Opinion
3:19-cv-05282-DGE
06-28-2023
AARON WILLIAMS, Plaintiffs, v. PILLPACK LLC, Defendant.
ORDER ON MOTION TO ENFORCE SUBPOENA DUCES TECUM DIRECTED TO T-MOBILE USA, INC (DKT. NO. 290
David G. Estudillo, United States District Judge
This matter comes before the Court on Plaintiff Aaron Williams' unopposed Motion to Enforce Subpoena Duces Tecum directed to T-Mobile USA, Inc. (Dkt. No. 290.)
The Court has considered Plaintiff's Motion, the Declaration of Blythe H. Chandler in support of Plaintiff's motion and the other pleadings and papers in this matter and GRANTS Plaintiff's motion as follows:
California's Public Utilities Code permits wireless carriers to produce subscriber information in response to a court order. Cal. Pub. Util. Code §§ 2891(a)(4), 2894(a); see also Lee v. Global Tel*Link Corp., 2017 WL 11272587, at *4 (C.D. Cal. Dec. 6, 2017); Hoagland v. Axos Bank, 2021 WL 5326479, at *1 (S.D. Cal. Nov. 16, 2021) (“California law permits the production of subscriber information pursuant to a court order.”). Pursuant to this authority, the Court ORDERS T-Mobile to produce the California subscriber information Plaintiff seeks in his subpoena.
Delaware's Stored Communications Act permits telephone companies to provide subscriber information pursuant to a court order. 11 Del. Code Ann. § 2427(d)(1); see also Lee, 2017 WL 11272587, at *8. Pursuant to this authority, the Court ORDERS T-Mobile to produce the Delaware subscriber information Plaintiff seeks in his subpoena.
Pennsylvania law permits disclosure of subscriber information pursuant to a court order only if the subscriber receives notice from the party seeking the record and is given an opportunity to be heard. 18 Pa.C.S.A. § 5742(c.1)(2); Lee, 2017 WL 11272587, at *6. Notice may be provided to subscribers by a third-party class action administrator before subscriber information may be provided to counsel for a proposed or certified class. See Kelly v. Verizon Penn., LLC, 2017 WL 11549625, at *9 (E.D. Pa. Aug. 8, 2017); Lee v. Global Tel*Link Corp., 2018 WL 11008970, at *1 (C.D. Cal. Jan. 16, 2018) (Lee II). The court in the underlying action already has approved the class notice. Therefore, the Court ORDERS T-Mobile to provide Pennsylvania subscriber information to the approved notice administrator, Epiq Class Action & Claims Solutions, Inc. Epiq shall provide to Pennsylvania subscribers both the class notice and the notice required under Pennsylvania law that is substantially similar to the notice attached as Exhibit 6 to the Chandler Declaration in support of this motion.
The Court further ORDERS that in searching and providing the subscriber information described in the subpoena (the “Subpoenaed Information”), T-Mobile need not provide email addresses or search pre-paid accounts. T-Mobile shall provide a data compilation in a *.csv or Excel format spreadsheet format reflecting the name and billing address for each subscriber of T-Mobile phone services whose phone number appears on the list provided, for the date ranges associated with each phone number, to T-Mobile by Plaintiff's counsel.
The Court ORDERS that the Subpoenaed Information shall be maintained as “Confidential” in accordance with the Protective Order entered in the underlying action. The Subpoenaed Information may be used only for purposes of determining class membership and providing notice to the class in the underlying action, and must be destroyed upon written request of T-Mobile, or in any event no later than three years after the date of the final disposition of this case. Upon written request from T-Mobile, Plaintiff shall confirm to T-Mobile and its counsel, in writing, when the destruction of all Subpoenaed Information is completed.
Finally, the Court ORDERS Plaintiff to pay T-Mobile's actual costs associated with production, up to $3,500.