Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.37.226.178
- Maxine Chesney
- 3:23-cv-02530
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings, LLC v. John Doe, Judge Hixson granted permission to subpoena an internet provider for the defendant’s identity before the usual conference.
Strike 3 Holdings, LLC may seek the unknown defendant’s name and address from Comcast Cable and any later-identified internet service provider. The subscriber and providers receive notice and may challenge the subpoena within the stated deadlines.
What happened
Strike 3 Holdings, LLC sued a defendant identified only by an internet address, 98.37.226.178. It asked to learn the defendant’s name and address from the internet service provider before the parties held their usual early case-management conference.
The court found good cause to allow the request. It authorized Strike 3 to serve Comcast Cable, and any later-identified internet provider, with a subpoena seeking the defendant’s true name and address.
The order requires notice to the subscriber and gives the subscriber and provider 30 days to challenge the subpoena. Judge Hixson also limited use of the information, required preservation of the information, and ordered identifying information filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.37.226.178 · No. 3:23-cv-02530
- Maxine Chesney
- June 20, 2023
Background
Strike 3 Holdings, LLC filed a case against a defendant identified in the caption as John Doe Subscriber Assigned IP Address 98.37.226.178. Strike 3 applied for permission to serve a third-party subpoena before the Rule 26(f) conference, the meeting at which parties ordinarily discuss the early management of a federal lawsuit.
Ruling
The court found that Strike 3 had shown “good cause” to subpoena the internet service provider, Comcast Cable. The court granted the ex parte motion and authorized Strike 3 to serve a subpoena under Federal Rule of Civil Procedure 45 seeking the true name and address of the defendant associated with the IP address listed in Exhibit A to the complaint. “Ex parte” means the request was made without the opposing party participating in the request before the court issued the order.
The order also allows Strike 3 to serve the same type of subpoena on any other internet service provider identified in response to a subpoena as providing internet services to the defendant. Strike 3 must attach the order to each subpoena and may use information obtained from the subpoena only to protect and enforce the rights described in its complaint.
Notice and Challenges
The provider must serve the subscriber with a copy of the subpoena and the order within 30 days after the provider is served. 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. The provider must preserve the subpoenaed information while awaiting production or resolution of a timely challenge.
If the provider qualifies as a cable operator under the cited federal statute, the order requires the provider to notify the subscriber by sending the subscriber a copy of the order. Any name or other personal identifying information concerning a current or proposed defendant must be filed under seal. The order addresses discovery and identification of the unknown defendant; it does not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.