Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address

Filing 9

Order by Chief Magistrate Judge Joseph C. Spero granting 8 Ex Parte Application. (jcslc2S, COURT STAFF) (Filed on 12/6/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STRIKE 3 HOLDINGS, LLC, Case No. 17-cv-06663-JCS Plaintiff, 8 v. 9 10 JOHN DOE subscriber assigned IP address, United States District Court Northern District of California Re: Dkt. No. 8 Defendant. 11 12 ORDER ON EX PARTE MOTION FOR LEAVE TO SERVE SUBPOENA PRIOR TO RULE 26(f) CONFERENCE Plaintiff Strike 3 Holdings, LLC moves ex parte for leave to serve a third party subpoena 13 prior to a Rule 26(f) conference. The Court being duly advised does hereby FIND, ORDER 14 AND ADJUDGE: 15 1. Plaintiff has established that ―good cause‖ exists for it to serve a third party 16 subpoena on Comcast Cable Communications, LLC (―Comcast‖). See UMG Recording, Inc. v. 17 Doe, No. C 08-1193 SBA, 2008 WL 4104214, at *4 (N.D. Cal. Sept. 3, 2008); Arista Records 18 LLC v. Does 1–19, 551 F. Supp. 2d 1, 6–7 (D.D.C. 2008). 19 2. Plaintiff may serve Comcast with a Rule 45 subpoena commanding Comcast to 20 provide Plaintiff only with the true name and address of the Defendant to whom Comcast assigned 21 the IP address Plaintiff shall attach to any such subpoena a copy of this order. 22 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 23 service provider that is identified in response to a subpoena as a provider of Internet services to the 24 Defendant (together with Comcast, the ―ISPs‖). 25 4. IT IS FURTHER ORDERED that subpoenas authorized by this order and issued 26 pursuant thereto shall be deemed appropriate court orders under 47 U.S.C. § 551. In particular, 47 27 U.S.C. § 551(c)(2)(B) provides as follows: 28 (c) Disclosure of personally identifiable information [. . .] 1 (2) A cable operator may disclose such information if the disclosure is— [. . .] 2 3 (B) subject to subsection (h) [relating to disclosures to governmental agencies] of this action, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed . . . . 4 5 6 7 This order is an order authorizing such disclosure. 5. IT IS FURTHER ORDERED that each ISP will have 30 days from the date of 8 service upon it to serve each of its subscriber(s) whose identity information is sought with a copy 9 of the subpoena and a copy of this order. The ISPs may serve the subscribers using any reasonable means, including written notice sent to the subscriber’s last known address, transmitted 11 United States District Court Northern District of California 10 either by first-class mail or via overnight service. 12 6. IT IS FURTHER ORDERED that each subscriber and each ISP shall have 30 13 days from the date of service upon him, her or it to file any motions in this court contesting the 14 subpoena (including a motion to quash or modify the subpoena). If the 30-day period lapses 15 without the subscriber contesting the subpoena, the ISP shall have 10 days to produce to Plaintiff 16 the information responsive to the subpoena with respect to that subscriber. 17 7. IT IS FURTHER ORDERED that any ISP that receives a subpoena shall preserve 18 all subpoenaed information pending the ISP’s delivering such information to Plaintiff or the final 19 resolution of a timely filed motion to quash the subpoena with respect to such information. 20 8. IT IS FURTHER ORDERED that any information disclosed to Plaintiff in 21 response to a subpoena may be used by Plaintiff solely for the purpose of protecting its rights 22 under the Copyright Act, 17 U.S.C. § 101 et seq. 23 24 25 26 27 9. IT IS FURTHER ORDERED that any name or other personal identifying information of any current or proposed defendant shall be filed UNDER SEAL in all filings. IT IS SO ORDERED. Dated: December 6, 2017 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge 28 2

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