Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.102.6.248
- Cisneros
- 3:23-cv-00649
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Magistrate Judge Cisneros authorized a subpoena to identify the subscriber linked to an IP address.
Strike 3 Holdings, LLC may seek the subscriber’s identifying information from Comcast Cable or another identified internet service provider. The John Doe subscriber and the provider receive notice and may challenge the subpoena.
What happened
Strike 3 Holdings, LLC sued a John Doe subscriber assigned IP address 76.102.6.248. The company asked to serve a subpoena before the parties’ required initial conference.
The court found good cause to allow Strike 3 Holdings to subpoena Comcast Cable for the defendant’s true name and address. The order also allows subpoenas to other internet providers identified through the process.
The subpoena must be served with the order, and Comcast must notify the subscriber. The subscriber and internet provider have 30 days to challenge the subpoena; Magistrate Judge Cisneros also required the provider to preserve the information and limited its use to the claims in the complaint.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.102.6.248 · No. 3:23-cv-00649
- Cisneros
- Feb. 24, 2023
Background
Strike 3 Holdings, LLC filed an ex parte 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 defendant was identified in the caption as John Doe Subscriber Assigned IP Address 76.102.6.248.
Order
The court found that Strike 3 Holdings had shown “good cause” to serve Comcast Cable, identified as the internet service provider, with a subpoena under Federal Rule of Civil Procedure 45. The subpoena may require Comcast to provide the defendant’s true name and address associated with the IP address listed in Exhibit A to the complaint. Any subpoena must include a copy of the order.
The order also permits Strike 3 Holdings to serve a similar subpoena on any service provider identified in response to a subpoena as providing internet services to the defendant. If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires compliance with 47 U.S.C. § 551(c)(2)(B), including sending the defendant a copy of the order.
Notice and Challenges
The provider must serve each subscriber with a copy of the subpoena and the order within 30 days after the subpoena is served. The subscriber and the provider each have 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If no subscriber timely challenges the subpoena, the provider has 10 additional days to produce the responsive information. The provider must preserve the subpoenaed information until production or final resolution of a timely challenge.
The defendant’s name and other identifying information must be filed provisionally under seal. After the defendant is served, the court may require the defendant to ask for permission to proceed anonymously. Strike 3 Holdings may use information obtained through the subpoena only to protect and enforce the rights asserted in its complaint.
What the Court Decided
This was an ancillary discovery order, not a decision about whether the defendant infringed any rights or whether Strike 3 Holdings will prevail on its claims. Judge Lisa J. Cisneros authorized the requested pre-conference subpoena process subject to the notice, challenge, preservation, confidentiality, and use restrictions described above.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.