Day #050715 v. Ryan et al

Filing 116

ORDER - Motion Hearing re: Plaintiff's motion for subpoenas for trial witnesses and Defendant's response (Docs. 107 , 112 , 114 , and 115 ) set for 11/13/2019 at 02:30 PM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 b efore Senior Judge James A Teilborg. FURTHER ORDERED that the Clerk of the Court shall send Plaintiff 13 blank subpoena forms for the non-inmate witnesses. Plaintiff must return these completed forms to the Clerk of the Court by November 4, 2019. T he Clerk of the Court shall not forward these subpoenas to the Marshals for service without a further order from this Court. FURTHER ORDERED that Plaintiff shall file a supplemental brief by November 4, 2019 regarding Plaintiff's intention/ability to pay the required witness fees. See document for complete details. Signed by Senior Judge James A Teilborg on 10/17/2019. (RMV)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Terry D Day,

No. CV-17-00774-PHX-JAT
Plaintiff,

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v.

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ORDER

Michael Dicks,

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Defendant.

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IT IS ORDERED setting a hearing on Plaintiff’s motion for subpoenas for trial

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witnesses and Defendant’s response (Docs. 107, 112, 114, and 115) for Wednesday,

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November 13, 2019, at 2:30 p.m. Defendant shall arrange for Plaintiff’s telephonic

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appearance at this hearing by having Plaintiff call into the Court at 602-322-7560 at the

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time set for the hearing.

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IT IS FURTHER ORDERED that the Clerk of the Court shall send Plaintiff 13

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blank subpoena forms for the non-inmate witnesses. Plaintiff must return these completed

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forms to the Clerk of the Court by November 4, 2019. The Clerk of the Court shall not

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forward these subpoenas to the Marshals for service without a further order from this Court.

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IT IS FURTHER ORDERED that Plaintiff shall file a supplemental brief by

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November 4, 2019 regarding Plaintiff’s intention/ability to pay the required witness fees.

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In his reply Plaintiff says, “all fees and costs could and should be added to the costs plaintiff

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has been forced to incur by the bringing of this action.” (Doc. 115 at 3). There is no

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running tab with the Court to which to add expenses. Witness fees are paid to the witnesses

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directly, not to the Court or Defendant Dicks. Accordingly, Plaintiff’s brief must evidence

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an ability/intention to pay the required fees for the third-party witnesses or Plaintiff may

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submit the required funds contemporaneous to returning each subpoena. See generally 28

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U.S.C. § 1821; Jenkins v. Perry, 2010 WL 2302546, at *2 (E.D. Cal. June 7, 2010); Tedder

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v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989); Salerno v. Arizona Dep’t of Corrections,

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CV 13-2250-PHX-ROS (D. Ariz. April 25, 2016) (quoting Jackson v. Russel, 122 F. Supp.

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3d 199, 200 (D. Del. 2015) (“Federal courts are not authorized to waive or pay witness fees

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for indigent litigants and an inmate proceeding in forma pauperis in a civil action may not

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issue subpoenas without paying the required fees.”)).

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Dated this 17th day of October, 2019.

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