Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.202.134.10

Filing 11

Order by Magistrate Judge Lisa J. Cisneros granting #8 Ex Parte Application for Leave to Serve a Third Party Subpoena.(bns, COURT STAFF) (Filed on 5/9/2024)

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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.

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JOHN DOE SUBSCRIBER ASSIGNED IP
ADDRESS 71.202.134.10,

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United States District Court
Northern District of California

Case No. 24-cv-01800-LJC
ORDER ON EX PARTE APPLICATION
FOR LEAVE TO SERVE THIRDPARTY SUBPOENA
Re: Dkt. No. 8

Defendant.

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Plaintiff Strike 3 Holdings, LLC filed an ex parte application for leave to serve a thirdparty subpoena prior to a Rule 26(f) conference. The Court finds as follows:
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Plaintiff has established “good cause” to serve a third-party subpoena on Comcast

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Cable Communications, LLC (hereinafter the Internet Service Provider or ISP). See UMG

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Recording, Inc. v. Doe, 2008 WL 4104214, *4 (N.D. Cal. 2008); Arista Records LLC v. Does 1-

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

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2.

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

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

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internet protocol (“IP”) address as set forth in Exhibit A to the Complaint. Plaintiff shall attach to

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

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Defendant;

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4.

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provides:

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

the term “cable operator” means any person or group of persons
(A) who provides cable service over a cable system and directly or
through one or more affiliates owns a significant interest in such cable
system, or (B) who otherwise controls or is responsible for, through
any arrangement, the management and operation of such a cable
system.

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The ISP shall comply with 47 U.S.C. § 551(c)(2)(B), which provides:

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A cable operator may disclose [personal identifying] information if
the disclosure is . . . 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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by sending a copy of this Order to the Defendant; and
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United States District Court
Northern District of California

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

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

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its Complaint.
6.

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The ISP shall serve a copy of the subpoena and a copy of this Order on the

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subscriber(s) within 30 days of the date of service on the ISP. The ISP may serve the subscriber(s)

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using any reasonable means, including written notice sent to their last known address, transmitted

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either by first-class mail or via overnight service.
7.

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Each subscriber and ISP shall have 30 days from the date of service upon them to

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file a motion in this Court contesting the subpoena (including a motion to quash or modify the

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subpoena). If the 30-day period lapses without a subscriber contesting the subpoena, the ISP shall

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have 10 days thereafter to produce to Plaintiff the information responsive to the subpoena with

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respect to that subscriber.
8.

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The ISP shall preserve all subpoenaed information pending production of the same

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to Plaintiff or final resolution of any timely filed motion to quash the subpoena.

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9.

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The name and/or other personal identifying information of the Defendant shall be

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provisionally filed under seal in all filings and not otherwise disclosed. Once the Defendant has

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been served, the Court may require that he or she move for leave to proceed anonymously in this

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action.

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IT IS SO ORDERED.
Dated: May 9, 2024

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LISA J. CISNEROS
United States Magistrate Judge

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United States District Court
Northern District of California

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