Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 45.30.93.48

Good Law
United States District Court, Northern District of CaliforniaApril 26, 20215:21-cv-02487California666 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 STRIKE 3 HOLDINGS, LLC, Case No. 21-cv-02487-VKD

Plaintiff,

ORDER RE MOTION FOR LEAVE TO

v. SERVE SUBPOENA

JOHN DOE SUBSCRIBER ASSIGNED IP Re: Dkt. No.

ADDRESS 45.30.93.48,

12 Defendant.

13 Plaintiff Strike 3 Holdings, LLC (“Strike 3”) seeks leave to serve a third-party subpoena on 14 AT&T U-verse prior to a Rule 26(f) conference. 15 Strike 3 has established that good cause exists for it to serve a third-party subpoena on 16 AT&T U-verse, the above-referenced subscriber’s internet service provider. See Gillespie v. 17 Civiletti, 629 F.2d 637, 642 (9th Cir. 1980); UMG Recording, Inc. v. Doe, No. C08-1193 SBA, 18 2008 WL 4104214, at *4 (N.D. Cal. Sept. 3, 2008). Strike 3 has demonstrated that (1) it can 19 identify the defendant with sufficient specificity such that the Court can determine that the 20 defendant is a real person or entity who could be sued in federal court, (2) it has identified 21 previous steps taken to locate the elusive…

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