Johnson v. Bluestem Brands, Inc.

Filing 20

ORDER AUTHORIZING PRODUCTION OF CELLULAR TELEPHONE RECORDS TO PLAINTIFF KAMEISHA JOHNSON by Judge William Alsup granting 19 Motion.(whalc1, COURT STAFF) (Filed on 11/16/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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KAMEISHA JOHNSON,
No. C 17-03975 WHA
Plaintiff,

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v.
ORDER AUTHORIZING
PRODUCTION OF CELLULAR
TELEPHONE RECORDS TO
PLAINTIFF KAMEISHA
JOHNSON

BLUESTEM BRANDS, INC.,
dba FINGERHUT,

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Defendant.
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Plaintiff Kameisha Johnson filed this action alleging violation of the Telephone
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Consumer Protection Act (“TCPA”) based upon pre-recorded phone calls that defendant
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Bluestem Brands, Inc. allegedly made to her cell phone. Johnson’s telephone records will be a
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critical piece of evidence in this action. See 47 U.S.C. 227 et seq. Ordinarily, a cell phone user
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is able to request the records associated with her own telephone number without court order.
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Johnson, however, maintains a pre-paid plan, and therefore requires a court order for release of
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her call records (see Dkt. No. 19-3; Cal. Code Civ. Proc. § 1985.3(f)).
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Accordingly, Johnson now moves for an order authorizing third-party Metro PCS to
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release the telephone records for her phone during the relevant period between February 1, 2016
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and February 28, 2017 (Dkt. No. 19-1). Defendant consents to the relief requested (ibid.)
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This order finds that there is good cause for the release of Johnson’s cell phone records
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during the period of time relevant to this suit. Accordingly, her motion for an order authorizing
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Metro PCS to release to her telephone records for the phone number 510-776-3174, for the
period between February 1, 2016 and February 28, 2017 is hereby GRANTED. Metro PCS is

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authorized to produce the corresponding subpoenaed telephone records to Plaintiff’s counsel,

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Kimmel & Silverman, P.C., 30 East Butler Pike, Ambler, PA 19002.

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IT IS SO ORDERED.

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Dated: November 16, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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