Hawthorne v. Umpqua Bank

Filing 95

ORDER re 84 MOTION Modify Subpoenas to Produce Documents Served on Patelco Credit Union filed by Christopher Kneer, Victoria Kneer. Signed by Judge Kandis A. Westmore on March 27, 2014. (kawlc2S, COURT STAFF) (Filed on 3/27/2014)

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United States District Court
Northern District of California

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AMBERT HAWTHORNE, et al.,
Plaintiffs,

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v.

Case No.: CV 11-06700-KAW
ORDER REGARDING MOTION TO
MODIFY SUBPOENAS

UMPQUA BANK,
Defendant.

United States District Court
Northern District of California

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Christopher Kneer and Victoria Kneer (the "Kneers"), two plaintiffs in this class action,

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move to modify subpoenas served on Patelco Credit Union, a third party. (Pl.'s Mot. at 9, Dkt.

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No. 84.) Umpqua Bank ("Umpqua") opposes the motion. (Def.'s Opp'n, Dkt. No. 92.) This

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matter is scheduled for hearing on April 3, 2014.

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Having reviewed the papers filed in this matter, the court finds that the parties may be able

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to resolve their dispute without judicial intervention. The Kneers have suggested that exemplar

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bank statements are a suitable alternative to their actual account statements, see Pl.'s Mot. at 9,

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and Umpqua has offered to limit "any future requests for account statements from other financial

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institutions to the first and last account statement for the period in question . . . as well as any

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account statements for the months on which [the Kneers] were assessed overdraft fees," see Def.'s

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Opp'n at 10. Despite the fact that each of these proposals were rejected, either form of limited

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disclosure may be appropriate in this case.

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Therefore, the court orders the parties to further meet and confer to resolve this discovery

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dispute. The hearing currently set for April 3, 2014 is continued to April 17, 2014. If the parties

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succeed in resolving their dispute without court intervention, they shall promptly notify the court.

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IT IS SO ORDERED.
Dated: March 27, 2014

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge