Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.42.130.181
- Susan Illston
- 3:22-cv-03328
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Illston granted an early subpoena to identify the defendant from Comcast’s records.
Strike 3 Holdings, LLC may seek John Doe’s identifying information from Comcast Cable. Comcast must notify John Doe and preserve the requested information, while John Doe may challenge the subpoena.
What happened
Strike 3 Holdings, LLC asked to serve Comcast Cable with a subpoena before the parties held the required early case conference. The subpoena sought the true name and address of John Doe, whom Comcast had assigned the listed internet address.
The court found good cause and granted the request. Strike 3 may use a records-demand subpoena to Comcast, but it must attach the court’s order and may use any information received only to protect its rights under the Copyright Act.
Judge Susan Illston also required Comcast to notify John Doe, who has 30 days after receiving notice to challenge the subpoena, including by asking the court to cancel or change it. This order did not decide whether copyright infringement occurred.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.42.130.181 · No. 3:22-cv-03328
- Susan Illston
- July 7, 2022
Background
Strike 3 Holdings, LLC applied for permission to serve Comcast Cable, identified in the order as the internet service provider, with a Rule 45 subpoena before the Rule 26(f) conference. A Rule 45 subpoena is a formal demand for information from a person or entity that is not a party to the case. The requested information was the true name and address of the defendant to whom Comcast assigned the IP address listed in Exhibit A to the complaint.
Ruling
The court found that Strike 3 had shown good cause and granted its ex parte application. Strike 3 may serve Comcast with the subpoena, and it must attach a copy of the order. Comcast must serve John Doe with the subpoena and the order within 20 days after being served. John Doe then has 30 days after service to file a motion challenging the subpoena, including a motion to cancel or modify it.
The subpoenaed entity must preserve the subpoenaed information while awaiting delivery to Strike 3 or final resolution of a timely filed and granted motion to cancel the subpoena concerning that information. Any information disclosed may be used only to protect Strike 3’s rights under the Copyright Act. Strike 3 must serve John Doe with the summons, complaint, and other required documents within 120 days after learning John Doe’s identity. If the case continues after service, the parties must discuss whether a protective order is appropriate.
Effect of the Order
This was an early discovery and identification order. It did not determine whether John Doe infringed copyright or resolve the underlying case. The ruling was issued by Judge Susan Illston.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.