Gutierrez v. McLaws et al

Filing 32

ORDER granting 28 Motion to Quash. Signed by Judge David G Campbell on 1/16/2014.(DGC, nvo)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 12 ORDER Plaintiff, 10 11 No. CV-13-00585-PHX-DGC Jose Gutierrez, v. Seth McLaws et al., Defendants. 13 14 The United States has moved to quash a subpoena issued to the Department of 15 Homeland Security (“DHS”) on December 10, 2013. Doc. 28. The Court will grant the 16 motion. 17 The United States argues that Plaintiff has “failed to follow DHS regulations 18 governing the production of documents.” Doc. 28 at 3. 19 regulations clearly state that in cases where DHS has not entered an appearance or given 20 notice of representation, “only the Office of the General Counsel is authorized to receive 21 and accept subpoenas[.]” 6 C.F.R. § 5.43. The Office of the General Counsel must 22 receive a writing setting forth “with as much specificity as possible, the nature and 23 relevance of the information sought.” 24 prohibited from producing documents “unless authorized to do so by the Office of the 25 General Counsel[.]” Id. at § 5.44(b). Id. at § 5.45. The Court agrees. The Further, DHS employees are 26 The subpoena in question was issued to “Office of the Chief Counsel, U.S. 27 Customs and Border Protection.” Doc. 30. There is no evidence that Plaintiff served the 28 subpoena on DHS’s Office of the General Counsel or provided that office a writing 1 setting forth with specificity the nature and relevance of the information sought. Because 2 Plaintiff has failed to comply with the appropriate regulations, the Court will grant the 3 motion to quash. See United States v. Henson, 123 F.3d 1226, 1237 (9th Cir. 1997) 4 (upholding the district court’s decision to quash a subpoena where the plaintiff failed to 5 follow an agency’s procedures for obtaining records). 6 IT IS ORDERED that the United States’ motion to quash (Doc. 28) is granted. 7 Dated this 16th day of January, 2014. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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