FRESNO (LN) — U.S. Magistrate Judge Carolyn K. Delaney on Monday granted Strike 3 Holdings’ ex parte application for expedited discovery against a John Doe defendant identified only address 104.220.160.252, ordering the plaintiff to serve the court’s order on the subscriber within 10 days of obtaining their identity.
Strike 3 filed the copyright infringement suit on April 23, 2026, alleging the defendant downloaded and distributed the company’s adult films via the BitTorrent protocol. Because the plaintiff can only identify the defendant by their IP address, it sought to serve a third-party subpoena on the defendant’s internet service provider prior to the mandatory Rule 26(f) discovery conference.
Delaney acknowledged that while the first four factors of the Second Circuit’s Arista Records test weighed in Strike 3’s favor—citing the plaintiff’s prima facie claim and the necessity of the subpoena to proceed—the fifth factor, the defendant’s expectation of privacy, weighed against the request without additional safeguards.
The judge noted that assuming the person who pays for internet access is the same individual who downloaded the film is “tenuous,” particularly in households using routers to share a single connection.
The order quotes an introductory guide, which in turn cites In re BitTorrent Adult Film Copyright Infringement Cases, stating: “An IP address provides only the location at which one of any number of computer devices may be deployed, much like a telephone number can be used for any number of telephones.”
Delaney warned that a wrongly identified defendant in a case involving alleged theft of pornographic films would face unique risks of embarrassment and reputational damage, potentially forcing settlements to avoid exposure.
The order permits Strike 3 to serve a subpoena seeking only the name and address of the subscriber. However, the plaintiff is prohibited from revealing the defendant’s identity in or out of court until further permission is granted.
Strike 3 must serve a copy of Delaney’s order on the identified individual within 10 days of obtaining their identity. If the case is dismissed within that window, no mailing is required.
The order invites both parties to an informal conference, which may be held via telephone or Zoom, to schedule a motion to quash if the defendant wishes to challenge the subpoena. Attendance at the conference is voluntary and does not constitute an appearance in the litigation.
Strike 3 must file a status report within 60 days detailing whether service was effectuated and whether the defendant agreed to the conference. The report must continue to identify the defendant as “John or Jane Doe.”
Delaney cautioned that if the identified owner of the IP address chooses not to attend the informal conference, the court will issue an order substituting the defendant by name, permitting ordinary service of process and the commencement of litigation.