Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.132.100.56
- Virginia Demarchi
- 5:24-cv-01814
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge DeMarchi authorized subpoena discovery to identify the subscriber behind an internet-protocol address.
Strike 3 Holdings may serve Comcast Cable with a subpoena seeking the identity and address of the subscriber assigned internet-protocol address 76.132.100.56. The subscriber must receive notice, and Comcast may object or seek a protective order.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by internet-protocol address 76.132.100.56, and asked to serve Comcast Cable with a subpoena before the parties’ required early case-management conference. Strike 3 sought the subscriber’s true name and address.
The court found good cause for the early subpoena. Strike 3 sufficiently identified a potentially suable defendant, described efforts to locate the defendant, showed that its lawsuit could survive a request for dismissal, and showed a reasonable chance that discovery could identify the defendant. The court also noted that Strike 3 had satisfied copyright-registration requirements. It cautioned that merely showing that someone subscribed to an internet-protocol address linked to infringement would not, by itself, establish a plausible copyright-infringement claim.
Judge Virginia K. DeMarchi granted Strike 3’s application. Strike 3 may serve Comcast with a subpoena seeking the subscriber’s name and address, subject to notice to the subscriber, Comcast’s ability to object or seek protection from the court, and restrictions on publicly disclosing any identifying information.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.132.100.56 · No. 5:24-cv-01814
- Virginia Demarchi
- Apr. 18, 2024
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable before the parties held the conference ordinarily required early in a federal case. The subpoena would seek the true name and address of the subscriber to whom Comcast assigned internet-protocol address 76.132.100.56. The defendant was identified in the caption as John Doe because Strike 3 did not yet know the person’s name.
Court’s analysis
The court found that Strike 3 had established good cause for early discovery. It determined that Strike 3 had:
- identified the defendant with enough specificity for the court to determine that the defendant was a real person or entity who could be sued in federal court; - identified prior efforts to locate the defendant; - shown that the action could withstand a motion to dismiss; and - shown a reasonable likelihood that discovery could identify the defendant so that service of process would be possible.
The court also stated that Strike 3’s application showed compliance with the copyright-registration requirements in 17 U.S.C. § 411(a). At the same time, the court noted that a bare allegation that someone was the registered subscriber of an internet-protocol address associated with infringing activity is not enough, by itself, to state a plausible claim for direct or contributory copyright infringement. The court nevertheless concluded that, at this stage and on the record presented, Strike 3 could use limited discovery to determine the defendant’s identity.
Ruling and conditions
Judge Virginia K. DeMarchi granted Strike 3’s application for leave to serve the subpoena. The order provides that:
- Strike 3 may serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking the subscriber’s true name and address, and must attach the order to the subpoena.
- Comcast must serve the subscriber with the subpoena and the order 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 information produced in response to the subpoena only to protect and enforce the rights described in its complaint.
- Comcast may object to the subpoena and may seek a protective order.
If Comcast provides the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.