Steshenko v. McCay et al

Filing 8

ORDER denying 2 Motion to Quash, without prejudice. The Clerk is directed to mail a copy of this Order to Carolyn L. Katzorke, 1661 Garden Highway, Suite 100, Sacramento, CA 95833. The Court directs Steshenko to serve Katzorke with any future filing and give proof of service. The Court directs the Clerk to close this matter on 9/28/12, unless some party makes some filing before then. Signed by Judge D. P. Marshall Jr. on 9/10/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
GREGORY STESHENKO
v.

PLAINTIFF
No. 4:12-mc-22-DPM

THOMAS MCCAY et al.

DEFENDANTS
ORDER

Steshenko moves to quash a subpoena duces tecum issued to the
University of Arkansas for Medical Sciences. The motion is denied without
prejudice.
The subpoena, which the Court had to locate in the docket of the
underlying California litigation (see attached), commanded production of the
disputed records by 6 April 2012. Steshenko moved to quash on 16 July 2012,
more than three months later. Document No. 2. A motion to quash must be
timely. FED. R. CIV. P. 45(c)(3)(A). What is timely within the Rule’s meaning
will, of course, vary with the circumstances. And here, the Court notes, there
was a previous round of litigation in California about this subpoena. But
given the passage of several months after the production date, the Court is
concerned that the matter has become moot for any number of reasons.
Without some showing that UAMS has not produced the records already and

that a live controversy remains, the Court will not take the chance of issuing
an advisory opinion on a moot dispute.
The Court directs the Clerk to mail a copy of this Order to Carolyn L.
Katzorke, 1661 Garden Highway, Suite 100, Sacramento, California 95833,
who issued the challenged subpoena. The Court directs Steshenko to serve
Katzorke with any future filing and give proof of service in the filing. The
Court further directs the Clerk to close this matter on 28 September 2012
unless some party makes some filing before then.
Motion, Document No. 2, denied without prejudice.
So Ordered.
_________________________
D.P. Marshall Jr.
United States District Judge
10 September 2012

Case5:09-cv-05543-RS Document233-4 Filed03/23/12 Page2 of 7
C43327-L

Issued by the

UNITED STATES DISTRICT COURT
EASTERN

DISTRICT OF

SUBPOENA IN A CIVIL CASE
GREGORY STESBENKO V. WATSONVILLE COMMUNITY HOSPITAL

Case Number: 1 C0905543RS
NORTHERN DISTRICT OF CALIFORNIA
TO: UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES
4301 WEST MARKHAM STREET, LITTLE ROCK, AR 72205
0

YOU ARE COMMANDED to appear in the United States District court at the place~ date~ and time specified below to

testifY in the above case.
COURTROOM

PLACE OF TESTIMONY

DATE AND TTM£

0

YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition
in the above case.

I

DATE AND TIMil

PLACE OF DEPOSITION

IXl YOU ARE COMMANDED to produce and permit inspection and copying ofthe following documents or objects at the

place, date, and time specified below (list dQcuments or objects):
SEE ATTACHMENT 3

RECORDS OF: STESHENKO, GREGORY

DOB: 10/2511%1

SSN:

AKA: GREGORY NICHOLAS Sn:sQENKO
PLACE 4301 WEST MARKHAM STREET
LITTLE ROCK., AR 72205

DATE AND TIME
April, 06 2012

09:00AM

0

I

YOU ARE COMMANDED to pennit inspection of the following premises at the date and time specified below.

PRBMfSES

DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
directors, or managing agents, or other persons who consent tl> testify on its behalf: and may set forth, for each person designated, the
matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).
ISSUING ()FACER'S SIGNATURE ANDTl'fLE(INDICNl1:<: IF AITORNEY FOR PLAINTIFF OR DEFENDANT)
AT'tORNEY}?t)R: WATSONVll..LE COMMUNITY HOSPITAL

lSI CAROLYN L. KATZORKE

ISSUING OFFICER'S NAME, ADDRESS AND J'HONENUMBER
CAROLYN L. KATZORKE

1661 GARDEN HIGHWAY, SACRAMENTO, CA 95833
[phone]
{See Rule 45, Federal Rules ofCivJII'~ Sul1divisions {c), (d), and {e), oil nel<t page)
1

If action is pending in district other'than district Of issuance, state diStrict under case number.

DATE
03/lS/12

AQ!!&

mex. g2tn6)Subse'MW!f6;Sl9aiV-05543-RS Document233-4 Filed03/23/12

page3 of 7

PROOF OF SERVICE
.PLACE

DATE

SERVED ON (PRINT NAME)

MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITI..l!

DECLARATION OF SERVER
I declare under penalty ofpeljury under the laws ofthe United States ofAmerica that the foregoing information contained
in the Proof of Service is true and correct.

Executed on
DATE
~

SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil PI'QCedure, Subdivisions (c), (d), and (e), as amended on December I, 2006:
to or a:fflleted by the subpeeua, q!lllsh or mndify the subpoena Qr, if the party in wbuse behalf

(c) Pit~ OF PERSPNS SUI»ECTTOS!JIIf!OI!!IAS.
(l) A party or an an~>mey responsible f~>rthe issuance and service ofa$ubpoena Shall take
reasonable steps to av1>id imposm1J undue burden or expet~se on a persoo ~ubject to that

subpoena. The court on belm'll' of which the~ Wllll l$Ued shall enforce this duty ~~nd
impose IIPOn the P3riY or attorney in breach of thls duly an appropriate ~etion, which may
include. but is not limited to, lost eamings lind a reaSOJiable attorney's feQ.
(2) (A} A person commanded to prnduee and J)l!rmit in!IJ"'(:tton, <:opying, testing. or
slll!lpling ofdesigns!¢d electronicallystored infomla.iiO», bnoks, papers, documents ot tangible
things, or inspe<:lion of prcmiscs.aeed not appear in person at the plw:e of production or
iru!peclion unless oommanded 10 appear funkposition, hearing or trial.
(B) Subject topam!!Jll!lh (d)(2) oflbisrulo, &J)l!fSOO commanded toprnduco andJ)l!tmit
inspection, copying, resting, or sampjing may, within :14 days after servi<:e ofthe,subpeena or
before lbe time specified for compliance if sm;h time is I<:Ssthiln 14 days afler service, serve
upon the party or attlmley designated in the sUbpoena written o~ectioo to producing lillY or all
ofthe designated mmerialsor inspeetionofthe premises-ortoprodueif!$clectrnnically st<n:W
information in the form or forms requested. IfObjection is made, the party serving the subpoena
shall not be entitled to inspect, copy, test, or swnplelbll materi!llsoduspeet the p~l~e,.o:cpt
porsiWittO an order oftheeourt by whiebthesubpoena was issued. If objeetion basbeeo made,
the P3fly serving the subpoen;~ may, upon notice to the person commanded to prnduee, II'IOYe
atuny time for nn order to <:lllllJ)l!l the produetflln, in(!jm:tion, wpying, tellting, or swnpling.
Such an order to compel Shali proteel ~ny persoo wbo is not a party ot an offieer of¥ party !rum
significant expanse resulting from lbe insj)l!ctlon. <:opying. testing. or sampling COillllllUlded.
Q}{A)Olltimelymoti<m,theeourtbywbicllasubpoenawas issuedllhallquasltotmndil)'
the subpoerm if it
(i) fails to allow reusonable time fot compllanee;
(ii) req~lres a person who is not 11 party or an o:lfreu ofa party to mwl to a plae<:
mm:e than fOO mih1sfrom thepfa(:l: Wheretlllllp¢11Wn resides,isempk)yud or regularl)'trlUlsa<:ts
buslne$5 in persoo, except lbat,subject to t!te pJDVisipns gfcl!lllse:(e){~)(B){iii} gfthlsrule, !§Ucll
a person may in order to altf:Dd trial be commMded to U'avtl from .Uy suclrpl111.1e within the
SUite in wbieh the trial is hel"'
(iii) requires disclosure of privileged or otheqn'Qteeted matter and no Cltcep.iion or
waiver applies; <If
{iv) subjootso person ro Wid® bmden.
(B} If a SUbPoena
(i) ~uires disclosureofa trnd<i>secrel or other confidential research, development,
or eommercilil infonnatioo, «
(ii) requires disclost~re of an unremined e;J)Co/t's opinion or information not
descn1lill$ speeific events or ooeum:noosin dispute and resUlting !rum lbe CJtpert's study made
not 11! the request of any party, or
(iii) ~uires a person who is nota party or an officer ofa party to incur substantial
expense ro travel more lhiln 100 mlles to attend lril!l, the court may, to protect a person subje<:t

the subpoena is issued shows a substantial need for the testimony or materialtbat cannot be
otherwise met without undue hardship and nssures that the J)l!fSOO to wltom !be subpoenn is
address¢4 will be reusonably <:OmpeiiSI'lted, the cuut! may order appearance or production Qnly
upon speeified eonditioi!S.
(d) Dtil'll!SIN Rl!SI'OND!NGTOSUBI'O£NA.

(l) (A) A pet!(l)n r..-sponding to a $Ubpoena to produce document' .shall produce them as
they are kept in the usualeourse ofbusiness or sha.ll organize and lahelthem to ~orrespond with
the categories in the demand.
(B)!fasubpeenadoesn<Jtspeeil)'theformorfonnsfurprodueingcleetronicallyst<>Nd
information, a person responding to a subpoona must produce the information in a form or
fom1s i" whiclllhe person o!dillllrily maintains II or in a form or l'l»Tns that are reasonably
\l$llble.
(C) A person responding loa subpoena need not produce the same electronically stored
infurllllltion in more lhan one furm.
{D) A person rejlponding !.o a subpoena need not provide diSCOVill)' of eleetronicuUy
stored information frnot snurces that the person identifies as not reasonably acc:essible because
of undue burden or cost. Oll motion to eomJ)l!l discovery or 10 quash, the ~'fSon from whom
diseeve:ry is !l<)ught mnSI show tha!tho informatllln sought is nolre.>SOJ>nbly accessible because
oftilldu~ burden Qr cost. lf that.shl>wing is made, lbe court may nonetheless older discovery
frllm such sources ifthe reqlli:stlngparty soows good cause, eon~lderill$1he limitatlons ofRule
26(1>){2)(C~ The COOT! mi'IY $peeify eonditiollli for tbe disc<lwry.
(2) {A)Wbe11 information subje(;l to a subpoena is wilhheld on a claim that it is privileged
or subject to protootion as triaJ-prepa:ralion llll;lterials, the claim shall be made expressly and
sluill be support¢d by adeser\ptiot! ofth~ 11ature of t)le documents, comrnunicutiQ!Ili, Qr things
not pto®ced lbat is iiufficient to $able the demanding party to contest lbc claim.
(8) lf information is prnduced in respQnse to a subpoona that is subject to a claim of
privilege or of protection$ tn.l-preparation materlal, the J)l!ISOn muking tha claim 11111y notil)'
any party tbM received the lnform~tion llfthe tlnlnt and tb.c llllsis for lt. After being notified,
a party must promptly return, sequester, llr destroy the speeified information 311d any llOpies it
has and may not use or disclose the information ontft !he claim is resolved. A receiving Pllr!Y
11111y promptly prasent llte informalion to the court onder sell! for a detennination cfthe claim.
lfthe receiving party di~Wlosed the information before being notified, it must take reasonable
steps to retrieve it The person wlto produced the information must preserve the informatiOn
uniil the claim is resolved.
(e)CoNTEMM'. Failllf9 ofany J)l!rson without adequate exeuse to obey a subpoena served upon
tllllt J)l!rSOn 11111y be deemed a contempt of the court trom wbicll the subpoena i~. An
adeqUI'lte cau.~ for failure to obey exists when a subpoena purports to .require a. nonparty to
altand A:)r produ<:e at a plate not within the limi!S provided by clause (ii) of subpamgrapb
{c)Q)(A}.

Case5:09-cv-05543-RS

Document233-4 Filed03/23/12

ATTACHMENT 3

Page4 of 7

C43327-L

SUBJECT: STESHENKO, GREGORY
AKA:GREGORYNiCHOLASSTESHENKQ
DOB: 10125/1961

SSN: NOT PROVIDED

ALL DOCUMENTS, RECORDS, REPORT CARDS, AND TRANSCRIPTS PERTAINING TO THE EDUCATION AND
SCHOLASTIC ABILITY OF THE STUDENT, INCLUDING ALL OFFICE, DISCIPLINARY, AND SCHOLASTIC
RECORDS, ABSENCE RECORDS, MEDICAL/NURSES NOTES AND RECORDS, INCIDENT REPORTS, TEACHER
COMMENTS REGARDING THE STUDENT INCLUDING BUT NOT LIMITED TO, CD ROM, TAPE DRIVE, FLOPPY
DRIVE, BARD DRIVE, SCANNED DOCUMENTS AND ALL OTHER DOCUMENTS STORED ELECTRONICALLY OR
DIGITALLY, FROM THE FIRST DATE OF ADMITTANCE, UPTO AND INCLUDING THE PRESENT.
ANY AND ALL ACADEMIC RECORDS, INCLUDING ANY APPLICATIONS FOR ADMISSION.

Case5:09-cv-05543-RS Document233-4 Filed03/23/12 PageS of 7
REFERENCE: C43327-L

1

2
3

CAROLYN L. KA1ZORKE
DUMMIT, BUCHHOLZ & TRAPP
I661GARDENIDGHWAY
SACRAMENTO, CA 95833
TELEPHONE: [phone]

State Bar No.237989

4

5

ATIORNEY(S) FOR DEFENDANT
WATSONVILLE COMMUNITY HOSPITAL

6
7

8
UNITED STATES FEDERAL COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
GREGORY STESHENKO

"

12
13
PLAINTIFF (S)
14
15

VS.

WATSONVILLE COMMUNITY HOSPITAL

16
DEFENDANT (S}

)
)
}
}
)
)
)
)
)

)
)

CASE NO. C0905543RS

NOTICE OF TAKING DEPOSmON
NO APPEARANCE NECESSARY
RECORDS ONLY
DATE: APRIL06, 2012
TIME: 09:00AM

17

18
19

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TO ALLAPPlrARlNG PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE A NOTE THAT AT THE HOUR OF 09:00AM ON THE
06 TH DAY OE APRIL, 2012, AT THE OFFICES OF
COMPEX LEGAL SERVICES, INC.~ 325 MAPLE AVE, TORRANCE. CA 90503
THE DEFENDANT(S) WILL TAKE THE DEPOS1TION OF THE CUSTODIAN(S) OF

22
RECORD OF THE FOLLOWING BUSSINESS(ES):
23

24
25

26
27

28
29

UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES
4301 WEST MARKHAM STREET, LITTLE ROCK, AR 72205

Case5:09-cv-05543-RS Document233-4 Filed03/23/12 Page6 of 7
REFERENCE~

C43327-L

1

BEFORE ANY NOTARY PUBLIC AUTiiORlZED TO ADMlNISTER OATiiS IN THE STATE OF CALIFORNIA.

2

DATED: MARCH 15, 2012

3

4

DUMMIT, BUCHHOLZ & TRAPP

5
6
7
8

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10

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12
13

14

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16
17

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19

20

21
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24
25

26
27

28
29

CAROLYNL. KATZORKE
ATIORNEY(S) FOR DEFENDANT

Case5:09-cv-05543-RS Document233-4 Filed03/23/12

Page7 of 7

REQUEST: C43327

PROOF OF SERVICE OF SUBPOENA (FEDERAL)

I am employed in SACRAMENTO County; California. I am over the age of 18 and not a
party to the within action; my business address is: 1824 TRIBUTE ROAD. SUITE J
SACRAMENTO, CA 95815
On 03/16/12, I gave notice to: SEE SERVICE LIST BELOW

On the above date, I served true copies of the following documents;
Notice of Taking Deposition
Subpoena Duces Tecum

To each party appearing in this action. at the address below, by placing true copies thereof enclosed in a seated
envelope with postage fully pre-paid, in the United States mail at 1824 TRIBUTE ROAD, SUITE J
SACRAMENTO, CA 95815
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct,
and that this declaration was executed on 03116/12.

SIGNID.

4t

Heather Landi

GREGORY N. STESHENKO (IN PRO PER)
GREGORY NICHOLAS STESHENKO
3030 MARLO COURT
APTOS, CA 95003
LYNCH & SHUPE, LLP
JOHN SHUPE
700AIRPORTBOULEVARD, SUITE4l0
BURLINGAME, CA 94010

PROOF OF SERVICE BY MAIL