Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.14.1.154
- Joseph Spero
- 3:22-cv-09015
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero allowed early subpoenas to identify the defendant from an IP address, with notice and challenge protections.
Strike 3 Holdings, the unidentified subscriber assigned IP address 76.14.1.154, Wave Broadband, and any other internet service providers identified through the subpoenas.
What happened
Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.14.1.154 involved Strike 3 Holdings’ request to serve a subpoena before the parties’ required conference. The request sought information identifying the defendant connected to the listed IP address.
The court found good cause and authorized a subpoena to Wave Broadband for the defendant’s true name and address. It also allowed subpoenas to other internet providers identified through that process. The providers must notify affected subscribers, and subscribers and providers have 30 days to challenge, including by asking the court to cancel or change a subpoena.
The order also required providers to preserve the information, limited its use to protecting Strike 3 Holdings’ rights under the Copyright Act, and required personal identifying information to be filed under seal. Judge Joseph Spero entered the order on January 5, 2023.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.14.1.154 · No. 3:22-cv-09015
- Joseph Spero
- Jan. 5, 2023
Background
Strike 3 Holdings, LLC applied for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. A Rule 26(f) conference is the required early meeting in a civil case about the case’s claims, defenses, and discovery. The requested subpoena sought the true name and address of the defendant to whom Wave Broadband assigned IP address 76.14.1.154.
Court’s Order
The court found that Strike 3 Holdings had shown “good cause” to seek the information before the Rule 26(f) conference. It authorized Strike 3 Holdings to serve Wave Broadband with a subpoena under Federal Rule of Civil Procedure 45. The subpoena must include a copy of the order.
The court also authorized subpoenas to any other internet service provider identified in response to a subpoena as providing internet services to the defendant. The order treated the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551, subject to the statute’s requirements.
Notice and Challenges
Each internet service provider has 30 days after being served to notify each subscriber whose information is requested and provide the subscriber with copies of the subpoena and order. Each subscriber and provider then has 30 days after service on that person or entity to file a motion contesting 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 providers must preserve the subpoenaed information while awaiting production or final resolution of a timely motion to quash. Strike 3 Holdings may use information disclosed under the subpoenas only to protect its rights under the Copyright Act. Any name or other personal identifying information of a current or proposed defendant must be filed under seal and not otherwise disclosed.
Disposition
The court granted Strike 3 Holdings’ ex parte application for leave to serve a subpoena before the Rule 26(f) conference. The order did not decide the underlying copyright dispute. Judge Joseph Spero signed the order on January 5, 2023.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.