Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 75.57.4.41
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STRIKE 3 HOLDINGS, LLC, Case No.: 20-cv-2315-AJB-AGS
Plaintiff,
ORDER GRANTING MOTION FOR
v. EARLY DISCOVERY (ECF No. 4) John DOE subscriber assigned IP address 75.57.4.41, 15 Defendant. 16 17 Plaintiff seeks leave to serve a third-party subpoena prior to a Rule 26(f) Conference in order to identify the true name and address of the defendant in this action. That motion (ECF No. 4) is granted. See Malibu Media, LLC v. Doe, No. 16cv444 GPC (BGS), 2016 WL 1618227, at *3-4 (S.D. Cal. Apr. 22, 2016); Malibu Media, LLC v. John Does 1 through 16, No. 12-cv-1847-AJB (DHB), 2012 WL 3809128, at *3-5 (S.D. Cal. Sept. 4, 2012). In order to justify issuance of an early subpoena to identify a defendant, plaintiff must show “good cause.” See Malibu Media, 2016 WL 1618227, at *2. District courts in the Ninth Circuit apply the following test to determine whether early discovery may be permitted to locate defendants: first, the court 26 may…