Strike 3 Holdings v. John Doe subscriber assigned IP address 98.207.127.207
- Joseph Spero
- 3:22-cv-02830
- 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 IP address in a copyright case.
Strike 3 Holdings, LLC may seek the identity and address of the subscriber associated with IP address 98.207.127.207. Comcast and any other identified internet service provider must provide notice, preserve responsive information, and potentially produce it. The subscriber and each provider may challenge the subpoena within the time allowed by the order.
What happened
Strike 3 Holdings, LLC sued a John Doe subscriber associated with IP address 98.207.127.207 and asked to identify that person before the parties’ required early case conference.
The court granted Strike 3’s application to serve a subpoena on Comcast Cable Communications, Inc. Comcast must provide the subscriber’s true name and address. The order also allows subpoenas to other internet providers identified in response. Subscribers and providers have 30 days after service to challenge a subpoena, and the provider must produce the information 10 days after that period ends if no challenge is filed.
Judge Joseph C. Spero also ordered the providers to notify subscribers, preserve the requested information, and keep identifying information sealed. Strike 3 may use any disclosed information only to protect its rights under the Copyright Act.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 98.207.127.207 · No. 3:22-cv-02830
- Joseph Spero
- June 1, 2022
Background
Strike 3 Holdings, LLC asked the court 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 information from Comcast Cable Communications, Inc. identifying the person to whom Comcast assigned IP address 98.207.127.207.
Ruling
The court found that Strike 3 had shown good cause and granted the application. It authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address. It also authorized Strike 3 to serve the same type of subpoena on any other internet service provider identified in response as providing internet service to the defendant.
The court determined that the authorized subpoenas qualified as court orders permitting disclosure under 47 U.S.C. § 551. Each internet service provider must serve the affected subscriber with the subpoena and this order within 30 days after receiving the subpoena. The subscriber or provider then has 30 days after service to file a motion challenging the subpoena, including a motion to cancel or change it. If no challenge is filed during the applicable 30-day period, the provider has 10 days to produce the responsive information.
Additional Conditions
The providers must preserve the subpoenaed information while awaiting production or resolution of a timely challenge. Strike 3 may use information disclosed in response to a subpoena only to protect its rights under the Copyright Act. Any name or other identifying information concerning a current or proposed defendant, or another subscriber identified through a subpoena, must be filed under seal and not otherwise disclosed.
Disposition
Judge Joseph C. Spero granted Strike 3 Holdings, LLC’s application to serve the authorized subpoenas. The order addressed discovery of the subscriber’s identity and imposed notice, challenge, preservation, use, and sealing requirements.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.