Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.169.61.109

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
STRIKE 3 HOLDINGS, LLC,
Plaintiff,
v.
JOHN DOE SUBSCRIBER ASSIGNED IP
ADDRESS 67.169.61.109,
Defendant.
Case No. 26-cv-11126-VKD
ORDER GRANTING PLAINTIFF'S
MOTION FOR LEAVE TO SERVE
SUBPOENA
Re: Dkt. No. 8
Plaintiff Strike 3 Holdings, LLC (“Strike 3”) seeks leave to serve a third-party subpoena on
Comcast Cable (“Comcast”) prior to a Rule 26(f) conference.
Strike 3 has established that good cause exists for it to serve a third-party subpoena on
Comcast, the above-referenced subscriber’s internet service provider. See Gillespie v. Civiletti,
629 F.2d 637, 642 (9th Cir. 1980); UMG Recording, Inc. v. Doe, No. C08-1193 SBA, 2008 WL
4104214, at *4 (N.D. Cal. Sept. 3, 2008). Strike 3 has demonstrated that (1) it can identify the
defendant with sufficient specificity such that the Court can determine that the defendant is a real
person or entity who could be sued in federal court, (2) it has identified previous steps taken to
locate the elusive defendant, (3) its action against the defendant could withstand a motion to
dismiss, and (4) there is a reasonable likelihood of being able to identify the defendant through
discovery such that service of process would be possible. See Columbia Ins. Co. v.
Seescandy.com, 185 F.R.D. 573, 578-80 (N.D. Cal. 1999). Additionally, Strike 3’s application
indicates that Strike 3 has satisfied the registration requirements under 17 U.S.C. § 411(a) for
commencing a copyright infringement lawsuit. Fourth Estate Public Benefit Corp. v. Wall-
Street.com, LLC, 586 U.S. 296 (2019). Once Strike 3 learns the defendant’s identity, it cannot rely
Case 5:26-cv-11126-VKD Document 9 Filed 10/16/26 Page 1 of 2

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United States District Court
Northern District of California
on a bare allegation that a defendant is the registered subscriber of an internet protocol address
associated with infringing activity to state a plausible claim for direct or contributory copyright
infringement. Cobbler Nevada, LLC v. Gonzales, 901 F.3d 1142, 1144 (9th Cir. 2018). However,
at this stage of these proceedings, and upon the record presented, Strike 3 properly may serve
discovery to ascertain the defendant’s identity. See generally Glacier Films (USA), Inc. v.
Turchin, 896 F.3d 1033, 1036, 1038 (9th Cir. 2018) (observing that the district court’s case
management order permitting “limited discovery from an Internet Service Provider to establish a
potential infringer’s identity” was “a sensible way to manage its dockets . . . .”).
Accordingly, the Court grants Strike 3’s application and orders as follows:
1. Strike 3 may serve a Rule 45 subpoena on Comcast commanding Comcast to
provide Strike 3 with the true name and address of the subscriber to whom Comcast assigned IP
address 67.169.61.109. Strike 3 shall attach a copy of this order to any such subpoena.
2. Comcast shall serve a copy of the subpoena and a copy of this order on the
subscriber within 30 days of the date of service of the subpoena on Comcast. Comcast may serve
the subscriber using any reasonable means, including written notice sent to the subscriber’s last
known address, transmitted either by first-class mail or via overnight service.
3. Strike 3 may only use the information disclosed in response to a Rule 45 subpoena
served on Comcast for the purpose of protecting and enforcing Strike 3’s rights as set forth in its
complaint.
4. Comcast may object to the Rule 45 subpoena, and may also seek a protective order.
If Comcast produces information regarding the identity of the subscriber to Strike 3, Strike
3 shall not publicly disclose that information absent consent of the subscriber or leave of court.
IT IS SO ORDERED.
Dated: October 16, 2026
Virginia K. DeMarchi
United States Magistrate Judge
Case 5:26-cv-11126-VKD Document 9 Filed 10/16/26 Page 2 of 2