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Discovery

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In Moser v. Health Insurance Innovations, Inc., No. 17CV1127-WQH(KSC), 2018 WL 6735710 (S.D. Cal. 2018), the District Court denied a TCPA defendant’s motion to allow an inspection of the plaintiff’s electronic device(s).   “Forensic examination is generally regarded as a drastic step....” Motorola Solutions., Inc. v. Hytera Commc’ns Corp., 314 F. Supp. 3d 931, 939 (N.D. Ill. 2018). . . . Here,… Read More

In Clark v. FDS Bank, 2018 WL 5830421, at *1–5 (M.D.Fla., 2018), Judge Mendoza ordered sweeping file-review discovery against a TCPA Defendant, expressing skepticism of the Defendant's claim that a file-by-file review would be required and the expense would be cost-prohibitive. Plaintiff wants to know the following information about collection calls made by Defendants during a four year period: (1)… Read More

In Diaz-Lebel v. TD Bank USA, N.A., 2018 WL 4145912, at *3 (D.Minn., 2018), Magistrate Judge Thorson found that a request for wrong number data was disproportionate to the litigation, but agreed to throw the Plaintiffs a bone. The sheer burden and proportionality concerns prevent this Court from ordering that all documents responsive to this request be produced. Plaintiff’s alternative proposals… Read More

In Cahill v. GC Services Ltd., 2018 WL 1791910, at *3 (S.D.Cal., 2018), the District Court rejected a TCPA Defendant's attempt to oppose a discovery motion on the grounds that the Plaintiff could not properly represent the class because Plaintiff was not dialed by an ATDS. The primary theme throughout Defendant’s motion is that Plaintiff is an atypical member of… Read More

In Ronquillo-Griffin v. Transition Rental Screening Solutions, Inc., 2018 WL 325051, at *3–5 (S.D.Cal., 2018), the District Court denied production of the actual class's call recordings in a call recording class action because the content was private. Plaintiffs assert that the requested audio recordings “are highly relevant to several requirements for a class certification motion,” including numerosity, ascertainability, commonality, predominance, and manageability.… Read More

In Mendez v. Optio Solutions, LLC, 2017 WL 3315971, at *2 (S.D.Cal. 2017), the District Court denied a TCPA defendant's MSJ to allow discovery into the Defendant's dialer system. Mendez contends that she cannot adequately respond to Optio's summary judgment motion without discovery relating to Optio's “ ‘custom-built’ dialing system.” (Doc. No. 36 at 28.) Specifically, Mendez argues she needs… Read More

In Mbazomo v. ETourandTravel, Inc., 2017 WL 2346981, at *3 (E.D.Cal., 2017), Judge Bastian compelled production of class-wide names and telephone numbers of potential classmembers. Defendant objects to the disclosure of names and telephone numbers of potential class members on privacy grounds. Plaintiff further points out that the parties have signed a protective order, while Defendant argues that that protective… Read More

In Doherty v. Comenity Capital Bank & Comenity Bank, Case No.: 16cv1321-H-BGS, 2017 WL 1885677 (S.D. Cal. 2017), Magistrate Judge Skomal allowed pre-certification discovery – including out-bound dial lists, but denied discovery of skip-traced and trapped numbers where a file-by-file review would be required. The Court ordered production of out-bound dial lists, despite difficulties in production by Plaintiff and overbreadth… Read More

In Meridith v. United Collection Bureau, Inc., 2017 WL 1355696, at *2 (N.D.Ohio, 2017), Judge Gaughan compelled production of class data, and ordered Defendant to write a program to do a program search or make its database available to Plaintiff's expert so that he could write the program. The information that Plaintiff seeks is relevant to establishing the size and… Read More

In West Loop Chiropractic & Sports Injury Center, Ltd. et al., v. North American Bancard, LLC et al,  2017 WL 404896, at *1–2 (N.D.Ill., 2017), Judge Gilbert allowed TCPA discovery in a blast-fax case as to other faxes besides those that the Plaintiff received. The Court agrees with Plaintiffs that the information they seek is relevant to a decision concerning the… Read More

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