Jordan v. Comcast Cable Communications Management, LLC et al
OPINION AND ORDER. Defendants Comcast Cable Communications Management, LLC and Comcast of Florida/Georgia/Illinois/Michigan LLC's Motion to Quash Subpoenas 43 ("Motion to Quash") is GRANTED. Signed by Judge William S. Duffey, Jr on 10/11/2016. (bgt)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
MANAGEMENT, LLC and
OPINION AND ORDER
This matter is before the Court on Defendants Comcast Cable
Communications Management, LLC’s and Comcast of
Florida/Georgia/Illinois/Michigan LLC’s (together, “Defendants” or “Comcast”)
Motion to Quash Subpoenas  (“Motion to Quash”).
On September 1, 2016, the Court scheduled a hearing on Defendants’
Motion for Sanctions to be held on October 12, 2016. On October 5, 2016,
attorney for Plaintiff Michelle Jordan (“Plaintiff’s Counsel”) served a subpoena on
Defendants’ records custodian requesting Defendants to produce a witness at the
hearing and that the witness produce the following documents:
All documents in your possession, custody, or control reflecting the
personally identifiable information of Michelle Jordan a/k/a Michelle
Boddie and the date(s) you first obtained such personally identifiable
information. Such personally identifiable information shall include,
but not be limited to, names, addresses, telephone numbers, Social
Security Numbers, and driver’s license numbers.
([43.1] at 17-20).
On October 7, 2016, Defendants filed their Motion to Quash. Defendants
argue the subpoena seeks irrelevant information and does not allow a reasonable
time for compliance.
Rule 45 of the Federal Rules of Civil Procedures provides a subpoena must
be quashed or modified if the subpoena:
(i) fails to allow a reasonable time to comply;
(ii) requires a person to comply beyond the geographical limits
specified in Rule 45(c);
(iii) requires disclosure of privileged or other protected matter, if no
exception or waiver applies; or
(iv) subjects a person to undue burden.
Fed. R. Civ. P. 45(d)(3)(A).
Plaintiff’s Counsel has had nearly six (6) weeks within which to request to
conduct discovery or subpoena witnesses or documents relevant to the October 12,
2016, hearing. The Court finds Plaintiff’s Counsel’s subpoena, served a week
before the hearing and before a three-day holiday weekend, fails to allow a
reasonable time to comply and would subject Defendants to undue burden.
Defendants’ Motion for Sanctions seeks attorney’s fees because of
Plaintiff’s Counsel’s failure to disclose Plaintiff’s maiden name and that she
previously signed an agreement that required arbitration of the claims Plaintiff
asserted. Thus, the issue for the Court is when Plaintiff’s Counsel knew Defendant
sought Plaintiff’s maiden name, when counsel was aware that Defendant
contended that Plaintiff had subscribed for Comcast services using a different
account name, and whether Plaintiff’s Counsel failed to disclose other names
Plaintiff used to subscribe to Comcast services. When Defendant suspected
Plaintiff used other names to obtain services is not relevant to the issue before the
Court on October 12, 2016.
For the foregoing reasons,
IT IS HEREBY ORDERED that Defendants Comcast Cable
Communications Management, LLC and Comcast of
Florida/Georgia/Illinois/Michigan LLC’s Motion to Quash Subpoenas 
(“Motion to Quash”) is GRANTED.
SO ORDERED this 11th day of October, 2016.
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