Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 23.114.176.59

Filing 8

Order by Judge Jon S. Tigar granting 7 Ex Parte Application 7 Ex Parte Application for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference; Memorandum of Points and Authorities in Support Thereof. Motions due by 12/14/2023.(mll, COURT STAFF) (Filed on 11/14/2023)

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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.

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JOHN DOE SUBSCRIBER ASSIGNED IP
ADDRESS 23.114.176.59,

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United States District Court
Northern District of California

Case No. 23-cv-05473-JST

Defendant.

ORDER GRANTING EX PARTE
APPLICATION FOR LEAVE TO
SERVE THIRD-PARTY SUBPOENA
PRIOR TO RULE 26(F) CONFERENCE
Re: ECF No. 7

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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. ECF No. 7. After considering the application, the Court orders

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the following:
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Strike 3 has established that “good cause” exists for it to serve a third-party

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subpoena on AT&T Internet (the “ISP”) under Rule 45 of the Federal Rules of Civil Procedure.

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E.g., Strike 3 Holdings, LLC v. Doe, No. 17-CV-07051-LB, 2018 WL 357287, at *2-3 (N.D. Cal.

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Jan. 10, 2018).
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Strike 3 may serve the ISP with a Rule 45 subpoena commanding the ISP to

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provide Strike 3 with the true name and address of the Defendant to whom the ISP assigned an IP

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address as detailed in the complaint and as listed in the case caption. Strike 3 shall attach a copy

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of this order to any such subpoena.
3.

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Strike 3 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

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Defendant.

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///

4.

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with 47 U.S.C. § 551(c)(2) by sending a copy of this order to Defendant.1 See 47 U.S.C.

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§ 551(c)(2) (“A cable operator may disclose such [personal identifying] information if the

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

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notified of such order by the person to whom the order is directed. . . .”)
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Strike 3 may only use the information disclosed in response to a Rule 45 subpoena

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served on the ISP for the purpose of protecting and enforcing Strike 3’s rights as set forth in its

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complaint.
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United States District Court
Northern District of California

If the ISP qualifies as a “cable operator” under 47 U.S.C. § 522(5), it shall comply

Each ISP will have 30 days from the date of service upon it to serve each of its

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subscribers whose identity information is sought with a copy of the subpoena and a copy of this

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order. The ISPs may serve the subscribers through any reasonable means, including written notice

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sent to the subscriber’s last known address, transmitted either by first class mail or overnight

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service.
7.

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

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of them to file any motions in this Court contesting the subpoena (including motions to quash or

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modify the subpoena). If the 30-day period after service on the subscriber lapses without the

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subscriber or the ISP contesting the subpoena, the ISP shall have 10 days to produce to Strike 3

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the information responsive to the subpoena with respect to that subscriber.
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Under Rule 26(c) of the Federal Rules of Civil Procedure, the Court may sua

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sponte grant a protective order. Strike 3 Holdings, 2018 WL 357287, at *3. Because the ISP

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subscriber(s) may not be the individual(s) who infringed Strike 3’s copyright, and because of the

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potential embarrassment associated with being publicly accused of illegally downloading adult

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motion pictures, the Court issues the following limited protective order in this case: To the extent

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that the ISP releases any name or other personal identifying information regarding any current or

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proposed defendant to Strike 3, such information shall be treated as confidential and shall not be

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A “cable operator” is “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.” 47 U.S.C. § 522(5).
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publicly disclosed until Defendant has had the opportunity to file a motion with this Court to

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proceed anonymously and the Court has ruled on that motion. If Defendant fails to file a motion

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for leave to proceed anonymously within 30 days after his or her information is disclosed to

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Strike 3, this limited protective order will expire.

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IT IS SO ORDERED.
Dated: November 14, 2023
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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