Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 198.27.174.63
- Virginia Demarchi
- 5:22-cv-01306
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe Subscriber, Judge Demarchi granted Strike 3’s request to subpoena Sonic.net for the subscriber’s identity.
Strike 3 may seek the subscriber’s name and address from Sonic.net. Sonic.net must notify the subscriber and may object or seek a protective order; the subscriber’s identity is protected from public disclosure without consent or court permission.
What happened
Strike 3 Holdings, LLC sued a John Doe subscriber associated with internet protocol address 198.27.174.63 and asked to subpoena Sonic.net, LLC before the parties’ required case-planning conference.
The court found good cause because Strike 3 had identified the defendant specifically enough, described efforts to locate the defendant, shown that its copyright claim could proceed, and demonstrated a reasonable chance of identifying the defendant through discovery. The court also noted that Strike 3 had met the copyright-registration requirement for filing suit.
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 198.27.174.63, Judge Virginia K. Demarchi granted the request. Strike 3 may subpoena Sonic.net for the subscriber’s name and address, but Sonic.net must notify the subscriber, may object or seek a protective order, and Strike 3 may not publicly disclose the information without the subscriber’s consent or the court’s permission.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 198.27.174.63 · No. 5:22-cv-01306
- Virginia Demarchi
- Mar. 28, 2022
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Sonic.net, LLC before the parties held the conference required by Federal Rule of Civil Procedure 26(f). Sonic.net was identified as the internet service provider for the subscriber assigned internet protocol address 198.27.174.63. The defendant was named as John Doe because Strike 3 did not yet have the subscriber’s true name and address.
Court’s Analysis
The court found good cause for early discovery. It determined that Strike 3 had shown: (1) enough information to identify a real person or entity who could be sued in federal court; (2) prior efforts to locate the defendant; (3) that the action could withstand a motion to dismiss; and (4) a reasonable likelihood that discovery would identify the defendant so service of process could be completed. The court also stated that Strike 3 had satisfied the copyright-registration requirement under 17 U.S.C. § 411(a). At this stage, the court concluded that Strike 3 could use discovery to determine the defendant’s identity.
Order
The court granted Strike 3’s application. Strike 3 may serve a subpoena under Federal Rule of Civil Procedure 45 requiring Sonic.net to provide the subscriber’s true name and address. Strike 3 must attach the order to the subpoena.
Sonic.net must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on Sonic.net. Sonic.net may use any reasonable method, including first-class or overnight mail to the subscriber’s last known address. Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights asserted in its complaint. Sonic.net may object to the subpoena or seek a protective order. If Sonic.net provides the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.