1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 STRIKE 3 HOLDINGS, LLC, 7 Case No. 21-cv-09845-JCS Plaintiff, 8 v. ORDER GRANTING EX PARTE 9 APPLICATION JOHN DOE SUBSCRIBER ASSIGNED IP 10 ADDRESS 76.14.8.147, Re: Dkt. No. 9 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) conference. The Court being duly advised does hereby FIND, ORDER 15 AND ADJUDGE: 16 1. Plaintiff has established that “good cause” exists for it to serve a third party 17 subpoena on Wave Broadband. See UMG Recording, Inc. v. Doe,

, *4 (N.D.

); and Arista Records LLC v. Does 1-19,

(D.D.C. 2008). 19 2. Plaintiff may serve Wave Broadband with a Rule 45 subpoena commanding Wave 20 Broadband to provide Plaintiff with the true name and address of the Defendant to whom Wave 21 Broadband assigned the IP address 76.14.8.147. Plaintiff shall attach to any such subpoena a copy 22 of this Order. 23 3. Plaintiff may also serve a Rule 45 subpoena in the same manner as above on any 24 service provider that is identified in response to a subpoena as a provider of Internet services to 25 Defendant (together with Wave Broadband, the “ISPs”). 26 4. IT IS FURTHER ORDERED that subpoenas authorized by this order and issued 27 pursuant thereto shall be deemed appropriate court orders under

. In particular, 47 1 (c) Disclosure of personally identifiable information

2 [. . .]

3 (2) A cable operator may disclose such information if the disclosure is— [. . .] 4 (B) subject to subsection (h) [relating to disclosures to governmental 5 agencies] of this action, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom 6 the order is directed . . . . 7 This order is an order authorizing such disclosure. 8 5. IT IS FURTHER ORDERED that each ISP will have 30 days from the date of 9 service upon it to serve each of its subscriber(s) whose identity information is sought with a copy 10 of the subpoena and a copy of this order. The ISPs may serve the subscribers using any 11 reasonable means, including written notice sent to the subscriber’s last known address, transmitted 12 either by first-class mail or via overnight service. 13 6. IT IS FURTHER ORDERED that each subscriber and each ISP shall have 30 14 days from the date of service upon him, her or it to file any motions in this court contesting the 15 subpoena (including a motion to quash or modify the subpoena). If the 30-day period after service 16 on the subscriber lapses without the subscriber or the ISP contesting the subpoena, the ISP shall 17 have 10 days to produce to Plaintiff the information responsive to the subpoena with respect to 18 that subscriber. 19 7. IT IS FURTHER ORDERED that any ISP that receives a subpoena shall preserve 20 all subpoenaed information pending the ISP’s delivering such information to Plaintiff or the final 21 resolution of a timely filed motion to quash the subpoena with respect to such information. 22 8. IT IS FURTHER ORDERED that any information disclosed to Plaintiff in 23 response to a subpoena may be used by Plaintiff solely for the purpose of protecting its rights 24 under the Copyright Act,

et seq. 25 26 27 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 IT IS SO ORDERED. 5 6 || Dated: January 4, 2022 J PH C. SPERO 8 ief Magistrate Judge 9 10 11 a 12

15 16

= 17

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