1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STRIKE 3 HOLDINGS, LLC, Case No. 22-cv-02859-MMC (DMR)

8 Plaintiff,

ORDER ON EX PARTE APPLICATION

9 v. FOR LEAVE TO SERVE THIRD-

PARTY SUBPOENA

10 JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 67.169.4.239, Re: Dkt. No. 7 11 Defendant. 12 13 Plaintiff Strike 3 Holdings, LLC filed an ex parte application for leave to serve a third- 14 party subpoena prior to a Rule 26(f) conference.1 The court finds that: 15 1. Plaintiff has established that “good cause” exists for it to serve a third-party subpoena 16 on Comcast Cable (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe, No. C 08-1193 SBA, 17 2008 WL 4104214, *4 (N.D. Cal. Sept. 3, 2008); Arista Records LLC v. Does 1-19, 551 F. Supp. 18 2d 1, 6-7 (D.D.C. 2008); 19 2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to provide 20 Plaintiff with the true name and address of the Defendant to whom the ISP assigned an IP address 21 as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such subpoena a copy of 22 this Order; 23 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 24 service provider that is identified in response to a subpoena as a provider of Internet services to 25 one of the Defendants; 26 27 1 4. If the ISP qualifies as a “cable operator,” as defined by 47 U.S.C. § 522(5), which 2 states: the term “cable operator” means any person or group of persons (A) 3 who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable 4 system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable 5 system 6 the ISP shall comply with 47 U.S.C. § 551(c)(2)(B), which states:

7 A cable operator may disclose [personally identifiable] information if the disclosure is . . . made pursuant to a court order authorizing such 8 disclosure, if the subscriber is notified of such order by the person to whom the order is directed . . . 9 10 by sending a copy of this Order to the Defendant; and 11 5. Plaintiff may only use the information disclosed in response to a Rule 45 subpoena 12 served on the ISP for the purpose of protecting and enforcing Plaintiff’s rights as set forth in its 13 Complaint. 14 6. The ISP shall serve a copy of the subpoena and a copy of this order on the subscriber 15 within 30 days of the date of service on the ISP. The ISP may serve the subscribers using any 16 reasonable means, including written notice sent to the subscriber’s last known address, transmitted 17 either by first-class mail or via overnight service. 18 7. Each subscriber and the ISP shall have 30 days from the date of service upon him, her, 19 or it to file any motions in this court contesting the subpoena (including a motion to quash or 20 modify the subpoena). If the 30-day period lapses without the subscriber contesting the subpoena, 21 the ISP shall have 10 days to produce to Plaintiff the information responsive to the subpoena with 22 respect to that subscriber. 23 8. The ISP shall preserve all subpoenaed information pending the ISP’s delivering such 24 information to Plaintiff or the final resolution of a timely filed motion to quash the subpoena with 25 respect to such information. 26 // 27 // 1 9. Any name or other personal identifying information of any current or proposed 2 defendant shall be filed under seal in all filings. If there are substantive motions filed in this case, 3 e.g., a motion for summary judgment, the court may require Defendant to move for leave to 4 || proceed anonymously in this case. 5

IT IS SO ORDERED.

6 Dated: June 24, 2022 7 8 onna M. Ryu 9 United States Magistrate Judge 10 11 12

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