Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.181.79.92
- Haywood Gilliam
- 4:23-cv-03733
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Gilliam granted permission for an early subpoena seeking the subscriber’s identity from Comcast.
Strike 3 Holdings, LLC, the John Doe subscriber associated with IP address 69.181.79.92, Comcast Cable, and any other internet service provider identified in response to the subpoena.
What happened
Strike 3 Holdings, LLC asked the U.S. District Court for the Northern District of California to identify the person connected to IP address 69.181.79.92 before the parties’ required early-case meeting. It sought permission to subpoena Comcast Cable, the internet service provider.
The court found good cause for the early subpoena and allowed Strike 3 to request the defendant’s true name and address. Strike 3 may also subpoena another internet provider identified in Comcast’s response. The providers must notify the affected subscriber, who may challenge the subpoena within 30 days.
Judge Haywood S. Gilliam, Jr. also ordered limited confidentiality protections. Any identifying information disclosed to Strike 3 must remain confidential until the defendant has had an opportunity to ask to proceed anonymously and the court rules on that request.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.181.79.92 · No. 4:23-cv-03733
- Haywood Gilliam
- Sept. 7, 2023
Background
Strike 3 Holdings, LLC applied without advance notice to the opposing party for permission to serve a third-party subpoena before the parties’ Federal Rule of Civil Procedure 26(f) conference. The requested subpoena would be served on Comcast Cable, identified as the internet service provider, and would seek the true name and address of the John Doe defendant associated with IP address 69.181.79.92.
Ruling
The court found that Strike 3 had shown “good cause” for early discovery and granted the application. Strike 3 may serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The subpoena must include a copy of the order and may request the defendant’s true name and address. If Comcast identifies another internet service provider for the defendant, Strike 3 may serve that provider with a subpoena in the same manner.
If an internet service provider qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires it to follow 47 U.S.C. § 551(c)(2)(B), which permits disclosure of personal identifying information under a court order when the subscriber is notified. Each provider has 30 days after service to give the affected subscriber a copy of the subpoena and this order. The subscriber or provider then has 30 days after service to challenge, quash, or modify the subpoena. If no challenge is filed during that period, the provider has 10 days to produce the requested information.
Protective Order
The court also issued a limited protective order under Rule 26(c). The order recognizes that the subscriber may not be the person who infringed Strike 3’s copyright and that public accusations involving adult motion pictures could cause embarrassment. Any name or other personal identifying information released to Strike 3 must be treated as confidential and may not be publicly disclosed until the defendant has had an opportunity to seek permission to proceed anonymously and the court has ruled on that request. The protection expires if the defendant does not file that request within 30 days after the information is disclosed. Judge Haywood S. Gilliam, Jr. ordered that the application was granted.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.