Opinion
3:22-cv-01823-RSH-AHG
12-07-2022
STRIKE 3 HOLDINGS, LLC, Plaintiff, v. JOHN DOE subscriber assigned IP address 76.167.182.25, Defendant.
ORDER DENYING EX PARTE APPLICATION FOR LEAVE TO SERVE A THIRD-PARTY SUBPOENA PRIOR TO A RULE 26(F) CONFERENCE
[ECF NO. 4]
Honorable Allison H. Goddard, United States Magistrate Judge
Before the Court is Plaintiff Strike 3 Holdings, LLC's (“Plaintiff”) Ex Parte Application for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference. ECF No. 4.
Here, Plaintiff has failed to properly identify the entity it is seeking to subpoena. Plaintiff asked the Court for leave to issue a subpoena addressed to “Spectrum” but does not specifically identify which “Spectrum.” See Strike 3 Holdings, LLC v. Doe, No. 22cv1626-RSH-MDD, 2022 WL 17363889, at *1-2 (S.D. Cal. Dec. 1, 2022) (denying identical motion because “Plaintiff provides no further information about Spectrum, which does not appear to be actively registered to do business in California. [] Active businesses registered under that name in California include Spectrum, LLC, an agricultural supplier, and Spectrum Inc., a real estate business-not entities likely to provide Defendant's internet service. [] At least 497 other entities are registered to do business in California under names beginning with the word ‘Spectrum.'”) (internal citations omitted).
Therefore, the Court DENIES Plaintiff's motion without prejudice. ECF No. 4; see Strike 3 Holdings, 2022 WL 17363889, at *2. Plaintiff may file a renewed motion with a more specific designation of the entity it is seeking to subpoena.
IT IS SO ORDERED.