Strike 3 Holdings v. John Doe subscriber assigned IP address 73.158.152.168
- Donna Ryu
- 4:22-cv-04584
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Ryu allowed Strike 3 to subpoena Comcast for the unidentified subscriber’s name and address, subject to notice and challenges.
Strike 3 Holdings, LLC, the unidentified subscriber associated with IP address 73.158.152.168, Comcast Cable, and any other internet service provider identified through the subpoena process.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 73.158.152.168 and asked to issue a subpoena to Comcast before the parties’ required early case conference. Strike 3 said it needed the subscriber’s identifying information.
The court found good cause and allowed Strike 3 to serve Comcast with a subpoena seeking the defendant’s true name and address. Strike 3 could also subpoena another internet provider identified through the responses. The information could be used only to protect and enforce Strike 3’s rights in this case.
The order required Comcast to notify the subscriber and provide copies of the subpoena and order within 30 days. The subscriber and Comcast each had 30 days to challenge the subpoena, including by asking the court to cancel or change it. Judge Donna Ryu also required personal identifying information to be filed under seal.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 73.158.152.168 · No. 4:22-cv-04584
- Donna Ryu
- Sept. 13, 2022
Background
Strike 3 Holdings, LLC filed an application asking for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena would be directed to Comcast Cable, identified in the order as the internet service provider, and would seek the true name and address of the defendant associated with the IP address listed in the complaint.
Court’s Analysis and Order
The court found that Strike 3 had shown “good cause” to serve the subpoena. The court allowed Strike 3 to serve Comcast with a subpoena under Rule 45, provided that Strike 3 attached a copy of the order. The court also allowed Strike 3 to serve the same kind of subpoena on any other internet service provider identified in a response as providing internet service 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), including notifying the subscriber by sending the subscriber a copy of the order. More generally, Comcast had to serve the subscriber with copies of both the subpoena and the order within 30 days after the subpoena was served. The subscriber and Comcast each had 30 days after service to file a motion challenging the subpoena, including a motion to cancel or modify it. If no timely challenge was filed, Comcast would have 10 days to provide the responsive information to Strike 3. Comcast also had to preserve the information while awaiting production or resolution of a timely challenge.
Disposition and Other Conditions
The court allowed the requested early subpoena process and limited Strike 3’s use of the disclosed information to protecting and enforcing its rights under the complaint. The court ordered that any name or other personally identifying information of a current or proposed defendant be filed under seal. The order further stated that, if substantive motions were filed, the court might require the defendant to seek permission to proceed anonymously. Judge Donna Ryu entered the order on September 13, 2022.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.