Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.133.54.186
- Joseph Spero
- 3:23-cv-03049
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero allowed subpoenas seeking the subscriber’s identity before regular discovery began.
Strike 3 Holdings, LLC; the unidentified subscriber associated with IP address 76.133.54.186; Comcast Cable; any other Internet service provider identified through the authorized subpoenas; and subscribers whose information is sought.
What happened
Strike 3 Holdings, LLC sued an unidentified subscriber associated with Internet address 76.133.54.186 and asked to learn the subscriber’s name and address.
The court found good cause to allow subpoenas to Comcast Cable and any other Internet provider identified through the subpoena process. The providers must notify the affected subscriber, who may challenge the subpoena within 30 days.
Judge Spero granted Strike 3’s application and set procedures for producing and protecting the information. The order did not decide whether the subscriber infringed copyright.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.133.54.186 · No. 3:23-cv-03049
- Joseph Spero
- July 26, 2023
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the conference ordinarily required by Federal Rule of Civil Procedure 26(f). The subpoena seeks the true name and address of the defendant associated with Internet Protocol address 76.133.54.186.
Ruling
The court found that Strike 3 had shown “good cause” to serve the subpoena early. It authorized Strike 3 to serve Comcast Cable with a subpoena under Rule 45. It also authorized a subpoena to any other Internet service provider identified in response to a subpoena as providing Internet service to the defendant.
The order states that the authorized subpoenas qualify as court orders allowing disclosure under 47 U.S.C. § 551. Each provider must give the affected subscriber a copy of the subpoena and the order within 30 days after receiving the subpoena. The subscriber or provider then has 30 days after service to file a motion challenging the subpoena, including a motion to cancel or change it. If no timely challenge is filed, the provider has 10 days to produce the requested information.
Other Conditions and Effect
The providers must preserve the requested information while production or a timely challenge remains pending. Strike 3 may use information disclosed in response to the subpoenas only to protect its rights under the Copyright Act. Filings containing the identity information of a current or proposed defendant must be filed under seal and otherwise kept from disclosure.
This was a discovery order. The court did not determine whether the unidentified subscriber infringed copyright or otherwise resolve the merits of Strike 3’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.