Reyes v. Flores et al

Filing 194

ORDER DENYING 193 Plaintiff's Motion for a Refund signed by Magistrate Judge Christopher D. Baker on 2/7/2024. (Lawrence, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:16-cv-00586-CDB (PC)

ABEL P. REYES,
Plaintiff,
v.

ORDER DENYING PLAINTIFF’S MOTION
FOR A REFUND
(Doc. 193)

M. FLORES,

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Defendant.

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I.

INTRODUCTION

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This case was dismissed and closed on August 4, 2023, after the parties filed a stipulation

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of dismissal. (See Docs. 191 & 192.) On January 17, 2024, Plaintiff Abel P. Reyes moved for a

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refund of monies related to witness fees. (Doc. 193.)

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II.

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Plaintiff seeks the return of monies paid for witness fees by way of money orders. (Doc.

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DISCUSSION

193.) More specifically, he seeks a refund in the amount of $1,050.20. (Id. at 2.)
Relevant Background
A review of the docket for this matter reveals Plaintiff submitted eleven money orders in

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connection with witness fees on August 27, 2019 in anticipation of trial, which at that time was

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scheduled to commence on October 29, 2019. (Doc. 85 at 9.).

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The Court issued an Order Directing Service of Subpoenas on Unincarcerated Witnesses

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by the United States Marshal on October 16, 2019. (Doc. 106.) That order directed the Marshal

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“to serve the subpoenas and money orders” on B. Whitfield, G. Andrade, T. Macias, Alford, E.

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Cortez, M. Campbell, J. Kim, A. Horan, J. Noor, A. Snyder, and P. Hugh. (Id. at 2-5.)

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On October 25, 2019, the Marshal filed a return of service, indicating witnesses A. Horan,
B. Whitfield, G. Andrade, E. Cortez, and Alford were personally served. (Doc. 107.)

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After the trial was delayed to accommodate the appointment of counsel for Plaintiff (Doc.

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114), the Marshal indicated it had personally served T. Macias (Doc. 116) but had been unable to

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serve J. Noor and P. Hugh. (Doc. 115). Therefore, the money orders for Noor and Hugh were

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returned to the Clerk of the Court. Days later, the Marshal reported M. Flores and A. Snyder had

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been personally served. (Docs. 117 & 118.)
On December 2, 2019, the Court issued its Order Directing Clerk of Court to Return to

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Plaintiff Witness Fees for Jaber Noor and Perkin Hugh. (Doc. 122.) The Clerk returned the

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money orders (#26043343291 - $166.44; #26053343302 - $174.56) via United States mail

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directed to remitter Ortense P. Reyes that same date.

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After trial in this matter was delayed for various reasons over a period of about two years,
the matter was set for jury trial before the undersigned on August 2, 2023. (Doc. 162.)

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On July 21, 2023, the Court issued its Order Directing Service of Subpoenas on

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Unincarcerated Non-CDCR Affiliated Witnesses by the United States Marshal. (Doc. 183.) The

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Court noted defense counsel’s inability to reach several witnesses. (Id. at 2.) The Court directed

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the Marshal to serve M. Campbell and A. Snyder, noting witness fees had previously been

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provided to those individuals. (Id. at 3-4.)

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When the parties filed a notice of settlement on July 21, 2023 (Doc. 185), the Court issued

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its Order Discharging Order Directing Service of Subpoenas on Unincarcerated Non-CDCR

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Affiliated Witnesses by the United States Marshal on July 24, 2023 (Doc. 188). Shortly

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thereafter, the Marshal reported it had been unable to serve M. Campbell and A. Snyder as

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previously ordered. (Docs. 189 & 190.)

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Analysis

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As noted above, the money orders for witnesses Noor and Perkin were returned to
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Plaintiff through Ortense P. Reyes on December 2, 2019, and Plaintiff appears to acknowledge

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those funds were returned previously. (See Doc. 193 at 2.) Plaintiff specifically seeks the return of

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the money orders made payable to B. Whitfield, G. Andrade, T. Macias, Alford, E. Cortez, J.

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Kim, A. Horan, M. Campbell and A. Snyder. (Id. at 1-2.)

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As to those individuals, this Court’s records indicate that all were served with subpoenas
and the accompanying money orders covering the required witness fees:

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B. Whitfield was personally served on October 25, 2019

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G. Andrade was personally served on October 25, 2019

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T. Macias was personally served on October 22, 2019

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Alford was personally served on October 25, 2019

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E. Cortez was personally served on October 25, 2019

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J. Kim was personally served on October 30, 2019

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A. Horan was personally served on October 25, 2019

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M. Campbell was personally served on November 19, 2019

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A. Snyder was personally served on October 30, 2019

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(See Docs. 107, 109, 116, 117 & 118.) Moreover, the undersigned has confirmed with the Clerk

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of the Court that the Court is not in possession of any money orders, or any other funds, relating

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to this action. Simply put, there are no monies to return or refund to Plaintiff. Plaintiff’s remedy,

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if any, for the return of witness fees lies elsewhere.

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III.

CONCLUSION AND ORDER

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For the reasons stated above, IT IS HEREBY ORDERED that Plaintiff’s motion or

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request for a refund (Doc. 193) is DENIED.

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IT IS SO ORDERED.

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Dated:

February 7, 2024

___________________

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UNITED STATES MAGISTRATE JUDGE

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