Unreported / Non-Citable
Background
Strike 3 Holdings, LLC, a copyright plaintiff, sued in the United States District Court for the Northern District of California a defendant identified only as the "John Doe Subscriber Assigned IP Address 23.120.35.152" in Case No. 4:26-cv-11122-KAW. Because the subscriber's identity was unknown, Strike 3 moved ex parte for leave to serve a third-party subpoena before holding the conference ordinarily required by Federal Rule of Civil Procedure 26(f). The October 15, 2026 order (Document 9, responding to Dkt. No. 8) resolved that discovery motion; it did not decide whether the subscriber committed copyright infringement, and it entered no judgment on any underlying claim.
The court found that good cause existed for early third-party discovery, citing UMG Recording, Inc. v. Doe, No. C 08-1193 SBA, 2008 WL 4104214, at *4 (N.D. Cal. Sept. 3, 2008), and Arista Records LLC v. Does 1–19, 551 F. Supp. 2d 1, 6–7 (D.D.C. 2008). It authorized a Rule 45 subpoena directed to AT&T Internet, which the order designated the "Initial ISP Provider," and also permitted subpoenas to any other service provider identified in response to a subpoena as providing Internet services to the defendant. The order refers to AT&T Internet and any such additional provider collectively as "the ISPs."
The Court’s Holding
The court granted the motion but narrowly limited the disclosure. Strike 3 may serve the Initial ISP Provider with a Rule 45 subpoena commanding it to provide only the true name and address of the defendant to whom IP address 23.120.35.152 was assigned, and Strike 3 must attach a copy of the order to any such subpoena. The same limited subpoena may be served on any subsequently identified ISP. The court further ordered that subpoenas authorized by the order are deemed appropriate court orders under 47 U.S.C. § 551(c)(2)(B), the Cable Communications Policy Act provision permitting disclosure of personally identifying information pursuant to a court order when the subscriber is notified.
The order builds in subscriber protections and timing rules. Each ISP has 30 days from the date of service to serve each affected subscriber with a copy of the subpoena and a copy of the order, using any reasonable means, including first-class mail or overnight service to the subscriber's last known address. Each subscriber and each ISP then has 30 days from service to file a motion contesting the subpoena, including a motion to quash or modify. If the 30-day period lapses without a contest, the ISP has 10 days to produce the responsive information to Strike 3. Any ISP receiving a subpoena must preserve all subpoenaed information until it delivers the information or until final resolution of a timely motion to quash.
Finally, the order restricts use and protects confidentiality. Information disclosed in response to a subpoena may be used solely for the purpose of protecting Strike 3's rights under the Copyright Act, 17 U.S.C. § 101 et seq. Any documents containing the name or other personal identifying information of a current or proposed defendant must be filed under seal following the procedure in Civil Local Rule 79-5; public redacted versions should redact only the defendant's name and other personal identifying information. Strike 3 must continue using the current caption, including the assigned IP address, though it may identify the defendant by name in the redacted portions of sealed documents.
Key Takeaways
- The court found good cause to permit third-party subpoena discovery before the Rule 26(f) conference, relying on UMG Recording and Arista Records.
- The subpoenas are limited to the subscriber's true name and address tied to IP address 23.120.35.152, not broader ISP records, and the order must be attached to each subpoena.
- Each ISP must notify affected subscribers within 30 days of service, and subscribers and ISPs have 30 days to move to quash or modify before production proceeds.
- If the subpoena is uncontested, the ISP has 10 days to produce, and ISPs must preserve subpoenaed information pending production or final resolution of a timely challenge.
- Disclosed information may be used only for Copyright Act enforcement, and identifying information must be filed under seal under Civil Local Rule 79-5, with public redactions limited to the name and personal identifying information.
Why It Matters
The order illustrates how a federal court can allow a copyright plaintiff to identify an anonymous Doe defendant through targeted early discovery while embedding procedural safeguards—limited disclosure, subscriber notice, a contest window, preservation, use restrictions, and sealing—directly into the subpoena process. Its practical weight lies in that combination of safeguards rather than in any determination of liability.
The ruling leaves the merits and any subscriber challenge unresolved. It authorizes a mechanism for obtaining identifying information but does not establish that the subscriber is the alleged infringer, does not excuse compliance with Rule 45 or the local sealing procedures, and does not prejudge any future motion to quash or modify.