Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.223.92.246
- Yvonne Rogers
- 4:23-cv-03736
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Rogers allowed an early subpoena to Comcast to identify the subscriber linked to an IP address.
Strike 3 Holdings, LLC; the unidentified subscriber assigned IP address 73.223.92.246; Comcast Cable; and any other Internet service provider identified in response to a subpoena.
What happened
Strike 3 Holdings, LLC asked to serve a subpoena before the parties held their required initial meeting. The subpoena seeks the name and address of the subscriber assigned the IP address 73.223.92.246.
The court found good cause and authorized Strike 3 to serve Comcast Cable with a subpoena seeking that subscriber information. Strike 3 may also subpoena another Internet provider identified in response, but may use the information only to protect and enforce the rights described in its complaint.
The order requires the provider to notify the subscriber and give the subscriber 30 days to challenge the subpoena. If there is no challenge, the provider has 10 days to produce the information. Judge Yvonne Rogers also required preservation of the information and sealing of identifying information under the court’s local rules.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.223.92.246 · No. 4:23-cv-03736
- Yvonne Rogers
- Aug. 22, 2023
Background
Strike 3 Holdings, LLC filed an ex parte application seeking permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. The subpoena targets Comcast Cable, identified as the Internet service provider, and seeks the true name and address of the defendant associated with IP address 73.223.92.246.
Ruling
The court found that Strike 3 had shown good cause to serve the subpoena. The court authorized Strike 3 to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45, provided that Strike 3 attaches a copy of the order. The court also authorized Strike 3 to serve the same type of subpoena on any service provider identified in response as providing Internet services to one of the defendants.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires it to comply with the subscriber-notice requirements in 47 U.S.C. § 551(c)(2)(B) by sending a copy of the order to the subscriber. The provider must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on the provider.
Each subscriber and the provider has 30 days after service on that subscriber to file a motion challenging the subpoena, including a motion to quash or modify it. If that period expires without a challenge, the provider has 10 days to produce the responsive information to Strike 3. The provider must preserve the subpoenaed information until it delivers the information or until a timely motion to quash is finally resolved.
The order limits Strike 3’s use of information obtained through the subpoena to protecting and enforcing the rights described in its complaint. It also requires Strike 3 to file a motion to seal the name or other identifying information of any current or proposed defendant under Civil Local Rule 79-5.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.