Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.162.13.187
- Virginia Demarchi
- 5:22-cv-03341
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe Subscriber, Judge Demarchi granted an early Comcast subpoena, extended service time, and continued the case-management conference.
Strike 3 Holdings, LLC may subpoena Comcast Cable for the name and address of the subscriber assigned IP address 73.162.13.187. Comcast may notify the subscriber, object to the subpoena, or seek a protective order. The subscriber receives notice and protection against public disclosure of identifying information without consent or court permission.
What happened
Strike 3 Holdings, LLC sued a defendant identified by the internet protocol address 73.162.13.187. Strike 3 asked to subpoena Comcast Cable before the parties’ required initial conference so it could learn the subscriber’s name and address, and asked for more time to serve the lawsuit.
The court found good cause for the early subpoena. It concluded that Strike 3 had shown that the defendant could be identified, that it had taken steps to locate the defendant, that its claims could survive a motion to dismiss at this stage, and that discovery was reasonably likely to identify the defendant.
Judge Demarchi granted the subpoena request, granted the request for more time to serve the summons and complaint, and continued the initial case-management conference to January 10, 2023. Comcast must notify the subscriber, may object or seek a protective order, and Strike 3 may not publicly disclose identifying information without the subscriber’s consent or court permission.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.162.13.187 · No. 5:22-cv-03341
- Virginia Demarchi
- Aug. 31, 2022
Background
This amended order superseded the court’s earlier order at Docket No. 10. Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable before the parties’ conference required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider associated with the subscriber assigned IP address 73.162.13.187. Strike 3 also requested additional time to serve the summons and complaint on the defendant.
Reasoning
The court found that Strike 3 had shown good cause for early discovery. Specifically, the court found that Strike 3 had identified the defendant with enough specificity for the court to determine that the defendant was a real person or entity that could be sued in federal court; described steps already taken to locate the defendant; showed that its action could withstand a motion to dismiss; and demonstrated a reasonable likelihood that discovery would identify the defendant so service could occur.
The court also noted that, after learning the defendant’s identity, Strike 3 could not rely only on an allegation that the registered subscriber of an IP address connected to infringing activity was directly or contributorily liable for copyright infringement. At this stage, however, the court concluded that Strike 3 could seek discovery to determine the defendant’s identity.
Orders
The court granted Strike 3’s application and ordered that:
- Strike 3 may serve Comcast Cable with a subpoena under Federal Rule of Civil Procedure 45 seeking the subscriber’s true name and address. Strike 3 must attach the order to the subpoena. - Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on Comcast. Comcast may use reasonable notice methods, including first-class mail or overnight service 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 identifying information, Strike 3 may not publicly disclose it without the subscriber’s consent or permission from the court.
The court also granted Strike 3’s request for an extension of time to serve the summons and complaint under Rule 4(m). The opinion text provided here cuts off before stating the specific extended deadline. The initial case-management conference, previously set for September 6, 2022, was continued to January 10, 2023, at 1:30 p.m.
Disposition
Judge Virginia K. Demarchi granted Strike 3’s application to serve the subpoena, granted its request to extend the time for service, and continued the initial case-management conference. The order addressed early discovery and case administration; it did not decide whether the defendant committed copyright infringement.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.