Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.15.160.20
- Vince Chhabria
- 3:22-cv-07267
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Chhabria allowed early subpoenas to identify the defendant but limited disclosure and use of information.
Strike 3 Holdings, LLC could seek identifying information about John Doe from Comcast Cable and other identified internet service providers. John Doe was entitled to notice if the statutory cable-operator provision applied, and the information could be used only for the purposes specified in the order.
What happened
Strike 3 Holdings, LLC asked to serve a subpoena on Comcast before the parties held their required initial discovery conference. The subpoena sought the name and address of the person assigned to the listed internet address.
The court found good cause and authorized the subpoena. Strike 3 Holdings could also subpoena another internet provider identified in a response. If Comcast qualified as a cable operator, it had to notify the subscriber by sending a copy of the order. Strike 3 Holdings could use the information only to protect and enforce the rights described in its complaint.
Judge Vince Chhabria issued the order on December 2, 2022. The order addressed early discovery and identification of the defendant; it did not decide the underlying claims.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.15.160.20 · No. 3:22-cv-07267
- Vince Chhabria
- Dec. 2, 2022
Background
Strike 3 Holdings, LLC filed an ex parte application for permission to serve a third-party subpoena before the parties' conference required by Federal Rule of Civil Procedure 26(f). The proposed subpoena was directed to Comcast Cable, identified as the internet service provider, and sought the true name and address of the defendant associated with the internet address listed in the complaint.
Ruling
The court found that Strike 3 Holdings had established good cause to serve the subpoena. The order authorized Strike 3 Holdings to serve Comcast with a Rule 45 subpoena seeking the defendant's true name and address, provided that Strike 3 Holdings attached a copy of the order.
The order also authorized Strike 3 Holdings to serve the same type of subpoena on any service provider identified in a subpoena response as providing internet service to one of the defendants. If Comcast qualified as a cable operator under 47 U.S.C. § 522(5), it had to comply with 47 U.S.C. § 551(c)(2)(B) by notifying the subscriber of the court order through a copy sent to the defendant.
Strike 3 Holdings could use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint. The order did not decide the merits of Strike 3 Holdings' claims against John Doe.
Effect of the Order
This was an early-discovery order. It permitted Strike 3 Holdings to seek identifying information from internet service providers before the Rule 26(f) conference, subject to notice and use restrictions. Judge Vince Chhabria signed the order on December 2, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.