Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.241.0.135
- Edward Davila
- 5:23-cv-03764
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Van Keulen granted a subpoena request to identify the anonymous defendant before the Rule 26(f) conference.
Strike 3 Holdings, LLC, John Doe, and Comcast, the internet service provider that may receive the subpoena.
What happened
Strike 3 Holdings, LLC asked to subpoena Comcast, the internet provider for John Doe, to learn the name and address connected to a specified internet address before the required early case-management conference. The request related to alleged copyright infringement described in the complaint.
The court granted the request. The subpoena may seek only the subscriber’s actual name and address during a specified period, and Strike 3 must use the information only to protect its rights in the lawsuit. Comcast must notify the subscriber, and the subscriber may challenge the subpoena.
Judge Susan Van Keulen also required Comcast to withhold identifying information while challenges are pending and limited public disclosure while John Doe seeks permission to proceed anonymously. The order did not decide whether infringement occurred.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.241.0.135 · No. 5:23-cv-03764
- Edward Davila
- Aug. 25, 2023
Background
Strike 3 Holdings, LLC applied for permission to serve a subpoena on Comcast before the parties’ conference required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider for John Doe, the defendant associated with IP address 73.241.0.135. Strike 3 sought information to identify the defendant.
Ruling
The court found good cause and granted the application. The subpoena may request only the actual name and address of the subscriber to whom Comcast assigned the specified IP address during the period beginning 14 days before the first alleged infringing act and ending 14 days after the last alleged infringing act listed in Exhibit A to the complaint. Strike 3 must attach the order to the subpoena and may use information disclosed by Comcast only to protect its rights described in the complaint.
Protections and procedures
Comcast must serve the subscriber with the subpoena and a copy of the order within 14 days after service on Comcast. The subpoena’s return date must be at least 45 days after service on Comcast. Comcast may not disclose identifying information before that date or before the resolution of any motion to quash or modify the subpoena.
John Doe has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it, in the district where compliance is required. Comcast must preserve subpoenaed information while any timely motion is pending.
If Comcast provides information to Strike 3, Strike 3 may not publicly disclose it until John Doe has had an opportunity to ask to proceed anonymously and the court has ruled on that request. If John Doe does not seek permission to proceed anonymously within 30 days after the information is disclosed to Strike 3, the limited protective order will expire. The court also described procedures for sealing papers that contain identifying information.
The court denied permission to serve subpoenas on other internet providers automatically identified through this process. Strike 3 must seek separate permission to subpoena any provider other than Comcast. Judge Susan Van Keulen’s order addressed discovery and confidentiality procedures; it did not decide the merits of the alleged infringement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.