Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.5.0.215
- Virginia Demarchi
- 5:21-cv-09880
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi granted Strike 3 permission to subpoena Comcast for the subscriber’s identity.
Strike 3 Holdings, LLC may obtain limited identifying information from Comcast Cable about the unnamed subscriber assigned IP address 24.5.0.215. The subscriber receives notice and may be affected by any objection or request for a protective order, while Comcast must respond to the subpoena subject to its rights to object and seek protection.
What happened
Strike 3 Holdings, LLC sued an unnamed subscriber identified by Internet Protocol address 24.5.0.215 and asked to subpoena Comcast Cable before the parties’ required early case conference. Strike 3 said it needed the subscriber’s name and address to pursue its copyright-infringement case.
The court found good cause for early discovery. It said Strike 3 had identified the defendant specifically enough, described efforts to locate the person, presented a claim that could survive dismissal, and showed a reasonable chance that Comcast’s records would identify the subscriber.
Judge Demarchi granted Strike 3’s application. Strike 3 may subpoena Comcast for the subscriber’s true name and address, but Comcast must notify the subscriber, may object or seek a protective order, and Strike 3 may use the information only to protect and enforce its rights in the lawsuit; it may not publicly disclose the information without the subscriber’s consent or court permission.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.5.0.215 · No. 5:21-cv-09880
- Virginia Demarchi
- Jan. 18, 2022
Background
Strike 3 Holdings, LLC sought permission to serve Comcast Cable with a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The defendant was identified in the caption only as the subscriber assigned Internet Protocol address 24.5.0.215. Strike 3 sought the subscriber’s true name and address so that it could identify and serve the defendant in its copyright-infringement action.
Court’s analysis
The court found good cause for the requested early discovery. It determined that Strike 3 had shown that:
- the defendant was identified specifically enough for the court to determine that the defendant was a real person or entity who could be sued in federal court; - Strike 3 had identified steps it previously took to locate the defendant; - the action could withstand a motion to dismiss; and - there was a reasonable likelihood that discovery would identify the defendant and make service of process possible.
The court also noted that Strike 3’s application indicated that it had satisfied the copyright-registration requirements under 17 U.S.C. § 411(a). The court stated that, at this stage and on the record presented, Strike 3 could use discovery to determine the defendant’s identity.
Order
The court granted Strike 3’s application and ordered that:
- Strike 3 may serve Comcast Cable with a subpoena under Rule 45 requiring Comcast to provide the true name and address of the subscriber assigned IP address 24.5.0.215. Strike 3 must attach a copy of the order to the subpoena.
- Comcast must serve the subscriber with copies of the subpoena and order within 30 days after Comcast receives the subpoena. Comcast may use any reasonable method, including first-class or overnight mail to the subscriber’s last known address.
- Strike 3 may use information disclosed in response to the subpoena only to protect and enforce its rights described in the complaint.
- Comcast may object to the subpoena and may seek a protective order.
If Comcast provides the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court. Judge Virginia K. Demarchi signed the order on January 18, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.