Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.181.120.247
Opinion
Trial Court Opinion
I. BACKGROUND
1 The Court assumes knowledge of the facts underlying Strike 3’s complaint. See 2 Prior Order, 2023 WL 350398, at *1–2. 3 In support of its first motion for default judgment, Strike 3 put forth the following 4 evidence that Defendant is the infringer:
8 In its prior order 9 denying Strike 3’s first motion for default judgment, the Court held that this evidence did 10 not suffice to state a plausible claim that Defendant was the infringer: “Without evidence 11 arising out of Strike 3’s investigation tying the allegations in the sealed complaint to 12 Defendant specifically, the Court cannot conclude that Strike 3 has made out a copyright 13 infringement claim against Defendant.” Prior Order, 2023 WL 350398, at *4. 14 In its declaration in support of its second motion for default judgment, Strike 3 15 provides additional evidence linking Defendant to the infringement at issue, including: (1) 16 the house is in a rural area, (2) 17 Defendant is employed as a (3) after the complaint was served on 18 Defendant, while BitTorrent activity did not cease, BitTorrent activity associated with the 19 works at issue did…