Strike 3 Holdings v. John Doe subscriber assigned IP address 73.162.174.211
- Jeffrey White
- 4:22-cv-03350
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge White authorized early subpoenas to identify the subscriber linked to an IP address, with notice and challenge protections.
Strike 3 Holdings, LLC may seek the identity and address of the John Doe subscriber from Comcast and any later-identified internet service provider. The subscriber and the providers receive notice and may challenge the subpoenas.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast before the parties’ usual early-case meeting. It sought the true name and address of the subscriber assigned IP address 73.162.174.211.
The court found good cause for early discovery. It authorized subpoenas to Comcast and to any later-identified internet provider serving the defendant, but only for the defendant’s name and address.
The order requires notice to the subscriber and gives the subscriber and internet providers 30 days to challenge a subpoena. Judge Jeffrey White also required preservation of the information, limited its use to protecting copyright rights, and required filings containing identifying information to be sealed.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 73.162.174.211 · No. 4:22-cv-03350
- Jeffrey White
- July 11, 2022
Background
Strike 3 Holdings, LLC sought permission, before the parties’ required Rule 26(f) conference, to serve a subpoena on Comcast IP Services L.L.P. The subpoena concerned the subscriber to whom Comcast assigned IP address 73.162.174.211. The court found that Strike 3 had shown good cause for this early discovery.
Order
The court authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking only the defendant’s true name and address. Strike 3 must attach the order to the subpoena. The court also authorized subpoenas to any other internet service provider identified in response as providing internet services to the defendant.
The order treats the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551(c)(2)(B). Each internet service provider must notify each affected subscriber within 30 days after being served, providing copies of the subpoena and this order. The subscriber and the provider each have 30 days after service to file a motion challenging 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.
Each provider must preserve the subpoenaed information while awaiting production or the final resolution of a timely motion to quash. Strike 3 may use information produced under the subpoenas only to protect its rights under the Copyright Act. Documents containing the name or other identifying information of a current or proposed defendant must be filed under seal, following the court’s local sealing procedure. Public redacted filings must conceal only the defendant’s name and other identifying information, while the case caption must continue to use the assigned IP address.
Disposition
The order authorized Strike 3’s requested early subpoenas and established procedures for notice, challenges, preservation, limited use, and sealing. Judge Jeffrey White signed the order on July 11, 2022.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.