Samson v. UnitedHealthCare Services Inc

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 FRANTZ SAMSON, individually and CASE NO. 2:19-cv-175 on behalf of all others similarly 11 situated, ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION TO 12 Plaintiff, COMPEL PRODUCTION OF DOCUMENTS PURSUANT TO 13 v. SUBPOENA DUCES TECUM DIRECTED TO NEW CINGULAR 14 UNITEDHEALTHCARE SERVICES, WIRELESS PCS, LLC INC., 15 Defendant. 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 New Cingular 19 Wireless PCS, LLC (“AT&T”). The Court has considered Plaintiff’s Motion, the Declaration of 20 Jennifer Rust Murray in support of Plaintiff’s motion and the other pleadings and papers in this 21 matter and 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 AT&T to produce the California subscriber information Plaintiff seeks in his

5 subpoena. 6 Delaware’s Stored Communications Act permits telephone companies to provide 7 subscriber information pursuant to a court order. 11 Del. Code Ann. § 2427(d)(1); see also Lee, 8 2017 WL 11272587, at *8. The Court ORDERS AT&T to produce the Delaware subscriber 9 information Plaintiff seeks in his subpoena. 10 Pennsylvania law permits disclosure of subscriber information pursuant to a court order 11 only if the subscriber receives notice from the party seeking the record and is given an 12 opportunity to be heard. 18 Pa.C.S.A. § 5742(c.1)(2); Lee, 2017 WL 11272587, at *6. Notice 13 may be provided to subscribers by a third-party class action administrator before subscriber 14 information may be provided to counsel for a proposed or certified class. See Kelly v. Verizon

15 Penn., LLC, 2017 WL 11549625, at *9 (E.D. Pa. Aug. 8, 2017); Lee v. Global Tel*Link Corp., 16 2018 WL 11008970, at *1 (C.D. Cal. Jan. 16, 2018) (Lee II). Therefore, the Court ORDERS 17 AT&T to provide Pennsylvania subscriber information to class action administrator, Continental 18 DataLogix, LLC. Continental DataLogix shall provide to Pennsylvania subscribers the notice 19 required under Pennsylvania law that is substantially similar to the notice attached as Exhibit 3 to 20 the Murray Declaration in support of this motion. 21 // 22 // 23 //

24 1 The clerk is ordered to provide copies of this order to all counsel. 2 Dated February 9, 2024. A 3 4 Marsha J. Pechman United States Senior District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23