Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.162.60.156
- Donna Ryu
- 4:22-cv-03305
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Ryu allowed a subpoena to identify the subscriber linked to an IP address, subject to notice and challenge rights.
Strike 3 Holdings, LLC, the John Doe subscriber assigned IP address 73.162.60.156, Comcast Cable, and any later-identified internet service provider subject to a subpoena.
What happened
Strike 3 Holdings, LLC asked to serve a subpoena on Comcast Cable before the parties held their required early case conference. The subpoena sought the true name and address of the subscriber connected to IP address 73.162.60.156.
The court found good cause and allowed Strike 3 Holdings to serve Comcast with the subpoena. It also allowed subpoenas to later-identified internet providers connected to a defendant. The information could be used only to protect and enforce the rights described in the complaint.
Judge Donna M. Ryu required the provider to notify the subscriber and give the subscriber and provider 30 days to challenge the subpoena. If no challenge was filed, the provider would have 10 days to produce the requested information, while preserving it in the meantime.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.162.60.156 · No. 4:22-cv-03305
- Donna Ryu
- July 12, 2022
Background
Strike 3 Holdings, LLC filed an ex parte application asking for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The requested subpoena concerned Comcast Cable, identified as the internet service provider, and sought 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 Holdings had shown good cause and authorized it to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The subpoena had to include a copy of the order. The court also authorized Strike 3 Holdings to serve the same type of subpoena on any service provider identified in response as providing internet services to one of the defendants.
If Comcast qualified as a cable operator under 47 U.S.C. § 522(5), the order required it to follow 47 U.S.C. § 551(c)(2)(B). That provision permits disclosure of personally identifying information under a court order when the subscriber is notified. The provider therefore had to serve the subscriber with copies of the subpoena and the order within 30 days after the subpoena was served on the provider.
Limits and Procedure
Strike 3 Holdings could use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. Each subscriber and the provider had 30 days after service on the subscriber to file a motion challenging the subpoena, including a motion to cancel or modify it. If that period expired without a challenge, the provider had 10 days to produce the responsive information. The provider also had to preserve the subpoenaed information while awaiting production or resolution of a timely challenge.
The order required the names and other identifying information of current or proposed defendants to be filed under seal. It further stated that, if substantive motions were filed, the court might require the defendant to ask for permission to proceed anonymously. The order was signed by Donna M. Ryu, United States Magistrate Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.