Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.223.92.246

Good Law
United States District Court, Northern District of CaliforniaAugust 22, 20234:23-cv-03736California705 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STRIKE 3 HOLDINGS, LLC, Case No. 23-cv-03736-YGR (DMR)

Plaintiff,

ORDER ON EX PARTE APPLICATION

v. FOR LEAVE TO SERVE THIRD-

PARTY SUBPOENA

JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 73.223.92.246, Re: Dkt. No. 9 11 Defendant. 12 Plaintiff Strike 3 Holdings, LLC filed an ex parte application for leave to serve a third- 13 party subpoena prior to a Rule 26(f) conference. The court finds that: 14 1. Plaintiff has established that “good cause” exists for it to serve a third-party subpoena 15 on Comcast Cable (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe, No. C 08-1193 SBA, 16 2008 WL 4104214, *4 (N.D. Cal. Sept. 3, 2008); Arista Records LLC v. Does 1-19, 551 F. Supp. 17 2d 1, 6-7 (D.D.C. 2008); 18 2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to provide 19 Plaintiff with the true name and address of the Defendant to whom the ISP assigned an IP address 20 as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such subpoena a copy…

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