Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 104.15.67.119 ( 2020 )

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 STRIKE 3 HOLDINGS, LLC, Case No. 20-cv-07422-JCS 6 Plaintiff, ORDER GRANTING EX PARTE 7 v. APPLICATION TO SERVE SUBPOENA 8 JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 104.15.67.119, Re: Dkt. No. 9 9 Defendant. 10 11 Plaintiff Strike 3 Holdings, LLC moves ex parte for leave to serve a third party subpoena 12 prior to a Rule 26(f) conference. The Court being duly advised does hereby FIND, ORDER 13 AND ADJUDGE: 14 1. Plaintiff has established that “good cause” exists for it to serve a third party 15 subpoena on AT&T U-Verse (“AT&T”). See UMG Recording, Inc. v. Doe, No. C 08-1193 SBA, 16 2008 WL 4104214, *4 (N.D. Cal. 2008); Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 6–7 17 (D.D.C. 2008). 18 2. Plaintiff may serve AT&T with a Rule 45 subpoena commanding AT&T to provide 19 Plaintiff with the true name and address of the Defendant to whom AT&T assigned the IP address 20 104.15.67.119. Plaintiff shall attach to any such subpoena a copy of this order. 21 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 22 service provider that is identified in response to a subpoena as a provider of Internet services to 23 Defendant (together with AT&T, the “ISPs”). 24 4. IT IS FURTHER ORDERED that subpoenas authorized by this order and issued 25 pursuant thereto shall be deemed appropriate court orders under 47 U.S.C. § 551. In particular, 47 26 U.S.C. § 551(c)(2)(B) provides as follows: 27 (c) Disclosure of personally identifiable information 1 (2) A cable operator may disclose such information if the disclosure is— [...] 2 (B) subject to subsection (h) [relating to disclosures to governmental 3 agencies] 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 4 directed .... 5 This order is an order authorizing such disclosure. 6 5. IT IS FURTHER ORDERED that each ISP will have 30 days from the date of 7 || service upon it to serve each of its subscriber(s) whose identity information is sought with a copy 8 of the subpoena and a copy of this order. The ISPs may serve the subscribers using any 9 reasonable means, including written notice sent to the subscriber’s last known address, transmitted 10 || either by first-class mail or via overnight service. 1] 6. IT IS FURTHER ORDERED that each subscriber and each ISP shall have 30 a 12 days from the date of service upon him, her or it to file any motions in this court contesting the 13 subpoena (including a motion to quash or modify the subpoena). If the 30-day period after service Y 14 || on the subscriber lapses without the subscriber or the ISP contesting the subpoena, the ISP shall Oo 15 || have 10 days to produce to Plaintiff the information responsive to the subpoena with respect to A 16 that subscriber. 17 7. IT IS FURTHER ORDERED that any ISP that receives a subpoena shall preserve Z 18 all subpoenaed information pending the ISP’s delivering such information to Plaintiff or the final 19 || resolution of a timely filed motion to quash the subpoena with respect to such information. 20 8. IT IS FURTHER ORDERED that any information disclosed to Plaintiff in 21 response to a subpoena may be used by Plaintiff solely for the purpose of protecting its rights 22 || under the Copyright Act, 17 U.S.C. § 101 et seq. 23 IT IS FURTHER ORDERED that any name or other personal identifying information of 24 || any current or proposed defendant, or any other subscriber identified in response to a subpoena, 25 shall be filed UNDER SEAL in all filings and not otherwise disclosed. 26 IT ISSO ORDERED. 27 || Dated: November 16, 2020 c a J PH C. SPERO 28 ief Magistrate Judge