Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 157.131.143.5
- Joseph Spero
- 3:22-cv-01300
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Spero authorized subpoenas to identify the subscriber linked to an Internet address, with notice and challenge protections.
Strike 3 Holdings, LLC, John Doe Subscriber Assigned IP Address 157.131.143.5, Sonic.net, LLC, any other identified Internet service provider, and subscribers whose information is sought.
What happened
Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 157.131.143.5 concerns Strike 3’s request to identify the person linked to a particular Internet address.
The court allowed Strike 3 to serve Sonic.net, LLC, and potentially other identified Internet service providers, with subpoenas seeking the defendant’s name and address before the parties’ required conference. The order requires notice to affected subscribers and service providers, gives them 30 days to challenge the subpoenas, and limits use of any information to protecting Strike 3’s rights under copyright law.
Judge Joseph C. Spero granted Strike 3’s application and ordered the providers to preserve the requested information, file identifying information under seal, and follow the stated notice and production deadlines.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 157.131.143.5 · No. 3:22-cv-01300
- Joseph Spero
- Apr. 4, 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 sought the true name and address of the defendant associated with Internet Protocol address 157.131.143.5.
Ruling
The court found that Strike 3 had shown “good cause” and granted the application. It authorized Strike 3 to serve Sonic.net, LLC with a subpoena under Rule 45 seeking the defendant’s name and address. The order also allowed Strike 3 to serve the same type of subpoena on any other Internet service provider identified in response as providing Internet services to the defendant.
The order states that the authorized subpoenas qualify as court orders permitting disclosure under 47 U.S.C. § 551. Each provider must give the affected subscriber a copy of the subpoena and order within 30 days after service. Each subscriber and provider then has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information.
Additional Conditions
Each provider must preserve the subpoenaed information until it gives the information to Strike 3 or a timely challenge is finally resolved. Strike 3 may use disclosed information only to protect its rights under the Copyright Act. Names and other personally identifying information concerning current or proposed defendants, or other subscribers identified through the subpoenas, must be filed under seal and not otherwise disclosed.
The order resolves the subpoena request; it does not decide the underlying copyright dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.