Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.21.63.82
3:25-cv-03875
N.D. Cal.May 19, 2025Background
- Strike 3 Holdings, LLC filed a copyright infringement suit against an unidentified "John Doe" defendant, linked only by an IP address assigned by Comcast.
- Strike 3 sought leave from the court to issue an early subpoena to Comcast, the internet service provider (ISP), before the Rule 26(f) conference, to uncover the defendant’s identity.
- The court considered whether there was “good cause” to permit such early discovery—balancing the need for identification against privacy interests.
- The order sets out procedural safeguards, requiring notice to the subscriber, time for objections, and limited use of any information disclosed.
- The information obtained may only be used for protecting and enforcing Strike 3’s rights as detailed in the complaint, and must be kept confidential initially.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Early subpoena to identify "John Doe" via ISP | Good cause exists for discovery | Privacy and procedural rights | Good cause exists; subpoena granted |
| Notice to defendant regarding subpoena | ISP should notify subscriber | Subscriber's right to notice | ISP must notify and allow objections |
| Confidentiality of disclosed information | Should use info only for this case | Right to avoid public exposure | Info limited to litigation use, sealed |
| Timeline for objections and production | Reasonable, but efficient process | Needs time to contest subpoena | 30 days to object, then 10 days to produce |
Key Cases Cited
No official reporter cases were cited in this opinion; only Westlaw citations were referenced.
