Recino v. Unknown

Filing 47

ORDER DIRECTING Personal Service of Subpoena Duces Tecum by United States Marshal without Prepayment of Costs signed by Magistrate Judge Barbara A. McAuliffe on 9/19/2017. (Sant Agata, S) (Additional attachment(s) added on 9/19/2017: # 1 Subpoena) (Sant Agata, S).

AO88 (Rev. 12/07) Subpoena in a Civil Case

Issued by the

UNITED STATES DISTRICT COURT
Eastern District of California
__________ District of __________
Roberto R. Recino

SUBPOENA IN A CIVIL CASE

V.
Unknown

Case Number:1 1:15-cv-00362-LJO-BAM (PC)

TO: Michael Sexton,
Acting Warden of California State Prison, Corcoran
4001 King Avenue
Corcoran, Ca 93212

G 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.
PLACE OF TESTIMONY

COURTROOM

DATE AND TIME

G 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.
PLACE OF DEPOSITION

DATE AND TIME

✔
G YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the

place, date, and time specified below (list documents or objects):
Any and all medical reports relating to Plaintiff, from April 2004 to August 2004 and any other documents referenced in
attached order.

PLACE

Roberto R. Recino, CDCR# V-16504, 480 Alta Road, San Diego, CA 92179

DATE AND TIME

10/31/2017 0:00 am

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

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 to testify on its behalf, and may set forth, for each person designated, the
matters on which the person will testify. Federal Rule of Civil Procedure 30(b)(6).
ISSUING OFFICER’S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)

DATE

9/19/2017
ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER

S. Sant Agata, Deputy Clerk
2500 Tulare St., Suite 1501, Fresno, Ca 93721
(See Federal Rule of Civil Procedure 45 (c), (d), and (e), on next page)

1

If action is pending in district other than district of issuance, state district under case number.

AO88 (Rev. 12/07) Subpoena in a Civil Case (Page 2)

PROOF OF SERVICE
DATE

PLACE

SERVED
SERVED ON (PRINT NAME)

MANNER OF SERVICE

SERVED BY (PRINT NAME)

TITLE

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained
in the Proof of Service is true and correct.
Executed on
DATE

SIGNATURE OF SERVER

ADDRESS OF SERVER

Federal Rule of Civil Procedure 45 (c), (d), and (e), as amended on December 1, 2007:
(c) PROTECTING A PERSON SUBJECT TO A SUBPOENA.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or
expense on a person subject to the subpoena. The issuing court must enforce this duty and
impose an appropriate sanction — which may include lost earnings and reasonable attorney's
fees — on a party or attorney who fails to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce documents,
electronically stored information, or tangible things, or to permit the inspection of premises, need
not appear in person at the place of production or inspection unless also commanded to appear
for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible things or to
permit inspection may serve on the party or attorney designated in the subpoena a written
objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting
the premises — or to producing electronically stored information in the form or forms requested.
The objection must be served before the earlier of the time specified for compliance or 14 days
after the subpoena is served. If an objection is made, the following rules apply:
(i) At any time, on notice to the commanded person, the serving party may move
the issuing court for an order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the order must
protect a person who is neither a party nor a party's officer from significant expense resulting
from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the issuing court must quash or modify a
subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party's officer to travel more
than 100 miles from where that person resides, is employed, or regularly transacts business in
person — except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend
a trial by traveling from any such place within the state where the trial is held;
(iii) requires disclosure of privileged or other protected matter, if no exception
or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the
issuing court may, on motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research, development, or
commercial information;
(ii) disclosing an unretained expert's opinion or information that does not
describe specific occurrences in dispute and results from the expert's study that was not
requested by a party; or
(iii) a person who is neither a party nor a party's officer to incur substantial
expense to travel more than 100 miles to attend trial
(C) Specifying Conditions as an Alternative. In the circumstances described in Rule
45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or
production under specified conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be otherwise
met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.
(d) DUTIES IN RESPONDING TO A SUBPOENA.
(1) Producing Documents or Electronically Stored Information. These procedures apply
to producing documents or electronically stored information:
(A) Documents. A person responding to a subpoena to produce documents must
produce them as they are kept in the ordinary course of business or must organize and label them
to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If a
subpoena does not specify a form for producing electronically stored information, the person
responding must produce it in a form or forms in which it is ordinarily maintained or in a
reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The person
responding need not produce the same electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person responding need not
provide discovery of electronically stored information from sources that the person identifies as
not reasonably accessible because of undue burden or cost. On motion to compel discovery or
for a protective order, the person responding must show that the information is not reasonably
accessible because of undue burden or cost. If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows good cause, considering the
limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information under a
claim that it is privileged or subject to protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or
tangible things in a manner that, without revealing information itself privileged or protected, will
enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a subpoena is
subject to a claim of privilege or of protection as trial-preparation material, the person making
the claim may notify any party that received the information of the claim and the basis for it.
After being notified, a party must promptly return, sequester, or destroy the specified
information and any copies it has; must not use or disclose the information until the claim is
resolved; must take reasonable steps to retrieve the information if the party disclosed it before
being notified; and may promptly present the information to the court under seal for a
determination of the claim. The person who produced the information must preserve the
information until the claim is resolved.
(e) CONTEMPT.
The issuing court may hold in contempt a person who, having been served, fails without
adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the
subpoena purports to require the nonparty to attend or produce at a place outside the limits of
Rule 45(c)(3)(A)(ii).