband and other identified internet providers for the defendant’s true name and address. Providers must notify affected subscribers, who and the providers have 30 days to challenge or change a subpoena; if no challenge is filed, the provider has 10 days to produce the information.
Judge Joseph C. Spero also ordered providers to preserve the information, limited its use to protecting Strike 3’s rights under the Copyright Act, and required personal identifying information to be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.14.8.147 · No. 3:21-cv-09845
- Joseph Spero
- Jan. 4, 2022
Background
Strike 3 Holdings, LLC asked the court for permission to serve a third-party subpoena before the parties held the conference ordinarily required by Federal Rule of Civil Procedure 26(f). The application concerned the defendant identified in the caption by the internet protocol address 76.14.8.147.
Ruling
The court found that Strike 3 had established good cause and granted the ex parte application. The order authorizes Strike 3 to serve Wave Broadband with a subpoena under Rule 45 seeking 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 the same type of subpoena on any service provider identified in response to a subpoena as providing internet services to the defendant. The court refers to Wave Broadband and any such additional providers collectively as the internet service providers.
Notice and Challenges
Each provider has 30 days after being served to notify each subscriber whose identity is sought. Notice may be sent by first-class mail or overnight service to the subscriber’s last known address, or by another reasonable method.
Each subscriber and provider has 30 days after service on that person or entity to file a motion contesting the subpoena, including a motion to quash or modify it. If that period expires without a timely challenge, the provider has 10 days to produce the responsive information concerning that subscriber.
Other Conditions
Providers must preserve the subpoenaed information until they deliver it to Strike 3 or the court finally resolves a timely motion to quash. Information disclosed in response to a subpoena may be used only to protect Strike 3’s rights under the Copyright Act, 17 U.S.C. § 101 et seq.
The order treats the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551, provided the subscriber receives notice. It also requires any name or other personal identifying information of a current or proposed defendant to be filed under seal and not otherwise disclosed.
Disposition
Judge Joseph C. Spero granted Strike 3 Holdings, LLC’s ex parte application for permission to serve the authorized third-party subpoenas.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.