Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.126.73.8
- Joseph Spero
- 3:22-cv-03337
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe Subscriber, Judge Spero allowed Strike 3 to subpoena Comcast for the subscriber’s identity.
Strike 3 Holdings, LLC, the defendant identified only as John Doe Subscriber Assigned IP Address 76.126.73.8, Comcast Cable, any other identified internet service provider, and the affected subscriber.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.126.73.8, Strike 3 asked to serve a subpoena before the parties’ required initial conference. Strike 3 said there was good cause to obtain the identity of the person assigned the listed internet address.
The court authorized Strike 3 to subpoena Comcast for the defendant’s true name and address. If another internet provider was identified, Strike 3 could subpoena that provider as well. The providers must notify the affected subscriber, and the subscriber or provider may challenge the subpoena within 30 days.
Judge Spero also required the providers to preserve the requested information, limited its use to protecting Strike 3’s rights under the Copyright Act, and ordered identifying information filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.126.73.8 · No. 3:22-cv-03337
- Joseph Spero
- July 5, 2022
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The proposed subpoena sought information identifying the defendant associated with IP address 76.126.73.8.
Ruling
The court found that Strike 3 had established good cause to serve the subpoena. It authorized Strike 3 to serve Comcast Cable with a Rule 45 subpoena requiring Comcast to provide the defendant’s true name and address. The court also authorized Strike 3 to serve a similar subpoena on any other internet service provider identified in response to a subpoena as providing internet services to the defendant.
The order stated that the authorized subpoenas qualified as court orders permitting disclosure under 47 U.S.C. § 551. Each provider must serve the affected subscriber with copies of the subpoena and order within 30 days after being served. 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.
The providers must preserve the subpoenaed information until they deliver it to Strike 3 or until a timely motion to quash is finally resolved. Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act. The order also requires that any name or other personal identifying information of a current or proposed defendant be filed under seal and not otherwise disclosed.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.