Strike 3 Holdings v. John Doe subscriber assigned IP address 73.170.252.169
- Thomas Hixson
- 3:23-cv-00663
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson allowed an early subpoena seeking the subscriber’s identity from Comcast.
Strike 3 Holdings, LLC may seek identifying information from Comcast Cable and other identified internet providers. The John Doe subscriber may receive notice and challenge the subpoena within the time allowed by the order.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 73.170.252.169 and asked to contact the internet provider before the parties’ required early case meeting.
The court found good cause and allowed Strike 3 Holdings to serve Comcast Cable with a subpoena seeking the subscriber’s true name and address. It also allowed subpoenas to other internet providers identified in response. The order required notice to the subscriber, gave the subscriber 30 days to challenge the subpoena, and limited use of the information to protecting and enforcing the rights described in the complaint.
Judge Thomas S. Hixson granted the motion and required the provider to preserve the requested information and file identifying information under seal. The order did not decide whether Strike 3 Holdings’ claims were valid.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 73.170.252.169 · No. 3:23-cv-00663
- Thomas Hixson
- Feb. 23, 2023
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference generally required by Rule 26(f) of the Federal Rules of Civil Procedure. The subpoena sought information identifying the person assigned the IP address listed in the complaint. The defendant was identified as John Doe Subscriber Assigned IP Address 73.170.252.169.
Ruling
The court found that Strike 3 Holdings had shown good cause to serve Comcast Cable, identified as the internet service provider. The court granted the motion and authorized a Rule 45 subpoena requiring Comcast to provide the defendant’s true name and address. The plaintiff could also serve the same type of subpoena on another internet provider identified in response to a subpoena.
Conditions on the subpoena
If Comcast qualified as a cable operator under 47 U.S.C. § 522(5), the order required it to follow 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber by sending a copy of the order. Comcast had to serve the subscriber with a copy of the subpoena and order within 30 days after being served. The subscriber and Comcast each had 30 days after service to file a motion challenging the subpoena, including a motion to quash or modify it. If no timely challenge was filed, Comcast had 10 days to provide the responsive information.
Comcast also had to preserve the subpoenaed information until it delivered the information to Strike 3 Holdings or the court finally resolved a timely motion to quash. Strike 3 Holdings could use information obtained through the subpoena only to protect and enforce the rights described in its complaint. Identifying information about any current or proposed defendant had to be filed under seal.
Effect of the order
This was a discovery order allowing Strike 3 Holdings to seek the Doe defendant’s identity. The court did not decide the merits of the claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.