Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 35.132.117.95
- Joseph Spero
- 3:24-cv-02509
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero authorized early subpoenas to identify the subscriber tied to an IP address, with notice and challenge rights.
Strike 3 Holdings, LLC, Spectrum, any other internet service provider identified through the subpoena process, and the subscriber assigned IP address 35.132.117.95.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 35.132.117.95, Strike 3 Holdings asked to serve a subpoena before the parties’ required early case conference. The subpoena sought the name and address of the person assigned the listed IP address.
The court found good cause and authorized Strike 3 to subpoena Spectrum and any other internet provider identified through the subpoena process. The providers must notify affected subscribers, who may challenge or seek to change the subpoena within 30 days. If no challenge is filed, the provider must produce the information within 10 days.
Judge Joseph C. Spero also ordered the providers to preserve the requested information and limited Strike 3’s use of any disclosed information to protecting its rights under copyright law. Any filings containing the information must be filed under seal.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 35.132.117.95 · No. 3:24-cv-02509
- Joseph Spero
- June 3, 2024
Background
Strike 3 Holdings, LLC sought permission to serve a third-party subpoena before the required Rule 26(f) conference. The subpoena would be directed first to Spectrum and would seek the true name and address of the defendant to whom Spectrum assigned IP address 35.132.117.95.
Ruling
The court found that Strike 3 had established good cause for early discovery and authorized it to serve a subpoena under Federal Rule of Civil Procedure 45 on Spectrum. The court also authorized subpoenas to any other internet service provider identified in response as providing internet services to the defendant.
The order states that the authorized subpoenas qualify as court orders permitting disclosure under 47 U.S.C. § 551, provided the subscriber is notified. Each provider must serve the subscriber with the subpoena and the order within 30 days after service on the provider. The subscriber or provider then has 30 days after service to file a motion contesting, quashing, or modifying the subpoena. If that period expires without a challenge, the provider has 10 days to produce the responsive information.
The providers must preserve the subpoenaed information until they deliver it to Strike 3 or until a timely motion to quash is finally resolved. Strike 3 may use disclosed information only to protect its rights under the Copyright Act. Filings containing information about any current or proposed defendant must be filed under seal. Judge Joseph C. Spero entered the order on June 3, 2024.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.