Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.202.134.10
- Cisneros
- 3:24-cv-01800
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Cisneros authorized subpoenas seeking the subscriber’s identity and imposed notice, confidentiality, and challenge procedures.
Strike 3 Holdings, LLC, the John Doe subscriber associated with IP address 71.202.134.10, Comcast Cable Communications, LLC, and any other internet-service provider identified in response to a subpoena.
What happened
Strike 3 Holdings, LLC asked in Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 71.202.134.10 for permission to subpoena Comcast before the parties’ required initial conference. The court found good cause for the request.
The order allows Strike 3 to subpoena Comcast for the defendant’s true name and address and to subpoena another internet provider identified in Comcast’s response. The provider must notify the subscriber, and the subscriber or provider may challenge the subpoena within 30 days.
Judge Cisneros ordered the provider to preserve the information and limited Strike 3’s use of it to enforcing the rights described in its complaint. The defendant’s identifying information must be filed under seal, and the order does not decide the underlying claims.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.202.134.10 · No. 3:24-cv-01800
- Cisneros
- May 9, 2024
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 held the conference required by Federal Rule of Civil Procedure 26(f). Strike 3 sought to subpoena Comcast Cable Communications, LLC for the true name and address of the defendant associated with the internet protocol address listed in the complaint.
Order
The court found that Strike 3 had shown good cause to serve the subpoena. The order authorizes Strike 3 to serve Comcast with a Rule 45 subpoena seeking the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena. If Comcast’s response identifies another internet-service provider for the defendant, Strike 3 may serve that provider with a subpoena in the same manner.
If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), the order requires it to comply with 47 U.S.C. § 551(c)(2)(B), which permits disclosure of personal identifying information under a court order when the subscriber is notified. The provider must serve the subscriber with copies of the subpoena and this order within 30 days after the subpoena is served.
Subscriber protections and confidentiality
Each subscriber and provider has 30 days after service to file a motion contesting the subpoena, including a motion to quash or modify it. If no subscriber challenges the subpoena during that period, the provider has 10 additional days to produce the responsive information for that subscriber. The provider must preserve the subpoenaed information until it produces the information or until any timely motion to quash is finally resolved.
Strike 3 may use information disclosed in response to the subpoena only to protect and enforce the rights described in its complaint. The defendant’s name and other identifying information must be filed provisionally under seal and may not otherwise be disclosed. After service on the defendant, the court may require the defendant to request permission to proceed anonymously.
Disposition
The order allows the requested third-party subpoena process and sets procedures for notice, challenges, preservation, and confidentiality. It does not decide the underlying claims against the defendant. The order was signed by Lisa J. Cisneros, United States Magistrate Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.