Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.4.129.29
- Beth Freeman
- 5:22-cv-01374
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Van Keulen allowed Strike 3 to subpoena Comcast for identifying information before the Rule 26(f) conference.
Strike 3 Holdings, LLC, John Doe, Comcast Cable, and any other internet provider Strike 3 may later seek to subpoena.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by the internet address 24.4.129.29, and asked to serve Comcast with a subpoena before the parties’ required Rule 26(f) conference. Strike 3 sought the subscriber’s identity.
The court granted the request. The subpoena may seek only the subscriber’s actual name and address during a specified period around the alleged infringement. Comcast must notify the subscriber, who may challenge the subpoena, and Comcast may not disclose identifying information before the deadline or resolution of any challenge. Strike 3 also may not publicly disclose information it receives until the subscriber has had an opportunity to seek permission to proceed anonymously.
Judge Susan Van Keulen also required Strike 3 to obtain separate permission before subpoenaing any other internet provider. The order addressed discovery and identifying the defendant; it did not decide whether infringement occurred.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.4.129.29 · No. 5:22-cv-01374
- Beth Freeman
- Mar. 31, 2022
Background
Strike 3 Holdings, LLC filed an ex parte application, meaning a request for court action before the ordinary conference between the parties, for permission to serve a third-party subpoena on Comcast Cable. Comcast was identified as the internet service provider for John Doe, the defendant associated with IP address 24.4.129.29. Strike 3 sought to identify the defendant before the conference required by Federal Rule of Civil Procedure 26(f).
Ruling
The court found good cause and granted the application. The subpoena must request only the actual name and address of the subscriber to whom Comcast assigned the specified IP address during the period beginning 14 days before the first alleged infringing act and ending 14 days after the last alleged infringing act listed in the complaint’s Exhibit A. Strike 3 must attach the order to the subpoena and may use information disclosed by Comcast only to protect its rights described in the complaint.
Comcast must serve the subscriber with copies of the subpoena and order within 14 days after Comcast is served. The subpoena’s return date must be at least 45 days after service on Comcast. Comcast may not disclose identifying information to Strike 3 before that return date or before any motion to quash or modify the subpoena is resolved.
John Doe has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it, in the court district where compliance is required. Comcast must preserve subpoenaed information while any timely motion is pending.
If Comcast provides identifying information, Strike 3 may not publicly disclose it until John Doe has had an opportunity to ask this court for permission to proceed anonymously and the court has ruled on that request. If John Doe does not seek permission to proceed anonymously within 30 days after the information is disclosed to Strike 3, the limited protective order will expire. The court stated that papers containing identifying information in such a request may be filed under seal while the request is considered, with an opportunity for Strike 3 to respond.
Strike 3 also sought permission to subpoena any other internet provider identified through a subpoena response. The court denied that broader request by requiring Strike 3 to seek separate permission before serving a subpoena on any provider other than Comcast.
Effect of the Order
The order allowed limited pre-conference discovery to identify the defendant and imposed protections for the subscriber’s information. It did not decide the merits of Strike 3’s infringement allegations. Judge Susan Van Keulen issued the order as a United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.