1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STRIKE 3 HOLDINGS, LLC, Case No. 21-cv-00297-HSG 8 Plaintiff, ORDER GRANTING EX PARTE APPLICATION FOR LEAVE TO 9 v. SERVE SUBPOENA BEFORE RULE 26(F) CONFERENCE 10 JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 107.219.196.95, Re: Dkt. No. 7 11 Defendant. 12 13 Plaintiff Strike 3 Holdings, LLC moves ex parte for leave to serve a third party subpoena 14 prior to a Rule 26(f) hearing. The Court being duly advised does hereby FIND, ORDER AND 15 ADJUDGE: 16 1. Plaintiff has established that “good cause” exists for it to serve a third-party 17 subpoena on AT&T U-verse (hereinafter the “ISP”). See UMG Recording, Inc. v. Doe,

4104214, *4 (N.D. Cal. 2008); and Arista Records LLC v. Does 1-19,

, 6–7 19 (D.D.C. 2008). 20 2. Plaintiff may serve the ISP with a Rule 45 subpoena commanding the ISP to 21 provide Plaintiff with the true name and address of the Defendant to whom the ISP assigned an IP 22 address as set forth on Exhibit A to the Complaint. Plaintiff shall attach to any such subpoena a 23 copy of this Order. 24 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 25 service provider that is identified in response to a subpoena as a provider of Internet services to 26 one of the Defendants (together with AT&T U-verse, the “ISPs”). 27 1 4. IT IS FURTHER ORDERED that subpoenas authorized by this order and issued 2 pursuant thereto shall be deemed appropriate court orders under

. In particular, 47

(c)(2)(B) provides: 4 (c) Disclosure of personally identifiable information 5 [. . .] 6 (2) A cable operator may disclose such information if the disclosure is— 7 [. . .] 8 (B) subject to subsection (h) [relating to disclosures to governmental 9 agencies] of this action, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the 10 person to whom the order is directed . . . . 11 This order is an order authorizing such disclosure. 12 5. IT IS FURTHER ORDERED that each ISP will have 30 days from the date of 13 service upon it to serve each of its subscriber(s) whose identity information is sought with a copy 14 of the subpoena and a copy of this order. The ISPs may serve the subscribers using any 15 reasonable means, including written notice sent to the subscriber’s last known address, transmitted 16 either by first-class mail or via overnight service. 17 6. IT IS FURTHER ORDERED that each subscriber and each ISP shall have 30 18 days from the date of service upon him, her or it to file any motions in this court contesting the 19 subpoena (including a motion to quash or modify the subpoena). If the 30-day period after service 20 on the subscriber lapses without the subscriber or the ISP contesting the subpoena, the ISP shall 21 have 10 days to produce to Plaintiff the information responsive to the subpoena with respect to 22 that subscriber. 23 7. IT IS FURTHER ORDERED that any ISP that receives a subpoena shall preserve 24 all subpoenaed information pending the ISP’s delivering such information to Plaintiff or the final 25 resolution of a timely filed motion to quash the subpoena with respect to such information. 26 8. IT IS FURTHER ORDERED that any information disclosed to Plaintiff in 27 response to a subpoena may be used by Plaintiff solely for the purpose of protecting its rights 1 9. IT IS FURTHER ORDERED that any name or other personal identifying 2 || information of any current or proposed defendant shall be filed UNDER SEAL in all filings and 3 not otherwise disclosed. 4 5 IT IS SO ORDERED. 6 Dated: 2/4/2021 8 HAYWOOD S. GILLIAM, JR. 9 United States District Judge 10 11 12

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