Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.47.187.2
- Thomas Hixson
- 3:22-cv-09025
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson allowed subpoenas to identify the subscriber without deciding the claims.
Strike 3 Holdings may seek the subscriber’s name and address from Comcast Cable and potentially other identified Internet service providers. The subscriber may receive notice and challenge the subpoena within the stated period; the providers must preserve the information and file personal identifying information under seal.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by Internet Protocol address 98.47.187.2, and asked to subpoena Comcast Cable for the subscriber’s name and address before the parties’ required early case-management meeting.
The court found good cause and granted Strike 3 Holdings’ request. It allowed subpoenas to Comcast and, if identified, other Internet service providers. The providers must notify the subscriber, who has 30 days to challenge a subpoena. The court did not decide the claims against John Doe.
Judge Thomas S. Hixson ordered the providers to preserve the requested information, required personal identifying information to be filed under seal, and limited Strike 3 Holdings’ use of the information to protecting and enforcing the rights described in its complaint.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.47.187.2 · No. 3:22-cv-09025
- Thomas Hixson
- Jan. 5, 2023
Background
Strike 3 Holdings, LLC filed an ex parte application—an application made without the usual prior participation of the opposing party—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 sought the true name and address of the defendant associated with Internet Protocol address 98.47.187.2.
Ruling
The court found that Strike 3 Holdings had shown “good cause” to serve Comcast Cable, which the order calls the Internet service provider. The court granted permission to serve Comcast with a Rule 45 subpoena requiring it to provide the defendant’s name and address. Strike 3 Holdings also may serve the same type of subpoena on another service provider identified in response to a subpoena as providing Internet services to one of the defendants.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires it to follow 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber by sending a copy of the order. The provider must serve the subpoena and order on the subscriber within 30 days after service on the provider. The subscriber and the provider then have 30 days after service to file a motion challenging the subpoena, including a motion to quash or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information.
The provider must preserve the subpoenaed information while awaiting production or resolution of a timely challenge. Any name or other personal identifying information concerning a current or proposed defendant must be filed under seal. Strike 3 Holdings may use information obtained through the subpoena only to protect and enforce the rights described in its complaint.
Effect of the Order
This was an order about obtaining identifying information through discovery. It did not decide the underlying claims against John Doe. Judge Thomas S. Hixson signed the order as a United States magistrate judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.