AllSouth Federal Credit Union v. Does et al

Filing 15

ORDER REQUIRING PRODUCTION OF DOCUMENTS granting 14 Motion for Disclosure/for Court Order Requiring Production of Documents. Signed by Honorable Joseph F Anderson, Jr on 08/05/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
AllSouth Federal Credit Union,
Plaintiff,
vs.
John Does and Jane Does,
Defendants.

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Civil Action No. 3:13-cv-01035-JFA

ORDER REQUIRING PRODUCTION OF
DOCUMENTS

WHEREAS, Plaintiff, AllSouth Federal Credit Union ("AllSouth") contends that it was
the victim of a SMS phishing scam;
WHEREAS, Plaintiff has alleged in its complaint that a user, customer, or subscriber of
babyTEL, Inc. ("babyTEL") fraudulently accessed AllSouth's online banking system and
attempted to make unlawful and unauthorized bank transfers during the relevant time period;
WHEREAS, telephone numbers 888-214-0828, 888-244-9240, 888-213-4830 and 888248-9742, are connected to several of the allegedly unauthorized transactions and the
telecommunications service provider connected with these telephone numbers has been
identified as babyTEL;
WHEREAS, the information sought by AllSouth may not be obtained from any other
source, is material to the issues involved in this case, and is essential to the identification of
Defendants in this matter.
NOW THEREFORE, this Court grants the Plaintiff's Motion, and it is hereby ORDERED
that babyTEL, disclose the following customer proprietary network information relating to
telephone numbers 888-214-0828, 888-244-9240, 888-213-4830 and 888-248-9742, for the dates
of April 1 through April 30, 2013:

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Name;
Address;
Length of service (including start date);
Types of service utilized;
Telephone or instrument number, or other subscriber identity (including any
temporarily assigned network address); and
 Means and source of payment (including any credit card or bank account number).

IT IS FURTHER ORDERED THAT if any of the customer proprietary network
information requested above is no longer available for this period, babyTEL shall then provide
the earliest available customer proprietary network information that is the closest to the original
requested dates.
IT IS FURTHER ORDERED THAT any information disclosed to Plaintiff in response to
this order may be used by Plaintiff solely for the purpose of protecting Plaintiff's rights under the
Trademark Act of 1946 as amended, 15 U.S.C. §§ 1051 et seq. (the “Lanham Act”), the
Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq., and the laws of
the state of South Carolina as enumerated in the Complaint.
IT IS FURTHER ORDERED THAT any subpoena issued pursuant to this order shall be
deemed an appropriate court order.

IT IS SO ORDERED.

August 5, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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