Strike 3 Holdings v. John Doe subscriber assigned IP address 73.170.122.168
- Susan Illston
- 3:22-cv-00603
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Illston allowed early subpoena service so Comcast could identify the defendant.
Strike 3 Holdings, LLC, John Doe, and Comcast Cable, the subpoenaed internet service provider.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast Cable before the parties held their required early case meeting. The subpoena sought the name and address of the person assigned the listed internet address.
The court found good cause and allowed Strike 3 Holdings to serve the subpoena. Comcast must notify John Doe within 20 days, and John Doe has 30 days after receiving notice to challenge the subpoena, including by asking the court to cancel or change it.
Judge Susan Illston also limited use of any disclosed information to protecting Strike 3 Holdings’ rights under the Copyright Act and required service of the lawsuit within 120 days after learning John Doe’s identity. The court granted the application.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 73.170.122.168 · No. 3:22-cv-00603
- Susan Illston
- Feb. 14, 2022
Background
Strike 3 Holdings, LLC filed an application without giving advance notice to the opposing party for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. The proposed subpoena was directed to Comcast Cable, identified in the order as the internet service provider, and sought the true name and address of the defendant associated with the internet address listed in Exhibit A to the complaint.
Court’s ruling
The court found that Strike 3 Holdings had shown good cause and granted the application. The order permits Strike 3 Holdings to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. A copy of the order must accompany the subpoena.
Comcast must serve John Doe with the subpoena and the order within 20 days after being served. John Doe then has 30 days after service to file motions contesting the subpoena, including a motion to quash or modify it. The subpoenaed entity must preserve the subpoenaed information while awaiting delivery of the information to Strike 3 Holdings or final resolution of a timely filed and granted motion to quash concerning that information.
Any information disclosed in response to the subpoena may be used only to protect Strike 3 Holdings’ rights under the Copyright Act, 17 U.S.C. §§ 101–1322. Strike 3 Holdings 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 discuss whether a protective order is appropriate.
Effect of the order
This was an early discovery ruling about identifying the defendant; it did not decide the underlying copyright dispute. Judge Susan Illston signed the order on February 14, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.