Vaughn v. Teran

Filing 110

ORDER GRANTING Plaintiff's 109 Motion to Issue Additional Subpoenas signed by Magistrate Judge Helena M. Barch-Kuchta on 07/26/2023. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK A. VAUGHN,
Plaintiff,

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vs.

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TERAN, nurse,

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Defendant.

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CASE NO.: 1:17-cv-00966-ADA-HBK
ORDER GRANTING PLAINTIFF’S MOTION
TO ISSUE ADDITIONAL SUBPOENAS
(Doc. No. 109)

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On July 7, 2023, counsel for Plaintiff filed a motion requesting the Court to issue additional

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subpoenas to obtain banking records in this action. (Doc. No. 109). Defendant does not oppose the

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issuance of subpoenas. (Id. 1).

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The Court previously determined it has auxiliary jurisdiction over the settlement agreement as

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stipulated to by the parties. The Court further finds that the issuance of additional subpoenas pursuant to

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Federal Rules of Civil Procedure Rule 45 is within the Court’s jurisdiction and will direct the Clerk to

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issue the same. Fed. R. Civ. P. 45 (a)(1)(D)(3). Alternatively, counsel for Plaintiff is authorized issue

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and sign the subpoenas as appropriate. (Id.).

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Accordingly, it is hereby ORDERED:

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Plaintiff’s motion for issuance of a additional subpoenas (Doc. No. 109) is GRANTED. The

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Clerk of Court shall issue to Plaintiff's counsel subpoenas to recover records related to identifying and

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recovering settlement funds pursuant to Federal Rules of Civil Procedure Rule 45. Alternatively,

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counsel for Plaintiff is authorized issue and sign the subpoenas, as appropriate.

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Dated:

July 26, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE