Lojewski v. Group Solar USA, LLC

Background

Rafal Lojewski brought the action individually and for other similarly situated individuals against Group Solar USA, LLC, Salal Credit Union, and other defendants. The plaintiffs allege that New York consumers were promised but did not receive “welcome checks” in connection with the purchase and installation of solar panels for their homes. The parties had conducted preliminary discovery in anticipation of class-certification and summary-judgment motions.

Lojewski moved to compel Salal to produce three categories of internal records: (1) the unredacted identities of 190 customers whose contracts Group Solar assigned to Salal; (2) all communications between Salal and Group Solar; and (3) customer complaints and account notes for the 160 Group Solar accounts managed by Salal. The opinion notes that the 160 accounts represented 190 potential class members because 30 contracts included joint account holders.

Legal Standard

The court explained that discovery generally covers nonprivileged information relevant to a party’s claim or defense. Relevance in discovery is broad and includes information that could reasonably lead to evidence bearing on an issue in the case. The party seeking discovery must first show relevance; after that, the responding party must justify limiting discovery, such as by showing undue burden.

Customer Identities

Lojewski sought the names of the 190 Group Solar customers whose accounts were assigned to Salal. The plaintiffs had obtained copies of thousands of welcome checks from Citibank but said they could not determine which checks belonged to the potential class members or the amounts paid to each person. Salal agreed to produce anonymized customer records, but Lojewski argued that names were needed to match Salal’s customers with the checks and identify the class members and payment amounts.

The court found that the plaintiffs had shown a good-faith need for pre-certification contact information. The information could help them make a fuller showing at the conditional-certification stage or show that the action was unsuitable for certification. It could also bear on the requirements for a class action, including numerosity, commonality, typicality, and adequacy of representation. The court therefore found the requested records relevant and discoverable.

To protect consumer privacy, the court ordered that the materials be reviewed only by the attorneys and used solely in connection with the pending litigation.

Communications Between Group Solar and Salal

Salal had agreed to produce communications between itself and Group Solar, but later said it could not do so because it had no such communications in its possession. The court found that representation too summary to credit. It ordered Salal to make every reasonable effort, urgently and in good faith, to access the requested materials.

The court required Salal to file a sworn affidavit from a knowledgeable person by Tuesday, November 19, 2024. The affidavit had to describe in detail all efforts to access the communications and, if the materials had once been within Salal’s possession, custody, or control, explain why they were no longer accessible. The court warned that destroying evidence or otherwise failing to comply with discovery obligations could result in sanctions, including an instruction allowing an adverse inference.

Customer Complaints and Account Notes

Lojewski also sought all complaints submitted on behalf of Group Solar customers assigned to Salal, all account notes for those customers, and complaints against Group Solar concerning unreceived welcome checks, including complaints involving customers beyond the 160 accounts assigned to Salal. The plaintiffs said the broader complaint request would help identify potential class members.

The court found each category relevant and discoverable. Salal did not dispute the requests on their merits but claimed it possessed no relevant complaint records other than one complaint. The court found that response too summary to credit and directed Salal to address the records in the required sworn affidavit, including the steps taken to access them and why any materials once within its possession, custody, or control were no longer accessible.

Disposition

The court granted Lojewski’s motion to compel in its entirety and ordered Salal to file the required affidavit by Tuesday, November 19, 2024. The clerk was directed to terminate the motion at Docket 94. Judge Paul A. Engelmayer signed the order.