Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.181.67.62
- Joseph Spero
- 3:22-cv-00563
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Spero granted permission to subpoena Comcast for the subscriber’s name and address.
Strike 3 Holdings, LLC; the unnamed subscriber associated with IP address 69.181.67.62; Comcast Cable; any other identified internet-service provider; and subscribers whose information is sought through the subpoenas.
What happened
In Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.181.67.62, Strike 3 asked to serve a subpoena before the parties’ required initial conference. The request sought information identifying the person connected to the listed internet address.
The court found good cause and allowed Strike 3 to subpoena Comcast Cable for the subscriber’s true name and address. The order also permits subpoenas to other internet providers identified through the process. Providers must notify affected subscribers, who may challenge the subpoena within 30 days.
Judge Spero ordered providers to preserve the requested information and, if no timely challenge is filed, produce it within 10 days after the challenge period ends. Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act, and identifying information must be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.181.67.62 · No. 3:22-cv-00563
- Joseph Spero
- Feb. 15, 2022
Background
Strike 3 Holdings, LLC asked the court for permission to serve a third-party subpoena before the parties held the conference normally required by Federal Rule of Civil Procedure 26(f). The subpoena sought the true name and address of the defendant associated with IP address 69.181.67.62.
Ruling
The court found that Strike 3 had shown “good cause” and granted its application. Strike 3 may serve Comcast Cable with a subpoena under Rule 45 requiring Comcast to provide the defendant’s name and address. Strike 3 must attach the court’s order to the subpoena.
The court also authorized Strike 3 to serve the same type of subpoena on any other internet-service provider identified in response to a subpoena as providing internet service to the defendant. The order states that these subpoenas qualify as court orders authorizing disclosure under 47 U.S.C. § 551.
Notice and challenges
Each provider has 30 days after being served to notify each affected subscriber by providing the subpoena and the court’s order. Each subscriber and provider then has 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.
Providers must preserve the subpoenaed information until they deliver it to Strike 3 or until a timely motion to quash is finally resolved. Strike 3 may use disclosed information only to protect its rights under the Copyright Act. Names and other identifying information concerning current or proposed defendants, or other subscribers identified through the subpoenas, must be filed under seal and not otherwise disclosed.
Disposition
Judge Spero granted Strike 3’s ex parte application to serve the authorized subpoenas. The order did not decide the underlying copyright issues.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.