Attorney Colin M. Thompson, who is representing the bank, told the federal court the subpoena should be quashed because the documents FirstNet Insurance Company seeks “are private and protected.”
Zheng Rui Brother Corp., the defendant, has not met the standard for the production of such documents, Thompson added.
The service of the subpoena was defective, the City Trust Bank attorney noted.
Thompson argued that “compliance with the subpoena subjects the bank to undue burden.”
In her declaration, head teller Vivian D. Bernardo said the bank right now is “under staffed.”
“We can do it only after our regular task in the afternoon…. If electronically stored information is not available when we need to get it from our paper files in the stockroom,” said Bernardo, adding that the printing process will take 30 minutes every day, and needs at least 10 hours or more to complete everything.
Thompson said the bank records relating to personal financial information may not be produced by the bank without a court order requiring their production.
FirstNet Insurance, through attorney Richard W. Pierce, earlier told the federal court that the fire at BL Clothing Store, operated by Zheng Rui Brother Corp., the defendant, was caused by arson as confirmed by a professional in the field who investigated the incident.
FirstNet Insurance is asking the court for a declaration of the rights and obligations of the parties under the FirstNet Policy; judgment discharging FirstNet Insurance from any obligation to Zheng Rui Brother Corp. under the FirstNet Policy on the submitted proof of loss; costs, disbursements and attorney’s fees incurred and other relief.
Zheng Rui Brother Corp. valued its lost inventory and equipment at $404,718.53, and it claimed for that amount against FirstNet Insurance under the FirstNet Policy, the civil complaint stated.
James Biao, owner of BL Clothing Store and BL Tailor Shop, earlier said the allegation that he intentionally set his store on fire was “not funny.”
