Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.226.82.201
- Kandis Westmore
- 4:23-cv-03743
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Westmore allowed subpoenas seeking the subscriber’s name and address before discovery began.
Strike 3 Holdings, LLC, the unidentified subscriber assigned IP address 76.226.82.201, AT&T Internet, and any other internet service provider identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 76.226.82.201 and asked to subpoena internet service providers before the parties held their required initial discovery meeting. Strike 3 said the subpoenas were needed to identify the subscriber.
The court found good cause and authorized subpoenas to AT&T Internet and any later-identified internet service provider for the defendant’s true name and address. The providers must notify affected subscribers, who may challenge the subpoenas within 30 days. The information may be used only to protect Strike 3’s rights under the Copyright Act, and identifying documents must be filed under seal.
Judge Kandis Westmore issued the order on August 17, 2023. The order concerned early discovery and did not decide whether the defendant infringed copyright.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.226.82.201 · No. 4:23-cv-03743
- Kandis Westmore
- Aug. 17, 2023
Background
Strike 3 Holdings, LLC moved for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference, the meeting at which parties generally discuss their discovery plans. The subpoena sought information that would identify the subscriber assigned Internet Protocol address 76.226.82.201.
Ruling
The court found that Strike 3 had shown good cause to serve a subpoena on AT&T Internet, identified as the initial internet service provider. The court authorized a Rule 45 subpoena requiring that provider to give Strike 3 only 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, provided that the subscriber is notified.
Notice and Challenges
Each provider has 30 days after service to give each affected subscriber a copy of the subpoena and this order. Each subscriber and provider has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If no subscriber contests the subpoena during that period, the provider has 10 days to produce the responsive information to Strike 3.
The providers must preserve the subpoenaed information while awaiting production or the final resolution of a timely motion to quash. Information disclosed in response to a subpoena may be used only to protect Strike 3’s rights under the Copyright Act. Documents containing the name or other personally identifying information of any current or proposed defendant must be filed under seal under the court’s local procedure.
Effect of the Order
The order authorizes early discovery to identify the defendant. It does not decide whether the defendant infringed copyright or resolve the underlying case. Judge Kandis Westmore issued the order on August 17, 2023.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.