Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.255.194.221
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STRIKE 3 HOLDINGS, LLC, No. 2:24-cv-02301-TLN-CKD Plaintiff, v. ORDER JOHN DOE subscriber assigned IP address 98.255.194.221, 15 Defendant. 16 17 I. INTRODUCTION Plaintiff filed this matter on August 23, 2024, alleging it holds the copyright on various adult films, and that defendant is infringing on those copyrights by anonymously downloading and distributing Strike 3’s films to others, using the BitTorrent protocol. (ECF No. 1.) Plaintiff can only identify defendant by his or her IP address, through which defendant downloads and distributes the films. (Id.) To acquire the true name and address of defendant, plaintiff brings an ex parte application to engage in expedited discovery and serve a third-party subpoena, prior to a Rule 26(f) conference, on defendant’s internet service provider (“ISP”). (ECF No. 3-1.) Plaintiff asserts that without the subpoena it will be unable to serve the complaint on defendant and will, therefore, be…