Baldhosky v. Hubbard et al

Filing 94

ORDER GRANTING IN PART AND DENYING IN PART 76 Motion for Protective Order, signed by Magistrate Judge Michael J. Seng on 05/05/2017. (Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RAYMOND BALDHOSKY , 11 12 13 14 Plaintiff, v. SUSAN HUBBARD, et al., CASE NO. 1:12-cv-01200-LJO-MJS (PC) ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR PROTECTIVE ORDER (ECF NO. 76) Defendants. 15 16 17 Plaintiff is a former state prisoner proceeding pro se in this civil rights action 18 brought pursuant to 42 U.S.C. § 1983. On May 4, 2016, the Court screened Plaintiff’s 19 third amended complaint and found that it stated cognizable claims against ten 20 defendants: Dr. Gonzalez, Dr. Nguyen, Dr. Metts, Physician’s Assistant L. Peters, 21 Physician’s Assistant T. Byers, Nurse T. Grossi, Nurse Ruff, Nurse Dunn, Nurse 22 Indindes, and Nurse Amanda Kaylor. (ECF No. 31.) 23 Before the Court is a motion for protective order brought by real party in interest 24 California Department of Corrections and Rehabilitation (“CDCR”). (ECF No. 76.) Plaintiff 25 filed a response. (ECF Nos. 88, 89, 93.) CDCR filed a reply. (ECF No. 90.) The matter is 26 submitted. Local Rule 230(l). 27 28 1 1 I. 2 3 Procedural History The subpoena at issue on this motion arises out of a lengthy and cumbersome effort to serve the Defendants in this case. 4 Defendants Gonzalez, Metts, and Kaylor waived service early in this litigation. 5 Duc Nguyen was served on behalf of Defendant Nguyen, but service on Mr. Nguyen was 6 quashed. (ECF No. 60.) Summons for Defendants Indindes, Ruff, and Dunn were 7 returned unexecuted. (ECF Nos. 45, 46, 67.) Waivers sent to Defendants Byers, Grossi, 8 and Peters were not immediately returned and, for reasons that are presently unclear, 9 the United States Marshals Service (“USM”) did not attempt personal service on these 10 Defendants. (ECF No. 56.) 11 The Court held two status conferences to attempt to resolve service issues. (ECF 12 Nos. 64, 66.) In the latest of these, on January 12, 2017, counsel for Defendants 13 Gonzalez, Metts, and Kaylor represented the following: Defendants Byers, Grossi, and 14 Peters had received service packets and were expected to seek representation from the 15 Office of the Attorney General; address information for the correct Defendant Nguyen 16 had been given to USM; and CDCR was unwilling to provide information for Defendants 17 Indindes, Ruff, and Dunn absent a court order. (ECF No. 66.) Accordingly, on February 18 6, 2017, the Court granted Plaintiff’s oral motion for subpoena duces tecum and issued a 19 subpoena directing CDCR to provide Plaintiff with certain documents regarding the 20 unserved Defendants to assist with service of process. (ECF No. 71.) Defendants Byers, 21 Grossi, and Peters since have appeared in the action and answered the complaint. (ECF 22 No. 85.) 23 II. Discussion 24 CDCR seeks to modify the subpoena to require that the information required by 25 the subpoena be provided only to the USM for purposes of effecting service, and that the 26 confidential information not be provided to Plaintiff. Plaintiff agrees, “as long as such 27 modification does not waive any rights of discovery[.]” (ECF No. 93.) As this subpoena 28 2 1 was issued solely to obtain information necessary to serve the Defendants, the Court 2 agrees that the subpoena may be modified. However, if the Defendants are not served 3 or do not waive service within 60 days of the date of this order, the Court will order the 4 information released to Plaintiff so that he may conduct his own inquiries or seek further 5 subpoenas to attempt to locate Defendants for service. 6 Based on the foregoing, it is HEREBY ORDERED that: 1. CDCR’s motion for protective order is GRANTED IN PART AND DENIED 7 8 IN PART as set forth herein; 9 2. Within five (5) days of the date of this order, CDCR shall provide the 10 information for Defendants Indindes, Ruff, and Dunn to the USM for 11 service. 12 13 14 15 IT IS SO ORDERED. Dated: May 5, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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