Phone Traffickers Trying to 'Stonewall' Discovery With Motions to Quash: Xfinity Mobile

Defendant GlobalguruTech’s (GGT) latest motion to quash six subpoenas to GGT business contacts and for protective order is another attempt to “stonewall Xfinity Mobile’s discovery efforts,” said Xfinity’s opposition response Tuesday (docket 2:22-cv-01950) in U.S. District Court for Arizona in Phoenix. In August, GGT and owner Jakob Zahara filed a third motion to quash Xfinity’s subpoenas, calling the request “overbroad” (see 2308310042); that argument fails as a matter of law, Xfinity said. Defendants have objected to every subpoena Xfinity has sent in the litigation, and rather than correct procedural and substantive deficiencies addressed in Xfinity Mobile’s opposition to their first and second motions to quash, defendants “filed a virtually identical third motion to quash,” it said. The latest subpoenas were sent to companies that conducted business with GGT “and are likely handset traffickers,” Xfinity said: “Defendants are attempting to create a discovery dispute where none exists in order to delay discovery and vastly increase Xfinity Mobile’s litigation costs.” Information sought in the subpoenas will identify entities that advertise, buy, ship, sell or unlock handsets and security codes with GGT; quantify Xfinity’s damages, including GGT’s gross profits and punitive damages; and uncover additional details about the "scheme," said the response. GGT’s motion to quash should be denied because it was filed in the wrong district, defendants don’t have standing to challenge the subpoenas and failed to show need for a protective order, and the subpoenas seek information that is “directly relevant” to Xfinity’s claims and damages and will help identify GGT’s “co-conspirators,” it said. Xfinity's Nov. 16 complaint alleges defendants and their co-conspirators are handset traffickers who exploit financial incentives to acquire phones by using various unlawful methods to circumvent the procedures put in place to protect Xfinity Mobile and its legitimate customers -- and then resell the phones for substantial profit.