Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.4.132.217
- Donna Ryu
- 4:23-cv-01965
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Ryu allowed early subpoenas to identify the anonymous subscriber behind an Internet address.
Strike 3 Holdings, LLC, the unidentified subscriber assigned IP address 24.4.132.217, Comcast Cable, and any other Internet service provider identified in response to the subpoena.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 24.4.132.217 and asked to issue a subpoena before the parties’ required initial conference. The company argued, and the court found, that there was good cause to seek the subscriber’s identity from Comcast Cable.
The order allows Strike 3 to subpoena Comcast for the defendant’s true name and address. If another Internet provider is identified, Strike 3 may subpoena that provider in the same way. The providers must notify the subscriber, and the subscriber or provider may challenge the subpoena within 30 days.
The information may be used only to protect and enforce Strike 3’s rights in the complaint, and identifying information must be filed under seal. Judge Donna M. Ryu also ordered the provider to preserve the information while any timely challenge is pending.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.4.132.217 · No. 4:23-cv-01965
- Donna Ryu
- June 5, 2023
Background
Strike 3 Holdings, LLC filed an application asking for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena concerns the subscriber assigned Internet Protocol address 24.4.132.217. The court found that Strike 3 had shown “good cause” to serve Comcast Cable, which the order calls the Internet service provider.
Order
The order permits Strike 3 to serve Comcast with a subpoena under Rule 45 seeking the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena. If Comcast identifies another Internet service provider for the defendant, Strike 3 may serve that provider with a subpoena in the same manner.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), it must follow 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber by sending the subscriber a copy of the order. The provider must serve the subscriber with the subpoena and order within 30 days after service on the provider. The provider may use reasonable notice methods, 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 party to file a motion contesting the subpoena, including a motion to quash or modify it. If the subscriber does not challenge the subpoena within that period, the provider has 10 days to produce the responsive information. The provider must preserve the information until producing it or until a timely motion to quash is finally resolved.
Limits and confidentiality
Strike 3 may use information obtained through the subpoena only to protect and enforce the rights described in its complaint. Any name or other personally identifying information of a current or proposed defendant must be filed under seal. The court stated that, if substantive motions are filed, it may require the defendant to seek permission to proceed anonymously.
Disposition
The order authorizes the early third-party subpoenas under the stated conditions. It does not decide the underlying claims or identify the defendant. Judge Donna M. Ryu signed the order as Chief Magistrate Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.