Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.164.93.171
- 3:22-cv-07268
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, the court authorized early subpoenas to identify the defendant, with notice and an opportunity to challenge them.
Strike 3 Holdings, LLC, the unidentified subscriber assigned IP address 67.164.93.171, Comcast Cable, and any other internet service provider identified through the subpoena process.
What happened
Strike 3 Holdings, LLC asked to serve Comcast Cable with a subpoena before the parties held their required early case conference. It said the subpoena would seek the name and address of the subscriber assigned the listed internet address.
The court found good cause and allowed Strike 3 Holdings to serve the subpoena, and potentially subpoenas on other internet providers identified in response. The information could be used only to protect and enforce the rights described in the complaint.
The court required notice to the subscriber, gave the subscriber and provider 30 days to challenge the subpoena, and ordered the information preserved while any challenge was pending. The order was signed by the court on December 9, 2022.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.164.93.171 · No. 3:22-cv-07268
- Dec. 9, 2022
Background
Strike 3 Holdings, LLC filed an application asking for permission to serve a subpoena before the parties’ Rule 26(f) conference. The requested 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 protocol address listed in the complaint.
Ruling
The court found that Strike 3 Holdings had shown good cause to obtain the early discovery. It authorized Strike 3 Holdings to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The court also authorized a similar subpoena to any other internet service provider identified in response to the first subpoena.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), the order stated that it could disclose identifying information under 47 U.S.C. § 551(c)(2)(B) pursuant to the court’s order, provided that the subscriber was notified. Strike 3 Holdings could use information obtained through the subpoena only to protect and enforce the rights described in its complaint.
Notice and challenges
The provider must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on the provider. The subscriber and provider each have 30 days after service on them to file a motion challenging the subpoena, including a motion to quash or modify it. If the subscriber does not timely challenge the subpoena, the provider has 10 additional days to produce the responsive information. The provider must preserve the subpoenaed information while awaiting production or resolution of a timely challenge.
The defendant’s name and other identifying information must initially be filed under seal. After service, the court may require the defendant to ask for permission to proceed anonymously. The order authorized discovery and set procedures for notice and challenges; it did not decide the underlying claims in the complaint.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.