Stored Communications Act Does Not Bar Discovery of Employee Phone Records–Mintz v. Bartelstein Assocs.

1 09 2012

[Post by Venkat Balasubramani]

Mintz v. Bartelstein & Assocs, CV 12 02554 SVW (SSx) (Aug. 14, 2012)

Mintz is a sports agent who represents among others, some NBA players. He worked for Bartelstein & Associates for 11 years. After leaving to accept a position with a competitor (CAA), he sought declaratory relief to invalidate his non-compete agreement. Bartelstein counterclaimed saying that Mintz allegedly misappropriated trade secrets and conspired with Mintz’s current employer to steal clients. Bartelstein subpoenaed Mintz’s phone records from AT&T. The subpoena sought ten categories of documents, the bulk of which related to the dates, times, and numbers/accounts for Mintz’s phone calls. The court grants in part and denies in part Mintz’s motion to quash the subpoena as follows:


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