Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.4.147.141
- Thomas Hixson
- 3:23-cv-03767
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Hixson allowed early subpoenas to identify the subscriber linked to IP address 24.4.147.141.
Strike 3 Holdings, LLC, the unidentified subscriber assigned IP address 24.4.147.141, Comcast Cable, and any other internet service provider identified through the authorized subpoenas.
What happened
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 24.4.147.141, whose name was not yet identified in the case. Strike 3 asked to subpoena the internet service provider before the parties held their usual early case-management conference.
The court granted Strike 3’s motion and allowed it to serve Comcast Cable with a subpoena seeking the defendant’s true name and address. The order also allowed subpoenas to other internet providers identified through that process, subject to notice, confidentiality, and the subscriber’s opportunity to challenge the subpoena.
Judge Thomas S. Hixson did not decide the underlying claims. He ordered Comcast to preserve the information and generally required it to produce the information only after the subscriber’s 30-day period to object expired without a challenge.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.4.147.141 · No. 3:23-cv-03767
- Thomas Hixson
- Aug. 16, 2023
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena before the parties held the required Rule 26(f) conference. A third-party subpoena is a formal demand for information from someone who is not a party to the lawsuit. The subpoena sought the true name and address of the defendant associated with IP address 24.4.147.141.
Ruling
The court granted the ex parte motion and found that Strike 3 had shown good cause to serve Comcast Cable, identified as the internet service provider. The court authorized Strike 3 to serve a Rule 45 subpoena, which is a subpoena issued under Federal Rule of Civil Procedure 45, and required Strike 3 to attach the order to it. The court also allowed Strike 3 to serve the same type of subpoena on any other internet service provider identified in response to a subpoena as providing internet service to the defendant.
Notice and Limits
If Comcast qualifies as a cable operator under the cited federal statute, it must notify the subscriber by sending a copy of the order. Comcast must serve the subpoena and order on the subscriber within 30 days after service on Comcast. The subscriber and Comcast each have 30 days after service on that person or entity to file a motion challenging the subpoena, including a motion to quash or modify it. If no timely challenge is filed, Comcast has 10 days to provide the responsive information to Strike 3. Comcast must preserve the subpoenaed information while awaiting production or resolution of a timely challenge. Any name or other identifying information about a current or proposed defendant must be filed under seal.
The order limits Strike 3’s use of information obtained through the subpoena to protecting and enforcing the rights described in its complaint. The order addresses early discovery and identification of the defendant; it does not decide the merits of the underlying claims. Judge Thomas S. Hixson signed the order on August 16, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.