Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.162.24.75
- Joseph Spero
- 3:23-cv-03053
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero allowed early subpoenas to identify the anonymous defendant through internet providers.
Strike 3 Holdings, LLC; John Doe Subscriber Assigned IP Address 73.162.24.75; Comcast Cable; and any other Internet service provider identified as providing Internet service to the defendant.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.162.24.75, Strike 3 Holdings asked to serve a subpoena before the parties’ required early case meeting. The subpoena sought the name and address of the person assigned the listed internet address.
The court found good cause and authorized Strike 3 to subpoena Comcast Cable for that information. Strike 3 may also subpoena another internet provider identified in response. The providers must notify affected subscribers, who may challenge the subpoenas within 30 days.
Judge Joseph C. Spero also required the providers to preserve the information and limited its use to protecting Strike 3’s rights under copyright law. Any filings containing the identifying information must be submitted under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.162.24.75 · No. 3:23-cv-03053
- Joseph Spero
- July 26, 2023
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the parties held the conference normally required by Federal Rule of Civil Procedure 26(f). The subpoena procedure was directed at identifying the defendant associated with Internet Protocol address 73.162.24.75.
What the Court Ordered
The court found that Strike 3 had shown “good cause” to obtain early discovery. It authorized Strike 3 to serve Comcast Cable with a subpoena under Federal Rule of Civil Procedure 45 requiring Comcast to provide the defendant’s true name and address. Strike 3 must attach the order to the subpoena.
The court also authorized Strike 3 to serve the same type of subpoena on any other Internet service provider identified in response as providing Internet service to the defendant. The order treated the authorized subpoenas as court orders permitting disclosure under 47 U.S.C. § 551, subject to the statute’s notice requirement.
Notice and Challenges
Each provider has 30 days after being served to notify each subscriber whose identity is sought and provide that subscriber with the subpoena and the order. A subscriber or provider then has 30 days after service to file a motion challenging the subpoena, including a motion to quash or modify it. If that period expires without a challenge, the provider has 10 days to produce the responsive information.
The providers must preserve the subpoenaed information while awaiting production or the final resolution of a timely motion to quash. Information disclosed to Strike 3 may be used only to protect its rights under the Copyright Act. Filings containing the identity information of any current or proposed defendant must be filed under seal and not otherwise disclosed.
Result
The order authorizes early third-party discovery and sets procedures for notice, challenges, preservation, production, limited use, and sealing. It does not state a ruling on whether the defendant infringed copyright. Judge Joseph C. Spero signed the order on July 26, 2023.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.