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CAPITAL ONE BANK (USA), N.A. v. McGRAW

Civil Action No. 2:08-cv-00165.

563 F.Supp.2d 613 (2008)

CAPITAL ONE BANK (USA), N.A., et al., Plaintiffs, v. Darrell V. McGRAW, Jr., Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

June 26, 2008.

Attorney(s) appearing for the Case

Bruce M. Jacobs, Niall A. Paul, Spilman Thomas & Battle, Charleston, WV, James R. McGuire, Rita Lin, Morrison & Foerster, San Francisco, CA, for Plaintiffs.

Charli Fulton, Office of the Attorney General, Troy N. Giatras, The Giatras Law Firm, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is the defendant's Motion to Dismiss. For reasons set forth below, the defendant's motion is DENIED in part and GRANTED in part. Because I find as a matter of law that the defendant's subpoena cannot lawfully be enforced against Capital One Bank (USA), N.A., the defendant and his agents are (1) permanently ENJOINED from issuing subpoenas...

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