Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 99.47.71.147
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STRIKE 3 HOLDINGS, LLC, Case No. 22-cv-04614-VKD
Plaintiff,
ORDER GRANTING EX PARTE
v. MOTION TO SERVE SUBPOENA
JOHN DOE SUBSCRIBER ASSIGNED IP Re: Dkt. No.
ADDRESS 99.47.71.147,
11 Defendant.
12 Plaintiff Strike 3 Holdings, LLC (“Strike 3”) seeks leave to serve a third-party subpoena on AT&T U-verse (“AT&T”) prior to a Rule 26(f) conference. Strike 3 has established that good cause exists for it to serve a third-party subpoena on AT&T, 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) it has identified previous steps taken to locate the elusive defendant,…