Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 89.117.45.84

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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 89.117.45.84,
Defendant.
Case No. 26-cv-10988-SVK
ORDER ON EX PARTE APPLICATION
FOR LEAVE TO SERVE THIRD-
PARTY SUBPOENA PRIOR TO RULE
26(f) CONFERENCE
Re: Dkt. No. 8
Before the Court is Plaintiff Strike 3 Holdings, LLC’s ex parte application for leave to
serve a third-party subpoena on Cox Communications, the Internet Service Provider (“ISP”) for
Defendant John Doe, in an effort to identify Defendant prior to the conference required under
Federal Rule of Civil Procedure 26(f). Good cause appearing, the Court GRANTS the application
on the following conditions:
• The subpoena shall request only the actual name and address of the subscriber to whom the
ISP assigned the above-captioned IP address during the time frame from 14 DAYS
BEFORE the date of the first alleged infringing act to 14 DAYS AFTER the date of the
last alleged infringing act as set forth in Exhibit A to the complaint.
• Plaintiff shall attach a copy of this order to the subpoena.
• Plaintiff may not use any information disclosed by the ISP for any purpose other than
protecting its rights as set forth in the complaint.
• The ISP shall, in turn, serve a copy of the subpoena and a copy of this order on the
subscriber within 14 DAYS of the date of service on the ISP.
• The return date on the subpoena shall be no less than 45 DAYS from the date of service on
Case 5:26-cv-10988-SVK Document 9 Filed 10/14/26 Page 1 of 2

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United States District Court
Northern District of California
the ISP. The ISP shall not disclose any identifying information about defendant to Plaintiff
prior to the return date or prior to the resolution of any motions to quash or modify the
subpoena.
• Defendant John Doe will have 30 DAYS from the date of service upon him or her to file
any motions contesting the subpoena (including a motion to quash or modify the subpoena)
with the Court for the district where compliance with the subpoena is required.
• The ISP shall preserve any subpoenaed information pending the resolution of any timely-
filed motion to quash or modify the subpoena.
• If the ISP produces information regarding Defendant to Plaintiff, Plaintiff shall not
publicly disclose that information until Defendant has an opportunity to file a motion with
this Court to be allowed to proceed in this litigation anonymously and that motion is ruled
on by the Court. If Defendant fails to file a motion for leave to proceed anonymously
within 30 DAYS after his or her information is disclosed to Plaintiff, this limited protective
order will expire. If Defendant includes identifying information in his or her request to
proceed anonymously, the Court finds good cause to order the papers filed under seal until
the Court has an opportunity to rule on the request. See Digital Sin, Inc. v. Does 1-5698,
No. C 11-04397 LB, 2011 WL 5362068, at *4 (N.D. Cal. Nov. 4, 2011). In the event
Defendant’s request is placed under seal, the court will direct Defendant to submit a copy
of the under-seal request to Plaintiff and will ensure that Plaintiff has time to respond.
• Plaintiff must seek leave to serve subpoenas on any other service provider besides the ISP
identified above.
SO ORDERED.
Dated: October 14, 2026
SUSAN VAN KEULEN
United States Magistrate Judge
Case 5:26-cv-10988-SVK Document 9 Filed 10/14/26 Page 2 of 2