Strike 3 Holdings v. John Doe subscriber assigned IP address 73.170.252.115
- Haywood Gilliam
- 4:22-cv-02239
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Gilliam allowed a subpoena seeking the subscriber’s identity, with notice, challenge, and confidentiality protections.
Strike 3 Holdings, LLC may seek the identity and address of the John Doe defendant through subpoenas to Comcast Cable and potentially other internet-service providers. The defendant and any affected subscribers receive notice and 30 days to challenge a subpoena, while released identifying information is temporarily protected from public disclosure.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 73.170.252.115 and asked to learn the defendant’s name and address before the usual early case-management conference. The opinion says the defendant might not be the person who infringed Strike 3’s copyright.
The court found good cause for Strike 3 to subpoena Comcast Cable, the internet provider, under a federal discovery rule. The subpoena may seek the subscriber’s true name and address, and Strike 3 may issue similar subpoenas to other internet providers identified in the response.
The court granted the application, ordered notice to affected subscribers, and allowed 30 days to challenge the subpoena. Judge Haywood Gilliam also ordered that any identifying information be kept confidential unless the defendant has had a chance to ask to proceed anonymously.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 73.170.252.115 · No. 4:22-cv-02239
- Haywood Gilliam
- June 16, 2022
Background
Strike 3 Holdings, LLC asked for permission to serve a subpoena on Comcast Cable before the parties’ required conference under Federal Rule of Civil Procedure 26(f). The subpoena sought the true name and address of John Doe Subscriber Assigned IP Address 73.170.252.115, the defendant identified in the complaint and case caption.
The order notes that an internet-service subscriber may not be the individual who infringed Strike 3’s copyright. It also recognizes the potential embarrassment from being publicly accused of illegally downloading adult motion pictures.
Ruling
The court granted Strike 3’s ex parte application for leave to serve a subpoena before the Rule 26(f) conference. It found that Strike 3 had shown “good cause” to serve a subpoena under Rule 45.
The order permits Strike 3 to serve Comcast Cable with a Rule 45 subpoena seeking the defendant’s true name and address. Strike 3 must attach the order to the subpoena. If the subpoena identifies another internet-service provider, Strike 3 may serve that provider in the same manner.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), it must follow 47 U.S.C. § 551(c)(2)(B), which permits disclosure of personal identifying information under a court order if the subscriber is notified. Each internet-service provider has 30 days after service to notify each subscriber whose information is sought by providing the subpoena and this order.
Each subscriber and each internet-service provider has 30 days after service to file a motion challenging the subpoena, including a motion to quash or modify it. If no challenge is filed during that period, the provider has 10 days to produce the responsive information to Strike 3.
Protective order
The court also issued a limited protective order under Rule 26(c). Any name or other identifying information released to Strike 3 must be treated as confidential and may not be publicly disclosed until the defendant has had an opportunity to ask to proceed anonymously and the court has ruled on that request. If the defendant does not file that request within 30 days after the information is disclosed to Strike 3, the limited protective order expires.
The order concerns early discovery and confidentiality. It does not determine whether John Doe infringed Strike 3’s copyright.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.