Strike 3 Holdings v. John Doe subscriber assigned IP address 73.189.181.224
- Thomas Hixson
- 3:23-cv-02539
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe subscriber, Judge Hixson allowed a subpoena to identify the subscriber before the usual discovery conference.
Strike 3 Holdings, LLC may seek the unnamed defendant's identifying information from Comcast Cable and certain other identified internet providers. The unnamed subscriber and the provider receive notice, may challenge the subpoena within 30 days, and are subject to the order's preservation and sealing requirements.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 73.189.181.224 and asked to subpoena Comcast Cable before the parties' required discovery conference. The order concerns identifying the unnamed defendant; it does not decide the lawsuit's underlying claims.
The court found good cause and granted Strike 3 Holdings' request. The company may subpoena Comcast, and certain later-identified internet providers, for the defendant's true name and address. The information may be used only to protect and enforce the rights described in the complaint.
Judge Thomas S. Hixson required notice to the subscriber and gave the subscriber and provider 30 days to challenge the subpoena. The provider must preserve the information, and identifying information must be filed under seal.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 73.189.181.224 · No. 3:23-cv-02539
- Thomas Hixson
- June 16, 2023
Background
Strike 3 Holdings, LLC filed an ex parte application—an application made without the opposing party participating at that stage—for permission to serve a third-party subpoena before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The proposed subpoena was directed to Comcast Cable, identified in the order as the internet service provider, and sought the true name and address of the defendant associated with the IP address listed in the complaint.
Ruling
The court found that Strike 3 Holdings had established good cause and granted the application. The company may serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 requiring it to provide the defendant's true name and address. If a response identifies another internet service provider, Strike 3 Holdings may also serve that provider with a similar subpoena.
If the provider 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), including notifying the subscriber by sending a copy of the order. The provider must serve the subpoena and order on the subscriber within 30 days after service on the provider. The subscriber and provider each have 30 days after service 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. The provider must preserve the information while awaiting production or resolution of a timely challenge.
Limits on Disclosure
Strike 3 Holdings may use information obtained through the subpoena only to protect and enforce the rights described in its complaint. Any name or other identifying information concerning a current or proposed defendant must be filed under seal. Judge Thomas S. Hixson signed the order on June 16, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.