Chang et al v. Wells Fargo Bank, N.A.

Filing 87

ORDER by Judge Haywood S. Gilliam, Jr. DENYING #75 MOTION FOR AN ORDER GOVERNING DISCLOSURE OF CONFIDENTIAL NON-PARTY BANK RECORDS PURSUANT TO FLORIDA STATUTE 655.059.(ndrS, COURT STAFF) (Filed on 9/11/2020)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ANNIE CHANG, et al.,

8

Plaintiffs,
v.

9
10

WELLS FARGO BANK, N.A.,
Defendant.

United States District Court
Northern District of California

11

Case No. 19-cv-01973-HSG
ORDER DENYING MOTION FOR AN
ORDER GOVERNING DISCLOSURE
OF CONFIDENTIAL NON-PARTY
BANK RECORDS PURSUANT TO
FLORIDA STATUTE § 655.059
Re: Dkt. No. 75

12
Pending before the Court is Wells Fargo Bank, N.A. (“WFB”)’s Motion for an Order

13
14

Governing the Disclosure of Confidential Non-Party Bank Records. Dkt. No. 75 (“Motion”).

15

WFB seeks an order permitting it to produce certain non-party documents and records to Plaintiffs

16

“pursuant to” Florida Statute Section 655.059 (“Florida Statute”). On July 28, 2020, the Court

17

held a status conference on the Motion, and on August 18, 2020, the parties filed a status report

18

detailing their efforts to provide notice to the third-party accountholders that Plaintiffs have sought

19

production of documents and records from WFB, to determine whether those accountholders

20

consent to WFB producing the documents. Dkt. No. 80. On August 25, 2020, the Court held a

21

further status conference, and on September 8, 2020, Plaintiffs filed a supplemental brief. Dkt.

22

No. 86.

23
24
25
26
27
28

The Florida Statute prohibits the disclosure of a financial institution’s “books and records,”
except under certain circumstances. Section 655.059 (1)(e) states in relevant part that:
The books and records of a financial institution are confidential and
shall be made available for inspection and examination only... [a]s
compelled by a court of competent jurisdiction, pursuant to a
subpoena issued pursuant to the Florida Rules of Civil Procedure, or
the Florida Rules of Criminal Procedure, or the Federal Rules of Civil
Procedure, or issued pursuant to a subpoena issued in accordance
with state or federal law.

1
2

Id. (emphasis added).
The “pursuant to a subpoena” limitation reflects that the Florida Statute is intended to

3

apply only where an institution as a non-party is required by subpoena to produce its documents in

4

the context of a dispute between others. For this reason, in In re Bankatlantic Bancorp, Inc.

5

Securities Litigation, a Florida federal court held that section 655.059 does not apply to a

6

defendant bank that is a party to a civil case in federal court. See No. 07-cv-61542, 2010 WL

7

2572183, at *1 (S.D. Fla. June 23, 2010). The Court explained that Section 655.059(1)(e) does

8

not apply “when the financial institution is a party providing discovery” and “[t]he plain

9

language of Fla. Stat. § 655.059 states that it only applies when a financial institution provides

10

documents pursuant to a subpoena.” Bankatlantic, 2010 WL 2572183, at *2 (emphasis added).

United States District Court
Northern District of California

11

Similarly here, WFB is a party-opponent subject to its own independent discovery

12

obligations, and must produce documents in response to Plaintiffs’ discovery requests under Rules

13

26 and 34 of the Federal Rules of Civil Procedure. Accordingly, the Court finds that the Florida

14

Statute does not apply to WFB as a party-opponent in this action, and DENIES the Motion to the

15

extent it seeks an order “pursuant to” the Florida Statute. The Court orders WFB to produce

16

documents in this case consistent with and as required by the Federal Rules, without regard to the

17

Florida Statute. The Court has not been presented with, and does not here address, any issues

18

regarding whether Plaintiffs’ document requests are properly scoped and otherwise proper under

19

the Federal Rules.

20
21
22
23
24

IT IS SO ORDERED.
Dated: 9/11/2020
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

25
26
27
28
2