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.

Wakefield v. Visalus, Inc.

United States District Court, D. Oregon

March 22, 2019

LORI WAKEFIELD, individually and on behalf of a class of others similarly situated, Plaintiffs,
v.
VISALUS, INC., Defendant.

          Scott F. Kocher and Stephen J. Voorhees, Forum Law Group, Benjamin H. Richman, Rafey S. Balabanian, Eve-Lynn J. Rapp, J. Aaron Lawson, and Lily E. Hough, Edelson pc, Gregory S. Dovel, Simon Franzinim, and Jonas Jacobson, Dovel & Luner LLP, of Attorneys for Plaintiff and the Certified Class.

          Joshua M. Sasaki and Nicholas H. Pyle, Miller Nash Graham & Dunn LLP, John M. O'Neal and Zachary S. Foster, Quarles & Brady LLP, of Attorneys for Defendant.

          OPINION AND ORDER

          Michael H. Simon, District Judge.

         Trial is set to begin in this case in 19 days. Plaintiff recently served a trial subpoena on Defendant, a corporation, seeking the appearance at trial of a “corporate representative.” Defendant has moved to quash. Along with her response to that motion, Plaintiff moved for leave to take a “trial deposition” of Defendant's corporate representative. For the reasons stated below, Defendant's motion to quash is granted and Plaintiff's motion for leave is denied.

         BACKGROUND

         Plaintiff Lori Wakefield brings two causes of action against Defendant ViSalus, Inc. The first is an individual claim under the general private right of action enforcement provision of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227(c)(5), alleging that Defendant violated the TCPA's implementing regulations, specifically 47 C.F.R. § 64.1200(c), by initiating more than one telemarketing call within a 12-month period to Plaintiff's landline telephone number that had been registered with the National Do Not Call Registry for at least 30 days. Plaintiff's second claim is a class claim, alleging that Defendant violated § 227(b)(1)(A)(iii) and (b)(1)(B)[1] of the TCPA by improperly using an artificial or prerecorded voice in telemarketing calls to people's residential landline or cellular telephones without their prior express consent. This case is scheduled for a jury trial, commencing on April 10, 2019.

         In anticipation of trial, on February 22, 2019, Plaintiff issued a trial subpoena under Rule 45 of the Federal Rules of Civil Procedure to Defendant “ViSalus, Inc. and a corporate representative of ViSalus, Inc.” ECF 236-1. On February 28, 2019, Plaintiff issued a nearly identical trial subpoena, with the only apparent difference being that Plaintiff tendered a witness fee and mileage in the amount of $1, 040 with the second subpoena. ECF 236-1. On March 7, 2019, Defendant moved to quash. ECF 236. On March 14, 2019, Plaintiff filed her opposition to Defendant's motion to quash. ECF 241. On that same day, Plaintiff filed her own motion for leave to take trial deposition on a corporate representative of Defendant, in the event that the Court concludes that Defendant is beyond the Court's subpoena power and grants Defendant's motion to quash. ECF 243.

         DISCUSSION A. Defendant's Motion to Quash Trial Subpoena to Corporate Representative

         Rule 45(c) of the Federal Rules of Civil Procedure provides, in relevant part, as follows:

(c) Place of Compliance.
(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or
(B) within the state where the person resides, is employed, or regularly transacts business in ...

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.