1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 STRIKE 3 HOLDINGS, LLC, Case No. 20-cv-03474-JCS 6 Plaintiff, ORDER TO SHOW CAUSE WHY 7 v. APPLICATION TO SERVE SUBPOENA SHOULD NOT BE 8 JOHN DOE SUBSCRIBER ASSIGNED IP GRANTED ADDRESS 174.62.124.166, 9 Re: Dkt. No. 10 Defendants. 10 11 Plaintiff Strike 3 Holdings, LLC (‘Strike 3”) has applied ex parte to serve an early 12 || subpoena on Comcast Cable, which Strike 3 believes is the internet service provider for Defendant

13 || John Doe, who is currently identified only by the IP address 174.62.124.166. Although Strike 3

14 || apparently remains unaware of Doe’s identity, defense counsel has appeared on Doe’s behalf. 15 || Doe is therefore ORDERED TO SHOW CAUSE why Strike 3’s application should not be A 16 || granted—with restrictions on public disclosure of Doe’s identity—for the reasons stated in this 17 || Court’s decision denying a motion to quash a similar subpoena in Strike 3 Holdings, LLC v. Doe, O Z 18 || No. 19-ev-00723-JCS,

(N.D. Cal. July 9, 2019). Doe shall file a response no 19 |! later than July 29, 2020. 20 The parties are further ORDERED to meet and confer to determine whether defense 21 counsel can accept service on Doe’s behalf or otherwise obviate the need for the third party 22 || discovery that Strike 3 seeks. If the parties are able to resolve the issue such that Strike 3’s request 23 || for a subpoena is moot, they may file a joint statement to that effect in lieu of Doe’s response to 24 || this order to show cause, by the same deadline. If the parties are not able to resolve the issue, 25 || Doe’s response to this order must report that outcome. 26 IT IS SO ORDERED. 27 || Dated: July 15, 2020 CZ > J PH C. SPERO 8 ief Magistrate Judge