Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.35.246.86
- Joseph Spero
- 3:23-cv-00257
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero authorized early subpoenas to identify the defendant from Comcast and other internet providers.
Strike 3 Holdings, LLC, the unidentified defendant associated with IP address 98.35.246.86, Comcast Cable, and any other internet-service providers identified through the subpoenas.
What happened
Strike 3 Holdings, LLC asked the Northern District of California for permission to subpoena Comcast before the parties held their required early case-management conference. The subpoena sought the name and address of the person connected to IP address 98.35.246.86.
The court granted the application and found good cause for the early subpoena. It also allowed subpoenas to other internet providers identified through the process, required notice to affected subscribers, and gave subscribers and providers 30 days to challenge a subpoena.
Judge Joseph C. Spero ordered the providers to preserve the requested information and, absent a timely challenge, produce it to Strike 3 Holdings. The information could be used only to protect Strike 3 Holdings’ rights under the Copyright Act, and filings identifying a current or proposed defendant had to be made under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.35.246.86 · No. 3:23-cv-00257
- Joseph Spero
- Feb. 13, 2023
Background
Strike 3 Holdings, LLC applied without advance notice to the opposing party for permission to serve a third-party subpoena before the parties’ required Rule 26(f) conference. The requested subpoena was directed to Comcast Cable and sought the true name and address of the defendant associated with IP address 98.35.246.86.
Court’s ruling
The court granted the application. It found that Strike 3 Holdings had shown “good cause” to serve the subpoena early. The court authorized Strike 3 Holdings to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45, attaching a copy of the order. It also authorized subpoenas to any other internet-service provider identified in response as a provider of internet services to the defendant.
The order treated the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551. Each provider had 30 days after service to give each affected subscriber a copy of the subpoena and the order. Each subscriber and provider then had 30 days after service on that person or entity to file a motion challenging the subpoena, including a motion to quash or modify it. If that period expired without a challenge, the provider had 10 days to produce the responsive information to Strike 3 Holdings.
Each provider had to preserve the requested information until it delivered the information to Strike 3 Holdings or a timely challenge was finally resolved. Strike 3 Holdings could use information produced under the subpoenas only to protect its rights under the Copyright Act. Filings containing the identity of a current or proposed defendant had to be made under seal and not otherwise disclosed.
Effect of the order
This was a discovery order allowing Strike 3 Holdings to seek identifying information before the usual Rule 26(f) conference. The opinion did not decide whether the John Doe defendant infringed a copyright or resolve the underlying copyright dispute. Judge Joseph C. Spero signed the order on February 13, 2023.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.