Strike 3 Holdings v. John Doe subscriber assigned IP address 24.130.167.102
- Virginia Demarchi
- 5:22-cv-02881
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Demarchi granted Strike 3’s request to subpoena Comcast for the subscriber’s identity.
Strike 3 Holdings, LLC may seek the identity and address of the subscriber assigned the specified internet protocol address from Comcast Cable; Comcast and the subscriber may object to or seek protection from the subpoena.
What happened
Strike 3 Holdings, LLC sued a defendant identified only by the internet protocol address 24.130.167.102 and asked to subpoena Comcast Cable before the parties’ required early case meeting.
The court found good cause for early discovery, including that Strike 3 had taken steps to locate the defendant and showed a reasonable chance of identifying the person through Comcast. The court also noted that merely being the subscriber assigned an internet protocol address does not by itself establish copyright infringement, but allowed limited discovery at this stage.
Judge Virginia K. Demarchi granted the application. Strike 3 may subpoena Comcast for the subscriber’s true name and address, while Comcast may object or seek a protective order. Strike 3 may use the information only to protect and enforce the rights described in its complaint and may not publicly disclose it without the subscriber’s consent or court permission.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 24.130.167.102 · No. 5:22-cv-02881
- Virginia Demarchi
- June 2, 2022
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable before the parties held the conference required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider for the subscriber assigned internet protocol address 24.130.167.102.
Court’s analysis
The court found good cause for early discovery. It concluded that Strike 3 had identified the defendant with enough specificity for the court to determine that the defendant was a real person or entity who could be sued in federal court; identified steps already taken to locate the defendant; shown that its lawsuit could withstand a motion to dismiss; and shown a reasonable likelihood that discovery would identify the defendant so service could be made. The court also noted that Strike 3 had satisfied the copyright-registration requirements for starting a copyright-infringement lawsuit.
The court cautioned that a bare allegation that someone is the subscriber assigned an internet protocol address associated with infringing activity is not enough, by itself, to plausibly plead direct or contributory copyright infringement. Nevertheless, based on the record at this stage, the court found that Strike 3 could conduct discovery to learn the defendant’s identity.
Order
The court granted Strike 3’s application. Strike 3 may serve Comcast with a subpoena under Rule 45 requiring Comcast to provide the subscriber’s true name and address. Strike 3 must attach the order to the subpoena.
Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on Comcast. Comcast may use any reasonable method, including first-class mail or overnight service to the subscriber’s last known address. Comcast may object to the subpoena and may seek a protective order.
Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. If Comcast provides the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court. Judge Virginia K. Demarchi entered the order on June 2, 2022.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.