Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.45.164.226
- Beth Freeman
- 5:22-cv-05096
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Van Keulen granted permission to subpoena Comcast for identifying information before the usual discovery conference.
Strike 3 Holdings, LLC, John Doe Subscriber Assigned IP Address 98.45.164.226, and Comcast Cable.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.45.164.226, Strike 3 asked to subpoena Comcast Cable, the internet provider, to identify the defendant before the required discovery conference. The court found good cause to allow the request.
The subpoena may seek only the subscriber’s actual name and address for the specified period. Comcast must notify the subscriber, preserve the information, and withhold disclosure until the deadline for objections or any challenge to the subpoena is resolved. The subscriber may object or ask to change the subpoena and may request permission to continue anonymously.
Judge Susan Van Keulen granted the application subject to those conditions. Strike 3 must obtain separate permission before subpoenaing another internet provider, and it may use disclosed information only to protect its rights in the lawsuit.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.45.164.226 · No. 5:22-cv-05096
- Beth Freeman
- Sept. 29, 2022
Background
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 is identified as the internet service provider for the defendant, John Doe Subscriber Assigned IP Address 98.45.164.226. Strike 3 sought to identify the defendant.
Ruling
The court granted the application after finding good cause. The subpoena may request only the subscriber’s actual name and address for the period beginning 14 days before the first alleged infringing act and ending 14 days after the last alleged infringing act listed in Exhibit A to the complaint. Strike 3 must attach the order to the subpoena and may use information disclosed by Comcast only to protect its rights described in the complaint.
Comcast must serve the subscriber with the subpoena and the order within 14 days after service on Comcast. The subpoena’s return date must be at least 45 days after service on Comcast. Comcast may not disclose identifying information before that date or before any motion to quash or modify the subpoena is resolved. The subscriber has 30 days after service to file a motion contesting the subpoena in the court district where compliance is required.
Comcast must preserve subpoenaed information while any timely motion to quash or modify is pending. If Comcast provides identifying information to Strike 3, Strike 3 may not publicly disclose it until the subscriber has had an opportunity to ask to proceed anonymously and the court has ruled on that request. If the subscriber does not seek permission to proceed anonymously within 30 days after disclosure, the limited protective order will expire. The court also explained procedures for sealing filings that contain identifying information.
Finally, the court denied permission to subpoena any other internet provider automatically identified through the Comcast subpoena; Strike 3 must seek separate permission for any additional provider. The order does not decide the underlying infringement claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.