Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 104.50.3.158
- Joseph Spero
- 3:21-cv-09874
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Spero granted Strike 3’s request to subpoena internet providers for identifying information before discovery began.
Strike 3 Holdings, the John Doe subscriber, AT&T U-Verse, any other identified Internet service provider, and subscribers whose information is sought.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena AT&T U-Verse to identify the person assigned a specified Internet address before the parties held their required early case-management conference. The case is captioned Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 104.50.3.158.
The court found good cause for the request and authorized Strike 3 to serve AT&T with a subpoena seeking the defendant’s true name and address. The order also allows subpoenas to other Internet providers identified through that process.
The court ordered notice to affected subscribers and gave subscribers and providers 30 days to challenge a subpoena. If no challenge is filed, the provider has 10 days to produce the information. Judge Spero also limited use of the information to protecting Strike 3’s rights under the Copyright Act and required identifying information to be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 104.50.3.158 · No. 3:21-cv-09874
- Joseph Spero
- Feb. 15, 2022
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 requested subpoena sought information identifying the person to whom AT&T U-Verse assigned Internet Protocol address 104.50.3.158.
Ruling
The court found that Strike 3 had shown “good cause” and granted the application. The court authorized Strike 3 to serve AT&T with a Rule 45 subpoena seeking the defendant’s true name and address. Strike 3 must attach a copy of the 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 treats the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551, provided the subscriber receives notice.
Notice and Challenges
Each Internet service provider has 30 days after being served to give the affected subscriber a copy of the subpoena and this order. Each subscriber and provider then has 30 days after service to file a motion challenging 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 requested information for that subscriber.
Information Use and Sealing
Internet service providers must preserve the subpoenaed information while waiting to provide it or while a timely challenge is resolved. Strike 3 may use information disclosed under a subpoena only to protect its rights under the Copyright Act, 17 U.S.C. § 101 et seq. Any name or other personal identifying information concerning a current or proposed defendant or another subscriber must be filed under seal and may not otherwise be disclosed.
Disposition
Judge Joseph C. Spero granted Strike 3’s ex parte application to serve the subpoena, subject to the notice, challenge, preservation, limited-use, and sealing requirements in the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.