Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.23.247.224

Filing 10

ORDER by Judge Kandis A. Westmore granting 8 Ex Parte Application for leave to serve subpoena prior to Rule 26(f) Conference. (kawlc1, COURT STAFF) (Filed on 7/24/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STRIKE 3 HOLDINGS, LLC,
Plaintiff,

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v.

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JOHN DOE SUBSCRIBER ASSIGNED IP
ADDRESS 24.23.247.224,

Case No. 4:18-cv-03661-KAW
ORDER ON EX PARTE MOTION FOR
LEAVE TO SERVE SUBPOENA PRIOR
TO RULE 26(f) CONFERENCE
Re: Dkt. No. 8

United States District Court
Northern District of California

Defendant.
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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 finds that:
1. Plaintiff has established that good cause exists for it to serve a third party subpoena on

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Comcast Cable Communications, LLC (“Initial ISP Provider”). See UMG Recording, Inc. v. Doe,

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

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Does 1–19, 551 F. Supp. 2d 1, 6–7 (D.D.C. 2008).
2. Plaintiff may serve the Initial ISP Provider with a Rule 45 subpoena commanding it to

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

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Provider assigned the IP address 24.23.247.224. Plaintiff shall attach a copy of this order to any

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such subpoena.

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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 the Initial ISP Provider, 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, which provides

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that “[a] cable operator may disclose [personally identifying] information if the disclosure is . . .

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made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such

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order by the person to whom the order is directed.” 47 U.S.C. § 551(c)(2)(B). This order is an

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order authorizing such disclosure.

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5. IT IS FURTHER ORDERED that each ISP will have 30 days from the date of service
upon it to serve each of its subscriber(s) whose identifying information is sought with a copy of

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the subpoena and a copy of this order. The ISPs may serve the subscribers using any reasonable

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means, including written notice sent to the subscriber’s last known address, transmitted either by

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United States District Court
Northern District of California

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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 days

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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 all

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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 response to a

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subpoena may be used by Plaintiff solely for the purpose of protecting its rights under the

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

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9. IT IS FURTHER ORDERED that any documents containing the name or other personal

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identifying information of any current or proposed defendant shall be filed under seal. In so

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doing, Strike 3 is instructed to follow the procedure set forth in Civil Local Rule 79-5 for all

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documents that it seeks to file under seal. The redacted version of all documents in the public

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record should redact only Defendant’s name and any other personal identifying information.

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Strike 3 shall continue to use the current caption of the case, including the assigned IP address, but
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may identify Defendant by name in the redacted portions of the sealed documents.
IT IS SO ORDERED.
Dated: July 24, 2018
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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