Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.132.108.35
- Thomas Hixson
- 3:23-cv-01970
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson allowed a subpoena to identify the unnamed defendant before the usual discovery conference.
Strike 3 Holdings, LLC may seek the unnamed defendant’s identifying information from Comcast Cable and potentially other identified internet service providers. The unnamed defendant and any affected subscriber receive notice and an opportunity to challenge the subpoena, while identifying information must be filed under seal.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 76.132.108.35, Strike 3 Holdings asked to subpoena Comcast Cable before the parties held their required discovery conference. The company sought the defendant’s true name and address.
The court found good cause and allowed the subpoena. Comcast must notify the subscriber and provide a copy of the subpoena and order, and the subscriber may challenge the subpoena within 30 days. The information may be used only to protect and enforce Strike 3 Holdings’ claims in the complaint.
The court also allowed subpoenas to other internet providers identified through the process, required preservation of the information, and ordered identifying information filed under seal. Judge Thomas S. Hixson granted the motion.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.132.108.35 · No. 3:23-cv-01970
- Thomas Hixson
- May 4, 2023
Background
Strike 3 Holdings, LLC filed an application asking for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference, the conference at which parties ordinarily discuss the discovery process. The proposed subpoena was directed to Comcast Cable, identified in the order as the internet service provider. Strike 3 Holdings sought the defendant’s true name and address associated with the IP address listed in the complaint.
Ruling
The court found that Strike 3 Holdings had established “good cause” to serve the subpoena before the Rule 26(f) conference. The court granted the application and authorized Strike 3 Holdings to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The subpoena must seek the true name and address of the defendant assigned the IP address identified in Exhibit A to the complaint and must include a copy of the order.
The court also authorized Strike 3 Holdings to serve a similar Rule 45 subpoena on any other internet service provider identified in response to a subpoena as providing internet services to one of the defendants.
Notice and Challenges
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber of the court order. The order requires the internet service provider to serve the subscriber with a copy of the subpoena and the order within 30 days after the subpoena is served on the provider. The provider may use any reasonable means, 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 on that person or entity 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 to Strike 3 Holdings. The provider must preserve the subpoenaed information while waiting for production or resolution of a timely challenge.
Limits and Disposition
Strike 3 Holdings may use information obtained through the subpoena only to protect and enforce the claims described in its complaint. The court also ordered that the names and other identifying information of any current or proposed defendant be filed under seal.
Judge Thomas S. Hixson granted Strike 3 Holdings’ ex parte motion for leave to serve a third-party subpoena before the Rule 26(f) conference.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.