Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Evangelista v. University of Phoenix

United States District Court, D. Utah, Central Division

December 7, 2017

KAREN E. EVANGELISTA, TRUSTEE, Plaintiff,
v.
UNIVERSITY OF PHOENIX, et al., Defendant.

          Jill Parrish District Judge.

          MEMORANDUM DECISION AND ORDER DENYING MOTION TO COMPEL

          Brooke C. Wells United States Magistrate Judge.

         Pending before the court is Plaintiff Trustee's Motion to Compel. Plaintiff seeks an order compelling non-party TCN. Inc. to produce documents in response to its Subpoena. Plaintiff further requests that TCN be held in contempt for the failure to produce documents. Having considered the Subpoena, the parties' memoranda and the Federal Rules, the court finds the requests overbroad, not “proportional to the needs of the case….”[1] and in violation of Rule 45 Rather than quashing the Subpoena entirely, however, the court under Rule 45 will allow Plaintiff an opportunity to modify them. Therefore the motion will be denied, Plaintiff will be ordered to significantly narrow the scope of the Subpoena and the parties will be ordered to meet and confer regarding the newly drafted Subpoena.

         Non-party TCN is a software service company that provides its customers with “outbound messaging solutions.”[2] In the underlying action Defendant Optio Solutions used the services of TCN to place collection calls to bankruptcy debtor Jessica Jones. Plaintiff seeks evidence from TCN in support of claims made against Optio. The Subpoena makes 64 numbered requests of TCN for information. Some examples of these requests include the following:

Any and all software manuals and/or instruction guides for each and every computer system, software package, software system, telephone system (including Manual Dial and TCN Predictive Dialer) or, electronic device, or nonelectronic device used in any manner by Defendant Optio Solutions, LLC d/b/a Qualia Collection Services.
Copies of all contracts, retainers and fee agreements between Defendant Optio Solutions, LLC d/b/a Qualia Collection Services and the TCN, Inc.
All invoices over the past four (4) years for telephony equipment or software, including but not limited to automatic telephone dialing systems as it relates to Defendant Optio Solutions, LLC d/b/a Qualia Collection Services.
All sales literature for telephony equipment or software used by Defendant Optio Solutions, LLC d/b/a Qualia Collection Services over the past four (4) years, including but not limited to automatic dialing systems.
All reports of calls made for Defendant Optio Solutions, LLC d/b/a Qualia Collection Services from a period of four years before the date of this request to the present.
Any prerecorded voice files and/or pre-recorded messages provided by Defendant Optio Solutions, LLC d/b/a Qualia Collection Services from a period of four years before the date of this request to the present.
All of YOUR invoices over the past five years sent to Defendant Optio Solutions, LLC d/b/a Qualia Collection Services for telephony equipment, software, or services of whatever kind, including but not limited to automatic telephone dialing systems.
All of YOUR contracts, agreements, manuals, and communications with THIRD PARTY concerning YOUR telephony systems and dialing telephone calls over the past five years.
All of YOUR DOCUMENTS relating to any judicial or administrative proceeding (irrespective of date) in which YOU were accused of violating the Telephone Consumer Protection Act, where the accusation concerns telephone calls to wireless phones.
All of YOUR DOCUMENTS relating to any judicial or administrative proceeding (irrespective of date) in which YOU were accused of violating any state statute regulating the use of automated telephone dialing systems, where the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.