Singleton v. Hedgepath et al

Filing 239

ORDER Quashing Deposition Subpoenas signed by Magistrate Judge Gary S. Austin on 08/25/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELVIN X. SINGLETON,

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Plaintiff,

1:08-cv-00095-AWI-GSA-PC
ORDER QUASHING DEPOSITION
SUBPOENAS

vs.
S. LOPEZ, et al.,
Defendants.

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This civil rights action, brought pursuant to 42 U.S.C. ' 1983, proceeds on the Second

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Amended Complaint filed by state prisoner Kelvin X. Singleton (APlaintiff@) on February 12,

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2009, against defendants Chief Medical Officer (CMO) A. Youssef; S. Lopez, M.D.; J.

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Akanno, M.D.; S. Qamar, M.D.; Dr. Vasquez, M.D.; Registered Nurse II (RN) Ali; and RN

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Wright-Pearson (“Defendants”), on Plaintiff’s claims for deliberate indifference to his serious

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medical needs in violation of the Eighth Amendment, for delay in providing effective treatment

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for Plaintiff’s back pain, and failure to respond to Plaintiff’s eye pain and swelling. (Doc. 26.)

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This case is presently in the discovery phase.

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On August 20, 2015, the parties took part in a telephonic discovery conference with

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Magistrate Judge Gary S. Austin regarding deposition subpoenas served by Plaintiff on Dr.

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Steven Yaplee, Dr. Marshall Lewis and Dr. Ashok Parmar. Attorney Patrick C. Justman
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appeared telephonically on behalf of Plaintiff. Deputy Attorney General William J. Douglas

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appeared telephonically on behalf of Defendants.

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Magistrate Judge Gary S. Austin, having read the parties’ Joint Statement of Discovery

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Dispute, and having heard the oral arguments of counsel, held that the court’s order of April,

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24, 2015 (ECF No. 233) did not give Plaintiff leave to serve deposition subpoenas. Therefore,

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the deposition subpoenas served on Dr. Steven Yaplee, Dr. Marshall Lewis and Dr. Ashok

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Parmar shall be quashed.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The deposition subpoenas served by Plaintiff on Dr. Steven Yaplee, Dr.

Marshall Lewis and Dr. Ashok Parmar are QUASHED; and
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This order does not affect Plaintiff’s documents subpoenas to the foregoing

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doctors, or the parties’ ability to conduct expert witness depositions as provided by Federal

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Code of Civil Procedure section 26(b)(4)(A).

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IT IS SO ORDERED.
Dated:

August 25, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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