Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.102.26.213

Good Law
United States District Court, Northern District of CaliforniaJanuary 21, 20205:19-cv-08239California601 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 STRIKE 3 HOLDINGS, LLC, Case No. 19-cv-08239-VKD

Plaintiff,

ORDER GRANTING EX PARTE

v. REQUEST TO SERVE THIRD PARTY

SUBPOENA

JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 76.102.26.213, Re: Dkt. No. 8 12 Defendant.

13 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)…

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