Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.92.208.65
- Haywood Gilliam
- 4:22-cv-05072
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Gilliam granted a subpoena application to identify the subscriber, subject to notice, challenges, and confidentiality protections.
Strike 3 Holdings, LLC may seek the subscriber’s name and address from AT&T U-verse or another identified internet service provider. The affected subscriber and provider may receive notice and challenge the subpoena, and any identifying information disclosed is subject to the order’s confidentiality requirements.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 99.92.208.65 and asked to serve AT&T U-verse with a subpoena before the parties’ required initial conference. Strike 3 said the internet provider could identify the subscriber connected to the listed internet address.
The court found good cause and allowed Strike 3 to serve a subpoena seeking the defendant’s true name and address. Strike 3 may also subpoena another internet provider identified in the response. The providers must notify the affected subscriber, who may challenge or seek to change the subpoena within 30 days.
Judge Haywood S. Gilliam, Jr. also ordered that any identifying information disclosed remain confidential until the defendant has had an opportunity to ask to proceed anonymously. The order did not determine whether the subscriber infringed Strike 3’s copyright; it authorized the early subpoena and set procedures for notice, challenges, and disclosure.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.92.208.65 · No. 4:22-cv-05072
- Haywood Gilliam
- Oct. 17, 2022
Background
Strike 3 Holdings, LLC applied for permission to serve a third-party subpoena before the parties held the conference generally required by Federal Rule of Civil Procedure 26(f). The requested subpoena sought information from AT&T U-verse, identified as the internet service provider, about the subscriber assigned the internet protocol address listed in the complaint and case caption.
Ruling
The court found that Strike 3 had shown “good cause” to serve the subpoena under Federal Rule of Civil Procedure 45. The court granted the application and allowed Strike 3 to subpoena the provider for the defendant’s true name and address. Strike 3 must attach the order to the subpoena. It may also serve a similar subpoena on any other internet service provider identified in response to the first subpoena.
If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires compliance with the notice provision in 47 U.S.C. § 551(c)(2)(B), which permits disclosure under a court order if the subscriber is notified. Each provider has 30 days after service to give the affected subscriber a copy of the subpoena and order. The subscriber or provider then has 30 days after service on the subscriber to file a motion contesting the subpoena, including a motion to cancel or change it. If no one contests the subpoena during that period, the provider has 10 days to produce the responsive information.
Confidentiality Protections
The court issued a limited protective order because the subscriber may not be the person who infringed Strike 3’s copyright and because of the embarrassment that could result from a public accusation involving illegally downloaded adult motion pictures. Any name or other identifying information released to Strike 3 must remain confidential and may not be publicly disclosed until the defendant has had an opportunity to ask to proceed anonymously and the court rules on that request. If the defendant does not file that request within 30 days after the information is disclosed, the limited protective order expires.
Disposition
Judge Haywood S. Gilliam, Jr. ordered that the ex parte application for leave to serve a third-party subpoena be granted. The order authorized early identification procedures but did not decide whether the subscriber infringed Strike 3’s copyright.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.