Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.100.179.26
- Virginia Demarchi
- 5:23-cv-03762
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi allowed Strike 3 to subpoena AT&T for the subscriber’s identity.
Strike 3 Holdings, LLC, the John Doe subscriber assigned IP address 99.100.179.26, and AT&T Internet.
What happened
Strike 3 Holdings, LLC sued a John Doe subscriber identified by IP address 99.100.179.26 and asked to subpoena AT&T Internet before the parties’ required conference about managing the case. Strike 3 said the subpoena could identify the defendant in its copyright case.
The court found good cause and granted Strike 3’s application. Strike 3 may serve AT&T with a subpoena seeking the subscriber’s true name and address, and must attach the order. AT&T must notify the subscriber within 30 days after receiving the subpoena.
The order limits Strike 3’s use of the information to protecting and enforcing its rights in the complaint. AT&T may object or seek a protective order, and Strike 3 may not publicly disclose identifying information without the subscriber’s consent or the court’s permission. Judge Virginia K. Demarchi did not decide whether the subscriber infringed copyright.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.100.179.26 · No. 5:23-cv-03762
- Virginia Demarchi
- Aug. 17, 2023
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on AT&T Internet before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena seeks the identity of the subscriber assigned IP address 99.100.179.26.
The court found that Strike 3 had shown good cause. Specifically, Strike 3 had shown that it could identify a real person or entity who could be sued in federal court, had taken steps to locate the defendant, had an action that could withstand a motion to dismiss, and had a reasonable likelihood of identifying the defendant through discovery. The court also noted Strike 3’s representation that it had satisfied the copyright-registration requirements for starting an infringement lawsuit.
Ruling
The court granted Strike 3’s application. Strike 3 may serve AT&T Internet with a subpoena under Federal Rule of Civil Procedure 45 requiring AT&T Internet to provide the subscriber’s true name and address. Strike 3 must attach a copy of the order to the subpoena.
Notice and limits on disclosure
AT&T Internet must serve the subscriber with a copy of the subpoena and this order within 30 days after the subpoena is served on AT&T Internet. AT&T Internet may use any reasonable method, including first-class mail or overnight service to the subscriber’s last known address.
Strike 3 may use information produced in response to the subpoena only to protect and enforce its rights described in the complaint. AT&T Internet may object to the subpoena and may seek a protective order. If AT&T Internet discloses the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court.
Effect of the order
This order authorizes limited discovery to identify the subscriber. It does not decide whether the subscriber infringed copyright.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.