Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.6.73.243
- 3:23-cv-01966
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, the court allowed a subpoena to identify the subscriber linked to an internet-protocol address.
Strike 3 Holdings, LLC, the unidentified defendant associated with internet-protocol address 24.6.73.243, Comcast Cable, and any other internet-service provider identified in response to the subpoena.
What happened
Strike 3 Holdings, LLC asked for permission to subpoena Comcast Cable before the parties held their required early case conference. The company sought the name and address of the subscriber assigned internet-protocol address 24.6.73.243.
The court found good cause and authorized Strike 3 Holdings to serve a subpoena on Comcast, and potentially on another internet-service provider identified later. The provider must notify the subscriber, who may challenge the subpoena within 30 days.
The order also limited use of the information to enforcing Strike 3 Holdings’ rights in this case and required provisional sealing of identifying information. The court issued the order on May 8, 2023; the opinion text does not clearly identify the signing judge.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.6.73.243 · No. 3:23-cv-01966
- May 8, 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 requested subpoena would be directed to Comcast Cable, identified in the order as an internet-service provider, and would seek 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 Holdings had shown good cause to serve the subpoena. The order authorized Strike 3 Holdings to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45, provided that the order is attached. It also authorized a similar subpoena to any service provider identified in response to the first subpoena as providing internet services to the defendant.
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), which permits disclosure of personal identifying information under a court order when the subscriber is notified. Comcast must serve the subscriber with copies of the subpoena and order within 30 days after service on Comcast, using any reasonable means, including first-class mail or overnight service to the subscriber’s last known address.
Challenges and limits
Each subscriber and the internet-service provider has 30 days after service to file a motion contesting, quashing, or modifying the subpoena. If a subscriber does not timely challenge the subpoena, the provider has 10 additional days to produce the responsive information for that subscriber. The provider must preserve the subpoenaed information until producing it or until any timely motion to quash is finally resolved.
Strike 3 Holdings may use information obtained through the subpoena only to protect and enforce the rights asserted in its complaint. The defendant’s name and other identifying information must be filed provisionally under seal. After service on the defendant, the court may require the defendant to seek permission to proceed anonymously. The text supplied does not clearly identify the signing judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.