Langlais v. Palisades Collections, LLC, et al

Filing 19

ORDER granting motion for leave to take discovery by issuing a subpoena So Ordered by Magistrate Judge Landya B. McCafferty.(mm)

IN THE UNITED STATES DISTRlCT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
CIVIL ACTION NO.1 :12-CV-00456-PB

DEBI LANGLAIS,
Plaintiff
vs.
PALISADES COLLECTION, LLC d/b/a
ASTA FUNDING and DOES 1-10,
inclusive,
Defendants

ORDER GRANTING MOTION FOR LEAVE TO TAKE

DISCOVERY BY ISSUING SUBPOENA

Upon the Motion of Defendant Palisades Collection, LLC for Leave to Take Discovery, it
is hereby:
ORDERED that Defendant may serve immediate discovery on Comcast Cable
Communications, LLC ("Comcast") to obtain telephone call records by serving a subpoena
pursuant to Rule 45 of the Federal Rules of Civil Procedure (in the form attached hereto), such
subpoena requesting the production of records showing the date, time and duration of all
incoming and outgoing calls made to or received from the number 603-671-8004 from
November 29,2011 through November 29,2012, provided, however, that said discovery shall be
conditioned on: (a) Comcast having seven (7) calendar days after service of the subpoena to
notify the relevant subscriber that this information is sought by Defendant; (b) each such
subscriber having twenty one (21) calendar days from the date of such Comcast notice to file any
papers contesting the subpoena; and (c) payment to Comcast by Defendant Palisades of all

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reasonable costs of compiling and forwarding the requested information. Comcast may provide
notice using any reasonable means, including but not limited to written notice sent to the
subscriber's last known address, transmitted either by first class mail or via overnight service.
IT IS FURTHER ORDERED THAT any information disclosed to the Defendant in
response to the subpoena issued under Rule 45 of the Federal Rules of Civil Procedure may be
used by Defendant solely for the purpose of protecting Defendant's rights under the FDCPA
claims enumerated in the Complaint.
IT IS FURTHER ORDERED THAT any subpoena issued pursuant to this order shall be
deemed an appropriate court order under 47 U.S. C. § 551.

/s/ Landya B. McCafferty

The Honorable
United States District Judge
Dated: April 16, 2013

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cc:

Counsel of Record

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