Long v. Corizon Health, Inc. et al.
Filing
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ORDER Granting 25 Motion to Amend Subpoena; and Order Directing Clerk of Court to Issue Amended Subpoena signed by Magistrate Judge Jennifer L. Thurston on 04/15/2020. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PHILLIP J. LONG,
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CASE NO. 1:17-cv-0898-NONE-JLT (PC)
Plaintiff,
ORDER GRANTING MOTION TO
AMEND SUBPOENA; AND
ORDER DIRECTING CLERK OF COURT
TO ISSUE AMENDED SUBPOENA
(Doc. 25)
v.
CORIZON HEALTH, INC., et al.,
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Defendants.
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This action proceeds against a single defendant, Jane Doe, on an Eighth Amendment
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medical indifference claim. Previously, plaintiff’s motion for a subpoena directed towards Jane
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Doe’s employer, Corizon Health, Inc., was granted, and service of the subpoena was ordered on
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December 20, 2019, by the United States Marshal. (Doc. 22.) Service was thereafter effectuated on
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February 28, 2020. (Doc. 24.) Corizon Health, Inc., has since timely objected to the subpoena on
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the ground that it is “unintelligible” because it does not provide enough information to identify Jane
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Doe. (See Doc. 25 at 8-9). Considering that objection, plaintiff submitted a letter with additional
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information to help with identification. (Doc. 25.)
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On review, the Court construes plaintiff’s letter as a motion to amend the subpoena. Good
cause appearing, the Court ORDERS as follows:
1. Plaintiff’s motion to amend (Doc. 25) is GRANTED;
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2. The Clerk of Court shall forward the following documents to the United States
Marshal (USM):
a. One completed and issued amended subpoena duces tecum to be served on:
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MATTHEW M. GRIGG
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Law Offices of Matthew M. Grigg
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1700 N. Broadway, Ste. 360
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Walnut Creek, CA 94596
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b. One copy of the second amended complaint (Doc. 9);
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c. One completed USM–285 form; and
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d. Two copies of this order, one to accompany the amended subpoena and one for
the USM;
3. In completing the amended subpoena, the Clerk of Court shall list, as described here,
the documents requested:
Documents identifying the name of Jane Doe, a female nurse who worked at the
North Annex Jail in Fresno, California on July 8, 2016. On that date, plaintiff was
housed in Bed # 39 in the D Pod on the fourth floor of the North Annex Jail, his
injury occurred in the gym facility on the fourth floor at approximately 2 p.m., and
the female nurse would have treated plaintiff between 2 p.m. and 5 p.m.
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4. Within twenty days from the date of this order, the USM is DIRECTED to serve the
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subpoena in accordance with the provisions of Rule 45 of the Federal Rules of Civil
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Procedure;
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5. The USM shall also serve a copy of the second amended complaint;
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6. Within ten days after service, the USM shall file the return of service, along with the
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costs subsequently incurred in effecting service, and said costs shall be enumerated on
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the USM–285 form; and
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7. Within thirty days after service, counsel for Corizon Health, Inc. is directed to serve
the responsive documents on plaintiff:
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Phillip J. Long
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BJ-2973
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Ironwood State Prison (“ISP-2)
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P.O. Box 2199
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Blythe, CA 92226-2199
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8. Within fourteen days upon receipt of the documents identifying Jane Doe, plaintiff is
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directed to submit a notice with the Court, upon which he will then be directed to
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submit documents necessary to effectuate service.
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IT IS SO ORDERED.
Dated:
April 15, 2020
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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