Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.6.45.29
- Edward Chen
- 3:22-cv-02846
- U.S. District Court · Northern District of California
- 4
In Strike 3 Holdings v. John Doe, Judge Chen granted early discovery, allowing a subpoena to Comcast for the Doe defendant’s name and addresses.
Strike 3 Holdings may seek the unidentified defendant’s name and addresses from Comcast Cable. The Doe defendant receives notice and an opportunity to challenge the subpoena or ask to proceed anonymously. Comcast must preserve the information and follow the order’s notice and production requirements.
What happened
Strike 3 Holdings, LLC alleged that an unidentified person using IP address 24.6.45.29 infringed its copyrights in 24 adult motion pictures. Strike 3 could not identify that person and asked to subpoena Comcast Cable, the internet service provider.
The court granted the request after finding that Strike 3 showed good cause under four factors for early discovery. The subpoena may seek the Doe defendant’s true name and addresses, and the order gives that person time to challenge the subpoena.
The order also requires the information to remain confidential while the Doe defendant may ask to proceed anonymously. Judge Edward M. Chen issued the order on May 24, 2022, and it disposed of the discovery motion.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.6.45.29 · No. 3:22-cv-02846
- Edward Chen
- May 24, 2022
Background
Strike 3 Holdings, LLC alleged that the person using IP address 24.6.45.29 infringed its copyrights in 24 adult motion pictures over an extended period. Strike 3 said it had been unable to identify the individual associated with the IP address. It asked for permission to serve a subpoena—a legal demand for information—on non-party Comcast Cable, the internet service provider, to learn the Doe defendant’s identity.
Court’s analysis
The court considered whether Strike 3 had shown “good cause” for discovery before the parties’ required discovery-planning conference. Courts examine whether the plaintiff:
- Identified the Doe defendant specifically enough to show that the defendant is a real person who can be sued in federal court;
- Described the steps taken to locate and identify the defendant;
- Showed that the case could withstand a motion asking the court to dismiss it; and
- Showed that the requested discovery was reasonably likely to produce information allowing the defendant to be served.
The court found that Strike 3 made a sufficient showing on all four factors. It therefore found good cause to allow early discovery through a third-party subpoena to Comcast.
Protective order and ruling
Because the ISP subscriber might be an innocent third party and the case involved sensitive personal matters, the court entered a limited protective order. Information about the Doe defendant released to Strike 3 must be treated as confidential. Strike 3 may not publicly disclose it until the Doe defendant has had an opportunity to ask to proceed anonymously and the court has ruled on that request. If the Doe defendant does not file such a request within 30 days after the information is disclosed to Strike 3’s counsel, the limited protective order will expire. Identifying information included in an anonymity request may be filed under seal.
Judge Edward M. Chen granted Strike 3 Holdings’s motion for expedited discovery. Strike 3 may immediately serve Comcast with a Rule 45 subpoena, with a copy of the order attached, seeking the Doe defendant’s true name and addresses. Comcast must notify the Doe defendant within 30 days after being served. The Doe defendant then has 30 days after receiving notice to challenge, quash, or modify the subpoena. The subpoenaed entity must preserve the requested information while any timely challenge is pending. The information may be used only to protect Strike 3’s rights described in its complaint. The order disposed of Docket No. 8.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.