Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.92.187.108
- 3:23-cv-04941
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, the court allowed a subpoena to identify the subscriber, with notice and opportunities to challenge it.
Strike 3 Holdings, LLC; the unidentified subscriber assigned the listed internet protocol address; Comcast Cable; any other internet service provider identified through the subpoena process; and subscribers who receive notice of a subpoena.
What happened
Strike 3 Holdings, LLC asked for permission to subpoena Comcast before the parties held their required initial discovery meeting. The subpoena sought the name and address of the person assigned the internet address listed in the complaint.
The court found good cause and allowed Strike 3 to serve the subpoena on Comcast and, if necessary, other internet service providers identified through the subpoena process. The information could be used only to protect and enforce Strike 3’s rights described in its complaint.
The court required the provider to notify the subscriber and gave the subscriber and provider 30 days to challenge, cancel, or change the subpoena. The court also ordered the provider to preserve the information and provisionally file identifying information under seal. The judge is not clearly identified in the provided opinion text.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.92.187.108 · No. 3:23-cv-04941
- Oct. 23, 2023
Background
Strike 3 Holdings, LLC filed an ex parte application—an application made without a prior hearing involving the opposing party—for permission to serve a third-party subpoena before the parties’ required conference under Federal Rule of Civil Procedure 26(f). Strike 3 sought information from Comcast Cable, identified as the internet service provider, about the subscriber assigned the internet protocol address listed in Exhibit A to the complaint.
Ruling
The court found that Strike 3 had shown good cause to serve the subpoena. It allowed Strike 3 to serve Comcast with a Rule 45 subpoena seeking the defendant’s true name and address and required Strike 3 to attach a copy of the order. The court also allowed Strike 3 to subpoena another internet service provider identified in response to a subpoena as providing internet services to the defendant.
If the provider qualified as a cable operator under 47 U.S.C. § 522(5), the court required it to follow 47 U.S.C. § 551(c)(2)(B), including notifying the subscriber by sending a copy of the order. Strike 3 could use information produced in response to the subpoena only to protect and enforce the rights described in its complaint.
Notice and challenges
The provider had to serve the subscriber with copies of the subpoena and order within 30 days after the subpoena was served. Each subscriber and the provider had 30 days after service to file a motion contesting, quashing, or modifying the subpoena. If no subscriber timely challenged the subpoena, the provider had 10 additional days to produce the responsive information. The provider also had to preserve the subpoenaed information until production or final resolution of a timely motion to quash.
The order directed that the defendant’s name and other identifying information be provisionally filed under seal. It stated that, after service, the court might require the defendant to seek permission to proceed anonymously. The order states, “IT IS SO ORDERED,” but the judge’s full name is not clearly readable in the provided text.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.