Strike 3 Holdings v. John Doe subscriber assigned IP address 135.180.172.15
- Joseph Spero
- 3:22-cv-01319
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero authorized subpoenas to identify the subscriber linked to an IP address, with notice and challenge protections.
Strike 3 Holdings, LLC; John Doe, the subscriber associated with IP address 135.180.172.15; Sonic.net, LLC; and any other Internet service provider identified in response to an authorized subpoena.
What happened
Strike 3 Holdings, LLC asked to serve a subpoena on Sonic.net, LLC before the parties held their required initial conference. The subpoena sought the name and address of the person assigned the specified Internet Protocol address, 135.180.172.15.
The court found good cause and granted Strike 3 Holdings’ application. It authorized subpoenas to Sonic.net and any other Internet service provider identified in response, and allowed those providers to disclose the requested information after notifying affected subscribers. The subscribers and providers would have 30 days to challenge a subpoena, and the providers would have to preserve the information while any timely challenge was resolved.
Judge Spero also ordered that identifying information be filed under seal and used only to protect Strike 3 Holdings’ rights under the Copyright Act. The order did not decide the underlying claims against John Doe.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 135.180.172.15 · No. 3:22-cv-01319
- Joseph Spero
- Mar. 27, 2022
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The requested subpoena was directed to Sonic.net, LLC and sought the true name and address of the defendant associated with Internet Protocol address 135.180.172.15. The opinion does not identify the defendant’s name.
Court’s Analysis and Order
The court found that Strike 3 Holdings had shown “good cause” to serve the subpoena. It authorized Strike 3 Holdings to serve Sonic.net with a subpoena under Federal Rule of Civil Procedure 45, provided that the subpoena included a copy of the order. The court also authorized a similar subpoena to any other Internet service provider identified in response as providing Internet service to the defendant.
The order stated that the authorized subpoenas qualified as court orders permitting disclosure under 47 U.S.C. § 551. Each Internet service provider had 30 days after service to give each affected subscriber a copy of the subpoena and the order. Each subscriber and provider then had 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If no timely challenge was filed, the provider would have 10 days to produce the responsive information for that subscriber.
The providers were required to preserve the subpoenaed information while awaiting production or the final resolution of a timely motion to quash. Any information disclosed could be used only to protect Strike 3 Holdings’ rights under the Copyright Act. The order further required that the name or other identifying information of any current or proposed defendant be filed under seal and not otherwise disclosed.
Disposition
Judge Spero granted Strike 3 Holdings’ ex parte application for permission to serve the early third-party subpoenas. This was a discovery and identification order; the court did not decide the merits of any Copyright Act claim or determine whether John Doe was liable.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.