In re: BankWest, Inc., Motion to Quash

Filing 8

ORDER granting in part and denying in part 1 Motion to Quash Subpoena. Signed by Chief Judge Roberto A. Lange on 5/2/23. (SKK)

Case 3:23-mc-00012-RAL Document 8 Filed 05/02/23 Page 1 of 2 PageID #: 81

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION

EIDO HASSAM AL-NAHHAS,a/k/a
MOHAMMAD AL-NAHHAS,ON BEHALF
OF PLAINTIFF AND THE CLASS MEMBERS

3:23-mc-00012

DESCRIBED BELOW,

ORDER MODIFYING SUBPOENA DUCES
Plaintiff,

TECUM

vs.

ROSEBUD LENDDIG LZO d/b/a

ZOCALOANS;777 PARTNERS LLC;
TACTICAL MARKETING PARTNERS,LLC;
JOHN DOES 1-20,
Defendants.

On April 19, 2023, BankWest, Inc. (BankWest) filed a Motion to Quash or Modify

Subpoena Duces Tecum after counsel for Plaintiff had served on BankWest a subpoena to produce
bank records ofsixteen listed entities or trade names. Doc. 1. BankWest had obtained an extension

from Plaintiff to April 21, 2023, to respond to the subpoena duces tecum. BankWest's motion

raised an argument that this Court is required to quash or modify the subpoena under Federal Rule
of Civil Procedure 45(d)(3)(A)(iii) as it required "disclosure of privileged or other protected

matter, if no exception or w^aiver applies" or altematively that this Court may quash or modify the

subpoena under Rule 45(d)(3)(B)(i) as it sought "other confidential . . . or commercial
information." BankWest has implemented and adheres by privacy policies protecting its
customers' banking records.

Case 3:23-mc-00012-RAL Document 8 Filed 05/02/23 Page 2 of 2 PageID #: 82

This Court entered an order on April 21, 2023, setting a hearing for May 1 and enlarging

the time for BankWest to comply with the subpoena until after the hearing. Doc. 6. At the hearing

on May 1,2023,this Court heard from BankWest and Plaintiff, learning that BankWest has records
regarding only three of the entities—Rosebud Lending, Rosebud Lending DRT, and Rosebud
Lending RQC. Plaintiffs counsel provided this Court some background on the case in the
Northern District of Illinois from which the subpoena issued, and this Court now is aware that an

Agreed Upon Confidentiality Order exists in that case. Hussam Al-Nahhas v. Rosebud Lending
LZO.et al.. No. l:22-cv-00750 at Doc. 53(N.D. 111. Mar. 9, 2023).

Finding the objection from BankWest to fit under Rule 45(d)(3)(B)(i) and concluding that
there is no undue burden for production by BankWest ofthose bank records,this Court will modify

rather than quash the subpoena duces tecum to extend the time to respond to May 10, 2023, to
direct that BankWest honor its privacy policies to the extent possible by marking documents

produced as CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER,and to require a written

signed statement from a BankWest official to confirm that it has no records regarding the 13 other
entities listed on Exhibit A to the subpoena duces tecum. Therefore it is

ORDERED that BankWest's motion to quash or modify subpoena. Doc. I, is granted in
part and denied in part as set forth herein.
DATED this 2nd day of May,2023.
BY THE COURT:

ROBERTO A. LANGE
CHIEF JUDGE