Cabiness v. Educational Financial Services

Filing 13

AMENDED ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR EVIDENCE PRESENTATION: If the scope of the order (such as the phrase "regardless of storage or retention medium or method" or the phrase "regardless of associated con tent") poses burdens, the court will consider limiting the scope of the preservation order or authorizing another method to preserve the forensic evidence relevant to the claims. Signed by Magistrate Judge Laurel Beeler on 5/2/2016. (lsS, COURT STAFF) (Filed on 5/2/2016)

1 Sharon Djemal, State Bar No. 208461
EAST BAY COMMUNITY LAW CENTER
2 3130 Shattuck Ave.
3 Berkeley, CA 94705
Tel: [phone]
4 Fax: [phone]
[e-mail]
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Attorney for Plaintiff, Winifred Cabiness
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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EDUCATIONAL FINANCIAL SOLUTIONS, )
LLC DBA CAMPUS DEBT SOLUTIONS, )
and DOES 1-10,
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Defendant.

12 WINIFRED CABINESS,
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Case No. 3:16-cv-01109-LB
AMENDED
[PROPOSED] ORDER GRANTING
PLAINTIFF’S EX PARTE APPLICATION
FOR EVIDENCE PRESERVATION
ORDER

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Order

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Plaintiff

WINIFRED

CABINESS

(“Ms.

CABINESS”)

filed

suit

against

EDUCATIONAL FINANCIAL SOLUTIONS dba CAMPUS DEBT SOLUTIONS, alleging
violation of the Telephone Consumer Protection Act. Now pending before the Court is Plaintiff’s
Ex Parte Motion for a Third Party Evidence Preservation Order. ECF No. ____. Having
considered Plaintiff’s arguments and the relevant authority, the Court GRANTS the Motion.

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-1[PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR EVIDENCE
PRESERVATION ORDER
Winifred Cabiness v. Educational Financial Solutions, LLC, Case No. 3:16-cv-01109-LB

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Third Party Evidence Preservation Order
Good cause exists and the Court therefore orders MetroPCS and its corporate parent, T-

3 Mobile USA, Inc. to preserve any and all records or documents as defined in Federal Rule of Civil
4 Procedure 34(a)(1)(A), related to the MetroPCS user account of Winifred Cabiness, phone
5 number: [phone], created after May 1, 2015, regardless of storage or retention medium or
6 method and including all associated content or non-content, electronically stored information
7 either in that account or located on backup or archives, in its respective possession, custody, or
8 control, or that may come into its respective possession, custody, or control hereafter, pending the
9 resolution of this suit or further order of this Court.
10 SO ORDERED.
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12 Dated: ____________, 2016
May 2

___________________________________
Hon. Jacqueline Corley Laurel Beeler
Magistrate Judge of the District Court

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If the scope of the order (such as the phrase "regardless of storage or
retention medium or method" or the phrase "regardless of associated
content") poses burdens, the court will consider limiting the scope of
the preservation order or authorizing another method to preserve the
forensic evidence relevant to the claims.

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-2[PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR EVIDENCE
PRESERVATION ORDER
Winifred Cabiness v. Educational Financial Solutions, LLC, Case No. 3:16-cv-01109-LB