Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.202.129.58
Filing
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Order by Chief Magistrate Judge Joseph C. Spero granting 8 Ex Parte Application. (jcslc2S, COURT STAFF) (Filed on 1/24/2018)
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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-07061-JCS
Plaintiff,
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v.
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JOHN DOE SUBSCRIBER ASSIGNED IP
ADDRESS 71.202.129.58,
Defendant.
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ORDER REGARDING EX PARTE
MOTION FOR LEAVE TO SERVE
SUBPOENA BEFORE RULE 26(f)
CONFERENCE
Re: Dkt. No. 8
Plaintiff Strike 3 Holdings, LLC moves ex parte for leave to serve a third party subpoena
United States District Court
Northern District of California
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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 (―Comcast‖). See UMG Recording, Inc. v. Doe, No. C 08-1193 SBA,
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2008 WL 4104214, at *4 (N.D. Cal. Sept. 3, 2008); Arista Records LLC v. Does 1–19, 551 F.
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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 71.202.129.58. 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
[. . .]
(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 . . . .
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
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reasonable means, including written notice sent to the subscriber’s last known address, transmitted
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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
United States District Court
Northern District of California
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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 after service
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on the subscriber lapses without the subscriber or the ISP contesting the subpoena, the ISP shall
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have 10 days to produce to Plaintiff the information responsive to the subpoena with respect to
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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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IT IS FURTHER ORDERED that any name or other personal identifying information of
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any current or proposed defendant shall be filed UNDER SEAL in all filings and not otherwise
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disclosed.
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IT IS SO ORDERED.
Dated: January 24, 2018
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JOSEPH C. SPERO
Chief Magistrate Judge
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