Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.126.213.62
- Kandis Westmore
- 4:22-cv-03998
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Westmore allowed early subpoenas to identify an internet subscriber, subject to notice and opportunities to challenge them.
Strike 3 Holdings, LLC, the unidentified defendant, Comcast Cable, any other internet service provider identified through the subpoenas, and subscribers whose identifying information is sought.
What happened
Strike 3 Holdings, LLC asked the court for permission to subpoena Comcast Cable before the parties held their required early case-management conference. The company sought the subscriber’s true name and address.
The court found good cause and authorized Strike 3 to serve Comcast with a subpoena seeking only that identifying information. The order also permits subpoenas to other internet providers identified through the first subpoena.
The order requires notice to affected subscribers, gives subscribers and providers 30 days to challenge a subpoena, and limits use of disclosed information to protecting rights under the Copyright Act. Judge Westmore also required identifying documents to be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.126.213.62 · No. 4:22-cv-03998
- Kandis Westmore
- Aug. 5, 2022
Background
Strike 3 Holdings, LLC filed an ex parte motion—meaning a request made without waiting for the opposing party to participate—for permission to serve a subpoena before the parties’ Rule 26(f) conference. The requested subpoena concerned Comcast Cable, identified as the initial internet service provider, and sought the true name and address of the defendant associated with the listed internet protocol address.
Ruling
The court found that Strike 3 had shown good cause and authorized it to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The subpoena may seek only the defendant’s true name and address, and Strike 3 must attach the order to the subpoena. The order also authorizes subpoenas to any other internet service provider identified in response as providing internet service to the defendant.
Notice and limits
The order states that the authorized subpoenas qualify as court orders permitting disclosure under 47 U.S.C. § 551, provided the subscriber is notified. Each provider has 30 days after service to notify each affected subscriber by reasonable means and provide the subscriber with the subpoena and this order. Each subscriber and provider then 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. Providers must preserve the subpoenaed information while a timely challenge is pending or until the information is delivered.
The order limits any disclosed information to use in protecting Strike 3’s rights under the Copyright Act. Documents containing the name or other personal identifying information of a current or proposed defendant must be filed under seal, following the court’s local sealing procedure.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.