Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.15.100.131 ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 STRIKE 3 HOLDINGS, LLC, Case No.: 3:23-cv-00657-VC 11 Plaintiff, [PROPOSED] ORDER ON EX PARTE 12 APPLICATION FOR LEAVE TO vs. SERVE THIRD-PARTY SUBPOENA 13 PRIOR TO A RULE 26(f) JOHN DOE subscriber assigned IP address CONFERENCE 14 73.15.100.131, 15 Defendant. 16 17 THIS CAUSE came before the Court upon Plaintiff’s Ex Parte Application for Leave to 18 Serve a Third-Party Subpoena Prior to a Federal Rule of Civil Procedure 26(f) Conference (the 19 “Application”), and the Court being duly advised does hereby: 20 21 FIND, ORDER AND ADJUDGE: 22 1. Plaintiff has established that “good cause” exists for it to serve a third-party 23 subpoena on Comcast Cable (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe, 2008 24 WL 4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 6– 25 7 (D.D.C. 2008); 26 27 1 1 2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to 2 || provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an 3 || IP address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such 4 || subpoena a copy of this Order; 5 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 6 || service provider that is identified in response to a subpoena as a provider of Internet services to 7 || one of the Defendants; 8 4. If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5), 9 || which states: 10 the term “cable operator” means any person or group of persons 11 (A) who provides cable service over a cable system and directly or through one 12 or more affiliates owns a significant interest in such cable system, or 13 (B) who otherwise controls or is responsible for, through any arrangement, the 14 management and operation of such a cable system. 15 || it shall comply with 47 U.S.C. § 551(c)(2)(B), which states: 16 A cable operator may disclose such [personal identifying] information if the 17 disclosure is . . . made pursuant to a court order authorizing such disclosure, if 18 the subscriber is notified of such order by the person to whom the order is 19 directed. 20 || by sending a copy of this Order to the Defendant; and 21 5. Plaintiff may only use the information disclosed in response to a Rule 45 22 || subpoena served on the ISP for the purpose of protecting and enforcing Plaintiff's rights as set 23 || forth in its Complaint. 24 IT IS SO ORDERED. 25 || Dated: February 24, 2023 By: Ln Z United States District Judge 26 Hon. Vince Chhabria 27 28 {Proposed} Order on Application for Leave to Serve Third-Party Subpoena Prior to a Rule 26(f) Conference