Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.45.253.55
- Virginia Demarchi
- 5:23-cv-05488
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe Subscriber, Judge DeMarchi granted permission to subpoena Comcast for the subscriber’s name and address.
Strike 3 Holdings, LLC may subpoena Comcast Cable for the name and address of the subscriber assigned the listed IP address. Comcast must notify that subscriber and may object or seek a protective order. The subscriber’s identity is protected from public disclosure absent consent or court permission.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.45.253.55, Strike 3 asked for permission to subpoena Comcast before the parties’ required case-management conference. Strike 3 said Comcast could identify the person or entity using the listed internet address.
The court found good cause for the early subpoena. It found that Strike 3 had identified the defendant specifically enough, had taken steps to locate the defendant, had a claim that could withstand a motion to dismiss, and had a reasonable chance of identifying the defendant through discovery. The court also noted that Strike 3 had met the copyright-registration requirement for filing its lawsuit.
The court granted Strike 3’s application. Judge Virginia K. DeMarchi authorized a subpoena seeking the subscriber’s true name and address, required Comcast to notify the subscriber, limited Strike 3’s use of the information, and barred public disclosure without the subscriber’s consent or court permission.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.45.253.55 · No. 5:23-cv-05488
- Virginia Demarchi
- Nov. 14, 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 defendant was identified in the caption as John Doe Subscriber Assigned IP Address 98.45.253.55.
Court’s analysis
The court applied the good-cause standard for early discovery. It found that Strike 3 had shown:
- enough information to identify a real person or entity that could be sued in federal court; - prior efforts to locate the defendant; - a lawsuit that could withstand a motion to dismiss; and - a reasonable likelihood that discovery could identify the defendant so service of process would be possible.
The court also stated that Strike 3 had satisfied the copyright-registration requirements under 17 U.S.C. § 411(a). The court acknowledged that merely alleging that someone was the internet subscriber assigned an address associated with infringing activity would not, by itself, establish a plausible copyright-infringement claim. But, at this stage and on the record presented, the court found that Strike 3 could use limited discovery to determine the defendant’s identity.
Order
The court granted Strike 3’s application and ordered the following:
- Strike 3 may serve Comcast with a subpoena under Rule 45 seeking the true name and address of the subscriber to whom Comcast assigned IP address 98.45.253.55. Strike 3 must attach the order to the subpoena.
- Comcast must serve the subpoena and the order on the subscriber within 30 days after Comcast receives the subpoena. Comcast may use reasonable methods, including first-class mail or overnight service to the subscriber’s last known address.
- Strike 3 may use the information only to protect and enforce the rights described in its complaint.
- Comcast may object to the subpoena or seek a protective order. If Comcast gives Strike 3 the subscriber’s identity, Strike 3 may not publicly disclose it without the subscriber’s consent or permission from the court.
Judge Virginia K. DeMarchi, a United States magistrate judge, signed the order. The order authorized discovery to identify the subscriber; it did not determine the subscriber’s identity or decide whether copyright infringement occurred.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.