Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 23.119.123.183 ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STRIKE 3 HOLDINGS, LLC, Case No. 22-cv-05150-EJD (SVK) 8 Plaintiff, ORDER ON EX PARTE APPLICATION 9 v. FOR LEAVE TO SERVE THIRD- PARTY SUBPOENA PRIOR TO RULE 10 JOHN DOE SUBSCRIBER ASSIGNED IP 26(f) CONFERENCE ADDRESS 23.119.123.183, 11 Re: Dkt. No. 7 Defendant. 12 13 Before the Court is Plaintiff Strike 3 Holdings, LLC’s ex parte application for leave to 14 serve a third-party subpoena on AT&T U-verse, the Internet Service Provider (“ISP”) for 15 Defendant John Doe, in an effort to identify Defendant prior to the conference required under 16 Federal Rule of Civil Procedure 26(f). Good cause appearing, the Court GRANTS the application 17 on the following conditions: 18 • The subpoena shall request only the actual name and address of the subscriber to whom the 19 ISP assigned the above-captioned IP address during the time frame from 14 DAYS 20 BEFORE the date of the first alleged infringing act to 14 DAYS AFTER the date of the 21 last alleged infringing act as set forth in Exhibit A to the complaint. 22 • Plaintiff shall attach a copy of this order to the subpoena. 23 • Plaintiff may not use any information disclosed by the ISP for any purpose other than 24 protecting its rights as set forth in the complaint. 25 • The ISP shall, in turn, serve a copy of the subpoena and a copy of this order on the 26 subscriber within 14 DAYS of the date of service on the ISP. 27 • The return date on the subpoena shall be no less than 45 DAYS from the date of service on 1 the ISP. The ISP shall not disclose any identifying information about defendant to Plaintiff 2 prior to the return date or prior to the resolution of any motions to quash or modify the 3 subpoena. 4 e Defendant John Doe will have 30 DAYS from the date of service upon him or her to file 5 any motions contesting the subpoena (including a motion to quash or modify the subpoena) 6 with the Court for the district where compliance with the subpoena is required. 7 e The ISP shall preserve any subpoenaed information pending the resolution of any timely- 8 filed motion to quash or modify the subpoena. 9 e Ifthe ISP produces information regarding Defendant to Plaintiff, Plaintiff shall not 10 publicly disclose that information until Defendant has an opportunity to file a motion with 11 this Court to be allowed to proceed in this litigation anonymously and that motion is ruled 12 on by the Court. If Defendant fails to file a motion for leave to proceed anonymously 5 13 within 30 DAYS after his or her information is disclosed to Plaintiff, this limited protective 14 order will expire. If Defendant includes identifying information in his or her request to 3 15 proceed anonymously, the Court finds good cause to order the papers filed under seal until 16 the Court has an opportunity to rule on the request. See Digital Sin, Inc. v. Does 1-5698, 3 17 No. C 11-04397 LB, 2011 WL 5362068, at *4 (N.D. Cal. Nov. 4, 2011). In the event 18 Defendant’s request is placed under seal, the court will direct Defendant to submit a copy 19 of the under-seal request to Plaintiff and will ensure that Plaintiff has time to respond. 20 e In its proposed order, Plaintiff also sought leave to serve subpoenas on “any service 21 provider that is identified in response to a subpoena as a provider of Internet services to 22 one of the Defendants.” Plaintiff must seek leave to serve subpoenas on any other service 23 provider besides the ISP identified above. 24 SO ORDERED. 25 Dated: September 29, 2022 26 21 Seasien 28 SUSAN VAN KEULEN United States Magistrate Judge