1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 STRIKE 3 HOLDINGS, LLC, 9 Case No. 20-cv-03475-JCS Plaintiff, 10 ORDER TO SHOW CAUSE WHY v. APPLICATION TO SERVE 11 SUBPOENA SHOULD NOT BE JOHN DOE SUBSCRIBER ASSIGNED IP GRANTED 12 ADDRESS 24.5.9.34, 13 Defendant. Re: Dkt. No. 13

14 15 Plaintiff Strike 3 Holdings, LLC (“Strike 3”) has applied ex parte to serve an early 16 subpoena on Comcast Cable, which Strike 3 believes is the internet service provider for Defendant 17 John Doe, who is currently identified only by the IP address 24.5.9.34. Although Strike 3 18 apparently remains unaware of Doe’s identity, defense counsel has appeared on Doe’s behalf. 19 Doe is therefore ORDERED TO SHOW CAUSE why Strike 3’s application should not be 20 granted—with restrictions on public disclosure of Doe’s identity—for the reasons stated in this 21 Court’s decision denying a motion to quash a similar subpoena in Strike 3 Holdings, LLC v. Doe, 22 No. 19-cv-00723-JCS,

(N.D. Cal. July 9, 2019). Doe shall file a response no 23 later than July 29, 2020. 24 The parties are further ORDERED to meet and confer to determine whether defense 25 counsel can accept service on Doe’s behalf or otherwise obviate the need for the third party 26 discovery that Strike 3 seeks. If the parties are able to resolve the issue such that Strike 3’s request 27 for a subpoena is moot, they may file a joint statement to that effect in lieu of Doe’s response to 1 Doe’s response to this order must report that outcome. 2 IT IS SO ORDERED. 3 Dated: July 15, 2020 4 € J PH C. SPERO 5 ief Magistrate Judge 6 7 8 9 10 11 a 12

© 15 16

it

4 18 19 20 21 22 23 24 25 26 27 28