Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.42.184.43
- Haywood Gilliam
- 4:23-cv-04337
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Gilliam granted as modified leave to subpoena Comcast for Doe’s identifying information.
Strike 3 Holdings, LLC may seek the John Doe defendant’s identifying information from Comcast and potentially another internet-service provider. The John Doe subscriber and any affected subscribers or providers may receive notice and may challenge the subpoenas; disclosed identifying information is subject to the limited protective order.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.42.184.43, Strike 3 asked to serve Comcast Cable with a subpoena before the parties’ required discovery conference. The order does not decide who used the IP address or whether copyright infringement occurred.
The court found good cause and allowed Strike 3 to subpoena Comcast for Doe’s true name and address. Strike 3 may also subpoena another internet provider identified through that process. The provider must notify the affected subscriber and provide copies of the subpoena and order. The subscriber or provider has 30 days to challenge the subpoena; if no challenge is filed, the provider has 10 additional days to produce the requested information.
The court also issued a limited protective order because the subscriber might not be the alleged infringer and the case involves accusations of illegally downloading adult films. Any identifying information disclosed must remain confidential unless the subscriber has had an opportunity to ask to proceed anonymously and the court rules on that request. Judge Haywood S. Gilliam, Jr. granted the application as modified.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.42.184.43 · No. 4:23-cv-04337
- Haywood Gilliam
- Sept. 12, 2023
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable before the parties held the conference required by Federal Rule of Civil Procedure 26(f). The subpoena sought the true name and address of the John Doe defendant associated with IP address 98.42.184.43. The opinion does not decide whether the subscriber was the person who allegedly infringed Strike 3’s copyright.
Ruling on the Subpoena
The court found that Strike 3 had shown “good cause” to serve Comcast under Federal Rule of Civil Procedure 45. The court therefore granted the application as modified. Strike 3 may serve Comcast with a subpoena seeking the defendant’s true name and address, and it must attach the order to the subpoena. Strike 3 may also serve the same type of subpoena on any other internet-service provider identified in Comcast’s response as providing internet service to the defendant.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), it must comply with the notice requirement in 47 U.S.C. § 551(c)(2)(B) by sending the defendant a copy of this order. Each provider has 30 days after service to notify each subscriber whose identifying information is sought and provide that subscriber with the subpoena and order. Notice may be sent by a reasonable method, including first-class mail or overnight service to the subscriber’s last known address.
Each subscriber and each provider has 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 the 30-day period passes without a challenge, the provider has 10 days to produce the responsive information for that subscriber. Strike 3 may use the information obtained only to protect and enforce the rights asserted in its complaint.
Protective Order
The court also issued a limited protective order under Federal Rule of Civil Procedure 26(c). The order recognizes that an internet subscriber may not be the individual who allegedly infringed Strike 3’s copyright and that public accusations involving adult motion pictures may 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 move to proceed anonymously and the court has ruled on that motion. If the defendant does not file that motion within 30 days after the information is disclosed to Strike 3, the limited protective order will expire.
Disposition
The court ordered that Strike 3’s ex parte application for leave to serve a third-party subpoena was granted as modified. The order addressed early discovery and confidentiality only; it did not determine the defendant’s identity, liability, or the merits of the underlying copyright allegations. The order was signed by Judge Haywood S. Gilliam, Jr.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.