Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 70.95.123.32

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 3 STRIKE 3 HOLDINGS, LLC, Case No.: 22-cv-0299-BAS-AGS

Plaintiff,

ORDER GRANTING MOTION FOR

v. EARLY DISCOVERY (ECF 4) John DOE subscriber assigned IP address 70.95.123.32, 8 Defendant. 9 Plaintiff seeks leave to serve a third-party subpoena before a Rule 26(f) Conference to identify the true name and address of the defendant in this action. That motion (ECF 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). 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 18 may require the plaintiff to sufficiently identify the…