Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.202.134.10
Filing
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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
5.
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.
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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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//
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//
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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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