Strike 3 Holdings v. John Doe subscriber assigned IP address 157.131.112.143
Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 157.131.112.143
- Kandis Westmore
- 4:22-cv-01351
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Westmore allowed early subpoenas to identify the alleged copyright defendant, with notice and challenge protections.
Strike 3 Holdings, LLC; the anonymous defendant assigned IP address 157.131.112.143; Sonic.net, LLC; any later-identified internet service provider; and subscribers whose identifying information is sought.
What happened
Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 157.131.112.143 concerns Strike 3’s request to identify the person connected to a specified internet address.
Judge Westmore found good cause to allow Strike 3 to serve a subpoena on Sonic.net, LLC before the parties’ required early case-planning conference. The subpoena may seek only the defendant’s true name and address, and later internet providers may also be subpoenaed if they are identified.
The order requires notice to affected subscribers, gives subscribers and providers 30 days to challenge a subpoena, and limits the use of disclosed information to protecting rights under the Copyright Act. Judge Westmore also required preservation of the information and sealing of documents containing identifying information.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 157.131.112.143 · No. 4:22-cv-01351
- Kandis Westmore
- Mar. 25, 2022
Background
Strike 3 Holdings, LLC asked 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 was directed to Sonic.net, LLC, identified in the order as the initial internet service provider, and sought information about the person assigned IP address 157.131.112.143.
Ruling
The court found that Strike 3 had shown good cause and granted permission to serve a subpoena under Federal Rule of Civil Procedure 45. The subpoena may require Sonic.net to provide only the defendant’s true name and address. Strike 3 must attach the order to the subpoena. If a response identifies another internet service provider for the defendant, Strike 3 may serve that provider with a subpoena in the same manner.
The order states that the authorized subpoenas qualify as court orders permitting disclosure under 47 U.S.C. § 551, subject to the statute’s notice requirement. Each provider must give each affected subscriber a copy of the subpoena and the order within 30 days after service. Each subscriber and provider then has 30 days to file a motion challenging the subpoena, including a motion to cancel or change it. If no challenge is filed within that period, the provider has 10 days to produce the responsive information.
Each provider must preserve the subpoenaed information while awaiting production or resolution of a timely challenge. Strike 3 may use information disclosed under the subpoenas only to protect its rights under the Copyright Act. Documents containing the name or other personally identifying information of a current or proposed defendant must be filed under seal, following the court’s local filing procedure. The order does not decide whether Strike 3 will ultimately prevail on any copyright claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.