United States District Court, D. Utah, Central Division
SCOTT RILLEY; MICHELLE KUNZA; KENDRA BUETTNER; JOHNATHAN ALDRICH; and VENUS COLQUITT-MONTGOMERY, Petitioners,
MONEYLION OF UTAH LLC, Respondent.
CAMPBELL DISTRICT JUDGE
MEMORANDUM DECISION AND ORDER
M. WARNER CHIEF UNITED STATES MAGISTRATE JUDGE
Judge Tena Campbell referred this case to Chief Magistrate
Judge Paul M. Warner pursuant to 28 U.S.C. §
636(b)(1)(A). Before the court is petitioners Scott
Rilley, Michelle Kunza, Kendra Buettner, Johnathan Aldrich,
and Venus Colquitt-Montgomery's (collectively,
“Petitioners”) motion to enforce subpoena (the
“Motion”). The court has carefully reviewed the
written memoranda submitted by the parties. Pursuant to Civil
Rule 7-1(f) of the Rules of Practice for the United States
District Court for the District of Utah, the court has
concluded that oral argument is not necessary and will decide
the motion on the basis of the written memoranda.
See DUCivR 7-1(f).
matter is before the court on the Motion, which seeks an
order enforcing a subpoena duces tecum served on a non-party
in a putative class action, Rilley v. MoneyMutual,
LLC, No. 16-cv-04001 (D. Minn.). In the underlying
lawsuit, Petitioners allege that MoneyMutual, LLC; Selling
Source, LLC; and Partner Weekly, LLC (collectively,
“Defendants”) violated Minnesota law by
facilitating short-term consumer loans to Minnesota
residents. During discovery in the underlying lawsuit,
Defendants produced to Petitioners a spreadsheet showing
leads that were sold by Defendants, when they were sold, and
to which lender those leads were sold. Defendants identified
MoneyLion of Utah, LLC (“Respondent”) as one of
the lenders, and indicated that in 2016, Respondent purchased
a total of thirty-two (32) leads on potential borrowers in
Minnesota. Petitioners have issued approximately 100
subpoenas on non-party lenders, including the amended
subpoena served on Respondent in this action (the
Subpoena requests the following documents:
1. Copies of Respondent's loan agreements with Minnesota
residents consummated since August 1, 2008, where contact
with the Minnesota resident was initiated through one of the
2. Documents evidencing payment history for every loan
transaction that Respondent consummated with Minnesota
consumers since August 1, 2009, where the contact was
initiated through a lead purchased from one of the
Defendants, including sufficient information to identify the
consumer's bank and account number involved in the loan
3. Any agreements or contracts in effect since August 1,
2009, with companies to which Respondent furnishes
information regarding loans for the purposes of credit
reporting or collection.
4. Respondent's contracts with Defendants that have been
in effect since August 1, 2009.
5. Communications with Defendants since August 1, 2009,
relating the underlying lawsuit; the legality of
Respondent's loans; Respondent's legal status as a
lender; any registrations or certifications held by
Respondent; any code of conduct applied by MoneyMutual, LLC
or its affiliates to Respondent; complaints regarding loans;
any contracts, or agreements between Respondent and
Defendants; or any other lawsuits involving lending.
6. Any lending licenses Respondent has obtained from the
state of Minnesota since August 1, 2009.
7. Agreements with any payment processors or banks that
Respondent has used to initiate ACH transactions on
Respondent's behalf with Minnesota ...