Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.15.100.131
- Vince Chhabria
- 3:23-cv-00657
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Chhabria authorized an early subpoena to identify the defendant from an Internet address.
Strike 3 Holdings, LLC may seek the defendant’s identifying information from Comcast Cable and potentially other Internet service providers. John Doe may receive notice if the cable-operator notice provision applies, and the disclosed information is limited to use in protecting and enforcing Strike 3’s rights described in its complaint.
What happened
In Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.15.100.131, Strike 3 asked to serve a subpoena before the parties’ required early conference. The subpoena sought the defendant’s true name and address from Comcast Cable.
The court found good cause and allowed Strike 3 to serve the subpoena. It also allowed subpoenas to other Internet providers identified in response. Any information obtained may be used only to protect and enforce Strike 3’s rights described in its complaint.
Judge Vince Chhabria issued the February 24, 2023 order. If Comcast qualifies as a cable operator, it must notify the subscriber by sending the order to the defendant before disclosing identifying information.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.15.100.131 · No. 3:23-cv-00657
- Vince Chhabria
- Feb. 24, 2023
Background
Strike 3 Holdings, LLC filed an application for permission to serve a third-party subpoena before the parties’ conference required by Federal Rule of Civil Procedure 26(f). The subpoena was directed to Comcast Cable, identified as the Internet service provider, and sought the true name and address of the defendant associated with the IP address listed in the complaint.
Court’s ruling
The court found that Strike 3 had shown “good cause” to serve the subpoena. It authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45, provided that Strike 3 attach a copy of the order. The court also authorized Strike 3 to serve the same type of subpoena on any service provider identified in response as providing Internet services to one of the defendants.
If Comcast qualifies as a “cable operator” under 47 U.S.C. § 522(5), the order requires it to comply with 47 U.S.C. § 551(c)(2)(B). Under that provision as quoted in the order, disclosure may be made under a court order if the subscriber is notified by the person receiving the order. The order therefore requires the plaintiff to send a copy of the order to the defendant in that circumstance.
Limits on disclosure
Strike 3 may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint.
Disposition
The court issued the order authorizing the early third-party subpoenas, subject to the stated notice and use restrictions. Judge Vince Chhabria signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.