Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.241.180.21
- Thomas Hixson
- 3:23-cv-00246
- U.S. District Court · Northern District of California
- 2
Strike 3 Holdings v. John Doe, Judge Hixson granted permission to subpoena Comcast for the defendant’s name and address before the parties’ required conference.
Strike 3 Holdings, LLC may seek the defendant’s identifying information from Comcast Cable and other identified Internet service providers. The John Doe subscriber may receive notice and challenge the subpoena, and the providers must preserve and handle the information as the order directs.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.241.180.21, Strike 3 asked to subpoena Comcast before the parties held their required early case-management conference. The court found that Strike 3 had shown a sufficient reason to do so.
The order allows Strike 3 to serve Comcast with a subpoena seeking the name and address of the subscriber assigned the listed Internet address. It also allows subpoenas to other Internet providers identified in response. The provider must notify the subscriber, who may challenge the subpoena within 30 days.
The order limits use of the information to protecting and enforcing the rights described in the complaint, requires preservation of the information, and requires identifying information to be filed confidentially. Judge Thomas S. Hixson granted the motion.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.241.180.21 · No. 3:23-cv-00246
- Thomas Hixson
- Feb. 15, 2023
Background
Strike 3 Holdings, LLC applied for permission to serve a subpoena on Comcast Cable before the parties’ Rule 26(f) conference. The defendant is identified in the caption as John Doe Subscriber Assigned IP Address 73.241.180.21. The court stated that Strike 3 had established “good cause,” meaning a sufficient reason, for early discovery.
Order
The court granted the application. Strike 3 may serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking the defendant’s true name and address associated with the Internet address listed in Exhibit A to the complaint. A copy of the order must accompany the subpoena.
Strike 3 may also serve the same type of subpoena on another Internet 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), it must follow 47 U.S.C. § 551(c)(2)(B). Under that provision, disclosure of identifying information pursuant to a court order is allowed if the subscriber is notified of the order. The provider must serve the subscriber with copies of the subpoena and this order within 30 days after the subpoena is served. The provider may use any reasonable method, including first-class mail or overnight service to the subscriber’s last known address.
Subscriber protections and limits
The subscriber and the provider each 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 motion to quash.
Strike 3 may use information obtained through the subpoena only to protect and enforce the rights described in its complaint. Any name or other identifying information of a current or proposed defendant must be filed under seal, meaning it is kept from public view.
Disposition
Judge Thomas S. Hixson granted Strike 3’s ex parte motion for leave to serve a third-party subpoena before a Rule 26(f) conference. The order concerns early discovery and does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.