Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 75.31.74.165

Filing 9

ORDER by Judge Thomas S. Hixson granting 8 Ex Parte Application for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference. (tshlc1, COURT STAFF) (Filed on 11/13/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STRIKE 3 HOLDINGS, LLC,
Plaintiff,

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v.
JOHN DOE SUBSCRIBER ASSIGNED IP
ADDRESS 75.31.74.165,
Defendant.

United States District Court
Northern District of California

Case No. 23-cv-05495-TSH
ORDER GRANTING EX-PARTE
MOTION FOR LEAVE TO SERVE
THIRD PARTY SUBPOENA PRIOR TO
A RULE 26(F) CONFERENCE
Re: Dkt. No. 8

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THIS CAUSE came before the Court upon Plaintiff’s Ex-Parte Application for Leave to

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Serve a Third-Party Subpoena Prior to a Rule 26(f) Conference, and the Court being duly advised

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does FIND, ORDER AND ADJUDGE:

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1. Plaintiff has established “good cause” exists to serve a third-party subpoena on the

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internet service provider, AT&T Internet (the “ISP”). See UMG Recording, Inc. v. Doe, 2008 WL

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4104214, *4 (N.D. Cal. Sep. 3, 2008) (collecting cases); Strike 3 Holdings, LLC v. Doe, 2018 WL

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357287, at *2 (N.D. Cal. Jan. 10, 2018).

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2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to provide the

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true name and address of the Defendant to whom the ISP assigned an IP address as set forth on

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Exhibit A to the Complaint. Plaintiff shall attach a copy of this Order to the subpoena;

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3. Plaintiff may also serve a Rule 45 subpoena in the same manner on any service provider
that is identified in response to a subpoena as a provider of Internet services to the Defendant;

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4. If the ISP qualifies as a “cable operator” under 47 U.S.C. § 522(5), which defines the

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term “cable operator” as “any person or group of persons (A) who provides cable service over a

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cable system and directly or through one or more affiliates owns a significant interest in such cable

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system, or (B) who otherwise controls or is responsible for, through any arrangement, the

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management and operation of such a cable system,” the ISP shall comply with 47 U.S.C. §

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551(c)(2)(B), which provides that “[a] cable operator may disclose such [personal identifying]

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information if the disclosure is . . . made pursuant to a court order authorizing such disclosure, if

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the subscriber is notified of such order by the person to whom the order is directed,” by sending a

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copy of this Order to the Defendant; and

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served on the ISP for the purpose of protecting and enforcing Plaintiff’s rights as set forth in its

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Complaint.

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United States District Court
Northern District of California

5. Plaintiff may only use the information disclosed in response to a Rule 45 subpoena

6. The ISP shall serve a copy of the subpoena and a copy of this order on the

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subscriber within 30 days of the date of service on the ISP. The ISP may serve the subscribers

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using any reasonable means, including written notice sent to the subscriber’s last known address,

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transmitted either by first-class mail or via overnight service.

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7. Each subscriber and the ISP shall have 30 days from the date of service upon him, her,

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or it to file any motions in this court contesting the subpoena (including a motion to quash or

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modify the subpoena). If the 30-day period lapses without the subscriber contesting the subpoena,

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the ISP shall have 10 days to produce to Plaintiff the information responsive to the subpoena with

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respect to that subscriber.

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8. The ISP shall preserve all subpoenaed information pending the ISP’s delivering such

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information to Plaintiff or the final resolution of a timely filed motion to quash the subpoena with

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respect to such information.

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9. 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.

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Dated: November 13, 2023

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THOMAS S. HIXSON
United States Magistrate Judge

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