Samson v. UnitedHealthCare Services Inc

• Court: District Court, W.D. Washington
• Decided: January 18, 2024
• Docket: 2:19-cv-00175
• Status: Unknown

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 FRANTZ SAMSON, CASE NO. 2:19-cv-00175 11 Plaintiff, ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION TO 12 v. COMPEL PRODUCTION OF DOCUMENTS PURSUANT TO 13 UNITED HEALTHCARE SERVICES SUBPOENA DUCES TECUM INC., DIRECTED TO VERIZON 14 Defendant. 15 16

17 THIS MATTER came before the Court on Plaintiff’s Unopposed Motion to Compel 18 Production of documents responsive to a Subpoena Duces Tecum served on Verizon Wireless 19 Services, LLC. The Court has considered Plaintiff’s Motion, the Declaration of Jennifer Rust 20 Murray in support of Plaintiff’s motion and the other pleadings and papers in this matter and 21 GRANTS Plaintiff’s unopposed motion as follows: 22 California’s Public Utilities Code permits wireless carriers to produce subscriber 23 information in response to a court order. Cal. Pub. Util. Code §§ 2891(a)(4), 2894(a); see also 24 1 Lee v. Global Tel*Link Corp., 2017 WL 11272587, at *4 (C.D. Cal. Dec. 6, 2017); see also 2 Hoagland v. Axos Bank, 2021 WL 5326479, at *1 (S.D. Cal. Nov. 16, 2021) (“California law 3 permits the production of subscriber information pursuant to a court order.”). The Court 4 ORDERS Verizon to produce the California subscriber information Plaintiff seeks in his subpoena. 5 Delaware’s Stored Communications Act permits telephone companies to provide 6 subscriber information pursuant to a court order. 11 Del. Code Ann. § 2427(d)(1); see also Lee, 7 2017 WL 11272587, at *8. The Court ORDERS Verizon to produce the Delaware subscriber 8 information Plaintiff seeks in his subpoena. 9 Pennsylvania law permits disclosure of subscriber information pursuant to a court order 10 only if the subscriber receives notice from the party seeking the record and is given an 11 opportunity to be heard. 18 Pa.C.S.A. § 5742(c.1)(2); Lee, 2017 WL 11272587, at *6. Notice 12 may be provided to subscribers by a third-party class action administrator before subscriber 13 information may be provided to counsel for a proposed or certified class. See Kelly v. Verizon 14 Penn., LLC, 2017 WL 11549625, at *9 (E.D. Pa. Aug. 8, 2017); Lee v. Global Tel*Link Corp., 15 2018 WL 11008970, at *1 (C.D. Cal. Jan. 16, 2018) (Lee II). Therefore, the Court ORDERS 16 Verizon to provide Pennsylvania subscriber information to class action administrator, 17 Continental DataLogix, LLC. Continental DataLogix shall provide to Pennsylvania subscribers 18 the notice required under Pennsylvania law that is substantially similar to the notice attached as 19 Exhibit 4 to the Murray Declaration in support of this motion. 20 The clerk is ordered to provide copies of this order to all counsel. 21 Dated this 18th day of January 2024. 22 A 23 Tana Lin United States District Judge 24