Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.180.248.237

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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STRIKE 3 HOLDINGS, LLC,

Case No. 17-cv-06663-JCS

Plaintiff,
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v.
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JOHN DOE subscriber assigned IP address
67.180.248.237,

United States District Court
Northern District of California

Re: Dkt. No. 8

Defendant.

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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

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prior to a Rule 26(f) conference. The Court being duly advised does hereby FIND, ORDER

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AND ADJUDGE:

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1.

Plaintiff has established that ―good cause‖ exists for it to serve a third party

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subpoena on Comcast Cable Communications, LLC (―Comcast‖). See UMG Recording, Inc. v.

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Doe, No. C 08-1193 SBA, 2008 WL 4104214, at *4 (N.D. Cal. Sept. 3, 2008); Arista Records

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LLC v. Does 1–19, 551 F. Supp. 2d 1, 6–7 (D.D.C. 2008).

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2.

Plaintiff may serve Comcast with a Rule 45 subpoena commanding Comcast to

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provide Plaintiff only with the true name and address of the Defendant to whom Comcast assigned

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the IP address 67.180.248.237. Plaintiff shall attach to any such subpoena a copy of this order.

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3.

Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any

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service provider that is identified in response to a subpoena as a provider of Internet services to the

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Defendant (together with Comcast, the ―ISPs‖).

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4.

IT IS FURTHER ORDERED that subpoenas authorized by this order and issued

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pursuant thereto shall be deemed appropriate court orders under 47 U.S.C. § 551. In particular, 47

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U.S.C. § 551(c)(2)(B) provides as follows:

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(c) Disclosure of personally identifiable information

[. . .]

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(2) A cable operator may disclose such information if the disclosure
is—
[. . .]

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(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 . . . .

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This order is an order authorizing such disclosure.
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IT IS FURTHER ORDERED that each ISP will have 30 days from the date of

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service upon it to serve each of its subscriber(s) whose identity information is sought with a copy

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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

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United States District Court
Northern District of California

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either by first-class mail or via overnight service.

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6.

IT IS FURTHER ORDERED that each subscriber and each ISP shall have 30

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days from the date of service upon him, her or it to file any motions in this court contesting the

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subpoena (including a motion to quash or modify the subpoena). If the 30-day period lapses

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without the subscriber contesting the subpoena, the ISP shall have 10 days to produce to Plaintiff

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the information responsive to the subpoena with respect to that subscriber.

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7.

IT IS FURTHER ORDERED that any ISP that receives a subpoena shall preserve

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all subpoenaed information pending the ISP’s delivering such information to Plaintiff or the final

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resolution of a timely filed motion to quash the subpoena with respect to such information.

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8.

IT IS FURTHER ORDERED that any information disclosed to Plaintiff in

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response to a subpoena may be used by Plaintiff solely for the purpose of protecting its rights

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under the Copyright Act, 17 U.S.C. § 101 et seq.

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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

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