Mahammad Nawaz Raja v. LVNV Funding, LLC, et al.

Summary

The court rules on Plaintiff Mahammad Raja’s motions to quash subpoenas issued by LVNV Funding to the Virginia Department of Motor Vehicles, Costco Wholesale Corp., and Navy Federal Credit Union. It denies the motions as to the DMV and Navy Federal subpoenas and grants them in part as to the Costco subpoena, narrowing that subpoena to records associated with specified identifying information. The court also cancels the scheduled hearing and directs that responsive confidential information not be publicly filed without appropriate redactions or court authorization.

Holdings

1. The DMV and Navy Federal subpoenas were relevant to LVNV’s defense and proportional to the needs of the case and therefore would not be quashed.
2. The subpoenas were not subject to quashing merely because they sought sensitive personal information where Plaintiff placed his identity and personal information at issue by bringing the action and relying on those facts to support his identity-theft claims.
3. The Costco subpoena was overbroad as written because it could capture records concerning any individual named Mohammad or Mahammad Raja who held a Costco membership in Virginia. The subpoena was therefore narrowed to records associated with at least one specified identifier: Plaintiff’s address, telephone number, email address, or the last four digits of his Social Security number.

Questions Presented

1. Whether the subpoenas issued to the Virginia Department of Motor Vehicles, Costco Wholesale Corp., and Navy Federal Credit Union sought information relevant and proportional to the needs of the case.
2. Whether the subpoenas should be quashed or modified because they imposed undue burden or sought sensitive personal information.
3. Whether the Costco subpoena was overbroad because it could reach records concerning unrelated individuals with the same or similar name.

Disposition

other