Chang et al v. Wells Fargo Bank, N.A.
Filing
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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)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANNIE CHANG, et al.,
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Plaintiffs,
v.
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WELLS FARGO BANK, N.A.,
Defendant.
United States District Court
Northern District of California
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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
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Pending before the Court is Wells Fargo Bank, N.A. (“WFB”)’s Motion for an Order
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Governing the Disclosure of Confidential Non-Party Bank Records. Dkt. No. 75 (“Motion”).
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WFB seeks an order permitting it to produce certain non-party documents and records to Plaintiffs
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“pursuant to” Florida Statute Section 655.059 (“Florida Statute”). On July 28, 2020, the Court
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held a status conference on the Motion, and on August 18, 2020, the parties filed a status report
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detailing their efforts to provide notice to the third-party accountholders that Plaintiffs have sought
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production of documents and records from WFB, to determine whether those accountholders
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consent to WFB producing the documents. Dkt. No. 80. On August 25, 2020, the Court held a
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further status conference, and on September 8, 2020, Plaintiffs filed a supplemental brief. Dkt.
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No. 86.
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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.
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Id. (emphasis added).
The “pursuant to a subpoena” limitation reflects that the Florida Statute is intended to
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apply only where an institution as a non-party is required by subpoena to produce its documents in
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the context of a dispute between others. For this reason, in In re Bankatlantic Bancorp, Inc.
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Securities Litigation, a Florida federal court held that section 655.059 does not apply to a
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defendant bank that is a party to a civil case in federal court. See No. 07-cv-61542, 2010 WL
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2572183, at *1 (S.D. Fla. June 23, 2010). The Court explained that Section 655.059(1)(e) does
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not apply “when the financial institution is a party providing discovery” and “[t]he plain
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language of Fla. Stat. § 655.059 states that it only applies when a financial institution provides
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documents pursuant to a subpoena.” Bankatlantic, 2010 WL 2572183, at *2 (emphasis added).
United States District Court
Northern District of California
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Similarly here, WFB is a party-opponent subject to its own independent discovery
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obligations, and must produce documents in response to Plaintiffs’ discovery requests under Rules
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26 and 34 of the Federal Rules of Civil Procedure. Accordingly, the Court finds that the Florida
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Statute does not apply to WFB as a party-opponent in this action, and DENIES the Motion to the
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extent it seeks an order “pursuant to” the Florida Statute. The Court orders WFB to produce
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documents in this case consistent with and as required by the Federal Rules, without regard to the
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Florida Statute. The Court has not been presented with, and does not here address, any issues
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regarding whether Plaintiffs’ document requests are properly scoped and otherwise proper under
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the Federal Rules.
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IT IS SO ORDERED.
Dated: 9/11/2020
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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