Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.73.35.216
- Thomas Hixson
- 3:23-cv-03793
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson allowed an early subpoena seeking the defendant’s name and address from the internet provider.
Strike 3 Holdings, LLC, John Doe Subscriber Assigned IP Address 99.73.35.216, AT&T Internet, 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 99.73.35.216 and asked to identify the person connected to that internet address. The opinion does not describe the underlying claims.
The court found good cause to let Strike 3 serve AT&T Internet with a subpoena before the parties held the conference normally required at the start of discovery. The subpoena may seek the defendant’s true name and address, and may also be served on another internet provider identified in the response.
The order requires notice to the subscriber, gives the subscriber and provider 30 days to challenge the subpoena, limits use of the information to enforcing the rights asserted in the complaint, and requires personal identifying information to be filed under seal. Judge Thomas S. Hixson granted the motion.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.73.35.216 · No. 3:23-cv-03793
- Thomas Hixson
- Aug. 16, 2023
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties conducted the conference required by Federal Rule of Civil Procedure 26(f). The subpoena would be directed to AT&T Internet, identified as the internet service provider, and would seek the true name and address of the defendant associated with IP address 99.73.35.216. The opinion does not explain the underlying claims in the complaint.
Court’s ruling
The court found that Strike 3 had established “good cause” to serve the subpoena early. It granted the motion and authorized Strike 3 to serve AT&T Internet with a subpoena under Federal Rule of Civil Procedure 45. The subpoena must include a copy of the order and may request the defendant’s true name and address.
The order also permits Strike 3 to serve the same type of subpoena on another internet service provider identified in response to the first subpoena. If AT&T Internet qualifies as a cable operator under the cited federal law, it must follow the law’s notice requirement by sending the defendant a copy of the order.
Notice, challenges, and limits
AT&T Internet must serve the subscriber with a copy of the subpoena and order within 30 days after service on AT&T Internet. The subscriber and the 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 any timely challenge is pending or until it delivers the information to Strike 3.
Strike 3 may use information obtained through the subpoena only to protect and enforce the rights asserted in its complaint. Any name or other personal identifying information of a current or proposed defendant must be filed under seal. Judge Thomas S. Hixson entered the order on August 16, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.