June 18, 2012
In Tech v. United States (U.S. Dist. Ct. M.D. Pa. Civ. No. 1:09-cv-0047), BLF’s telecommunications company client was served with a third party subpoena by a class action plaintiff seeking information about BLF's client's records in order to determine whether these records would identify members of the purported class.
Rather than limiting opposition to the subpoena to the documents and testimony sought therein, BLF successfully persuaded the Court to consider the overall scope of documents which the plaintiff would ultimately need to identify class members, in order to evaluate the burden to BLF's client, and the invasion of the privacy rights of its client's customers, which plaintiff's discovery would ultimately require.
On June 18, 2012, the magistrate judge denied plaintiff's motion to enforce the initial discovery requests on the ground that plaintiff's ultimate discovery requirements would be unduly burdensome on telecommunications carriers and would impermissibly invade the privacy interests of their customers.
Tech v. United States, supra, at 2012 WL 2308716.