Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 23.120.35.152

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STRIKE 3 HOLDINGS, LLC,
Plaintiff,
v.
JOHN DOE SUBSCRIBER ASSIGNED IP
ADDRESS 23.120.35.152,
Defendant.
Case No. 26-cv-11122-KAW
ORDER ON EX PARTE MOTION FOR
LEAVE TO SERVE SUBPOENA PRIOR
TO RULE 26(f) CONFERENCE
Re: Dkt. No. 8
Plaintiff, Strike 3 Holdings, LLC, moves ex parte for leave to serve a third party subpoena
prior to a Rule 26(f) conference. The Court finds that:
1. Plaintiff has established that good cause exists for it to serve a third party subpoena on
AT&T Internet (“Initial ISP Provider”). See UMG Recording, Inc. v. Doe, No. C 08-1193 SBA,
2008 WL 4104214, at *4 (N.D. Cal. Sept. 3, 2008); Arista Records LLC v. Does 1–19, 551 F.
Supp. 2d 1, 6–7 (D.D.C. 2008).
2. Plaintiff may serve the Initial ISP Provider with a Rule 45 subpoena commanding it to
provide Plaintiff only with the true name and address of the Defendant to whom the Initial ISP
Provider assigned the IP address 23.120.35.152. Plaintiff shall attach a copy of this order to any
such subpoena.
3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any
service provider that is identified in response to a subpoena as a provider of Internet services to the
Defendant (together with the Initial ISP Provider, the “ISPs”).
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Case 4:26-cv-11122-KAW Document 9 Filed 10/15/26 Page 1 of 3

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United States District Court
Northern District of California
4. IT IS FURTHER ORDERED that subpoenas authorized by this order, and issued
pursuant thereto, shall be deemed appropriate court orders under 47 U.S.C. § 551, which provides
that “[a] cable operator may disclose [personally identifying] information if the disclosure is . . .
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 directed.” 47 U.S.C. § 551(c)(2)(B). This order is an
order authorizing such disclosure.
5. IT IS FURTHER ORDERED that each ISP will have 30 days from the date of service
upon it to serve each of its subscriber(s) whose identifying information is sought with a copy of
the subpoena and a copy of this order. The ISPs may serve the subscribers 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.
6. IT IS FURTHER ORDERED that each subscriber and each ISP shall have 30 days
from the date of service upon him, her or it to file any motions in this court contesting the
subpoena (including a motion to quash or modify the subpoena). If the 30-day period lapses
without the subscriber contesting the subpoena, the ISP shall have 10 days to produce to Plaintiff
the information responsive to the subpoena with respect to that subscriber.
7. IT IS FURTHER ORDERED that any ISP that receives a subpoena shall preserve all
subpoenaed information pending the ISP’s delivering such information to Plaintiff or the final
resolution of a timely filed motion to quash the subpoena with respect to such information.
8. IT IS FURTHER ORDERED that any information disclosed to Plaintiff in response to a
subpoena may be used by Plaintiff solely for the purpose of protecting its rights under the
Copyright Act, 17 U.S.C. § 101 et seq.
9. IT IS FURTHER ORDERED that any documents containing the name or other personal
identifying information of any current or proposed defendant shall be filed under seal. In so
doing, Strike 3 is instructed to follow the procedure set forth in Civil Local Rule 79-5 for all
documents that it seeks to file under seal. The redacted version of all documents in the public
record should redact only Defendant’s name and any other personal identifying information.
Strike 3 shall continue to use the current caption of the case, including the assigned IP address, but
Case 4:26-cv-11122-KAW Document 9 Filed 10/15/26 Page 2 of 3

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United States District Court
Northern District of California
may identify Defendant by name in the redacted portions of the sealed documents.
IT IS SO ORDERED.
Dated: October 15, 2026
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
Case 4:26-cv-11122-KAW Document 9 Filed 10/15/26 Page 3 of 3