Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.37.135.104
- Thomas Hixson
- 3:23-cv-00264
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson allowed a subpoena to Comcast before a Rule 26(f) conference.
Strike 3 Holdings, LLC may seek the defendant’s name and address from Comcast Cable and potentially other identified internet service providers. The John Doe subscriber and any affected provider receive notice and may challenge the subpoena within 30 days. Defendant-identifying information must be filed under seal.
What happened
Strike 3 Holdings, LLC asked to identify the person connected to the internet address listed in its complaint. The request sought permission to subpoena Comcast Cable before the parties held a required early-case conference.
The court found good cause and granted the request. Strike 3 may subpoena Comcast for the defendant’s true name and address, and may issue similar subpoenas to other internet providers identified through the process. The information may be used only to protect and enforce the rights described in the complaint.
The order requires notice to the subscriber, gives the subscriber and provider 30 days to challenge the subpoena, and requires the provider to preserve the information. Judge Hixson also ordered that identifying information be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.37.135.104 · No. 3:23-cv-00264
- Thomas Hixson
- Feb. 15, 2023
Background
Strike 3 Holdings, LLC filed an application 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 was directed to Comcast Cable, identified in the order as the internet service provider, and sought the true name and address of the defendant associated with the internet protocol address listed in Exhibit A to the complaint.
Ruling
The court found that Strike 3 had shown “good cause” and granted the application. The order authorizes Strike 3 to serve Comcast with a subpoena under Rule 45. Strike 3 must attach a copy of the order to the subpoena.
The order also allows Strike 3 to serve a similar Rule 45 subpoena on any service provider identified in response to a subpoena as providing internet services to one of the defendants. Strike 3 may use information obtained from a subpoena served on Comcast only to protect and enforce the rights described in the complaint.
Notice and challenges
If Comcast qualifies as a cable operator under the cited federal statute, it must comply with the statute’s requirement that the subscriber be notified of a court order authorizing disclosure of personal identifying information. The order requires the provider to serve the subscriber with a copy of the subpoena and the order within 30 days after service on the provider, using any reasonable method, including first-class mail or overnight service to the subscriber’s last known address.
The subscriber and the provider each have 30 days after service to file a motion challenging the subpoena, including a motion to cancel or modify it. If the subscriber does not challenge the subpoena within that period, the provider has 10 days to produce the responsive information. The provider must preserve the subpoenaed information until it gives the information to Strike 3 or a timely challenge is finally resolved.
Confidentiality and effect
The court ordered that any name or other personal identifying information of any current or proposed defendant be filed under seal. This order concerns early discovery and identification of the defendant; the opinion does not decide the underlying claims described in the complaint.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.