Tatmon v. Hartley et al

Filing 93

ORDER DENYING 89 Plaintiff's Motion for Subpoenas signed by Magistrate Judge Mikel H. Williams on 2/9/2010. (Jessen, A)

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA F R E S N O DIVISION

) P E R R Y L. TATMON, ) ) P la in tif f , ) ) v. ) ) ) J A M E S D. HARTLEY, et al., ) ) D e f e n d a n ts. ) _________________________________)

Case No. 1:08-cv-00695-BLW-MHW ORDER

P la in tif f 's Request for Subpoenas (Docket No. 89) is DENIED without prejudice. As set forth in the Amended Scheduling Order (Docket No. 78), in addition to the names a n d addresses, Plaintiff must submit the type of information sought from each person or e n tity to be subpoenaed, and Plaintiff must explain the relevance of the items requested to h is claims. The Court will then determine whether the subpoenas should issue. Additionally, pursuant to Rule 30(a)(2)(A)(i), a plaintiff must receive leave of the court to ta k e more than ten depositions. The Court also orders the parties to engage in a meet and

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confer regarding Plaintiff's request. If the parties cannot come to an agreement, Plaintiff m a y refile his request for subpoenas and state what information is sought and how it is re le v a n t and if the number of depositions exceeds ten, Plaintiff must seek leave from the C o u r t. A d d itio n a lly, if Plaintiff wishes to take depositions, he must file a motion re q u e s tin g permission to do so, specifically showing his ability to comply with the a p p lic a b le Federal Rules of Civil Procedure by providing the names of the proposed p e rs o n s to be deposed, the name and address of the court reporter who will take the d e p o s itio n , the estimated cost for the court reporter's time and the recording, and the s o u rc e s of funds for payment of the cost. D A T E D : February 9, 2010

Honorable Mikel H. Williams U n ite d States Magistrate Judge

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