Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.37.161.211
- Virginia Demarchi
- 5:22-cv-04028
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi allowed Strike 3 to subpoena Comcast for the subscriber’s identity.
Strike 3 Holdings may seek the John Doe subscriber’s name and address from Comcast through an early subpoena. Comcast must notify the subscriber and may object or seek a protective order; the subscriber’s identifying information is protected from public disclosure absent consent or court permission.
What happened
Strike 3 Holdings asked the court for permission to subpoena Comcast before the parties held their required early case-management meeting. Comcast was the internet provider connected to the listed internet-protocol address, 98.37.161.211.
The court found good cause for early discovery. It allowed Strike 3 to serve a subpoena seeking the subscriber’s true name and address, subject to notice and privacy protections. The order did not decide whether the subscriber infringed copyright.
Judge Demarchi ordered Comcast to notify the subscriber within 30 days after receiving the subpoena. Comcast may object or seek a protective order, and Strike 3 may not publicly disclose identifying information without the subscriber’s consent or the court’s permission.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.37.161.211 · No. 5:22-cv-04028
- Virginia Demarchi
- Aug. 9, 2022
Background
Strike 3 Holdings, LLC asked for permission to serve Comcast Cable with a subpoena before the parties’ Rule 26(f) conference. A Rule 26(f) conference is the early meeting in which parties generally discuss how a civil case will proceed. Comcast was identified as the internet-service provider for the subscriber associated with internet-protocol address 98.37.161.211.
Court’s analysis
The court found that Strike 3 had shown good cause for the early subpoena. The court stated that Strike 3 had shown: (1) enough information to identify a real person or entity who could be sued in federal court; (2) steps it had already taken to locate the defendant; (3) that its lawsuit could withstand a motion to dismiss; and (4) a reasonable likelihood that discovery would identify the defendant so service of process could occur. The court also stated that Strike 3’s application indicated that it had satisfied the copyright-registration requirement for starting an infringement lawsuit.
The court recognized that merely alleging that someone subscribed to an internet-protocol address associated with infringing activity is not enough, by itself, to state a plausible copyright-infringement claim. But, based on the record at this stage, the court concluded that Strike 3 could use limited discovery to determine the defendant’s identity.
Order
The court granted Strike 3’s application. Strike 3 may serve Comcast with a Rule 45 subpoena—a formal demand for information from a nonparty—requiring Comcast to provide the true name and address of the subscriber to whom it assigned 98.37.161.211. Strike 3 must attach the order to the subpoena.
Comcast must serve the subscriber with the subpoena and the order within 30 days after the subpoena is served on Comcast. Comcast may use any reasonable method, including first-class mail or overnight delivery to the subscriber’s last known address. Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint.
Comcast may object to the subpoena and may seek a protective order. If Comcast provides the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court. The order authorized discovery to identify the defendant; it did not resolve copyright-infringement liability.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.