Robinson v. Cunan

Filing 28

ORDER signed by Magistrate Judge John F. Moulds on 12/22/2010 DENYING 26 Motion for Issuance of Subpoenas. It is HEREBY ORDERED that insofar as plaintiff subpoenas any person for a January 13, 2011 hearing, any party or non-party in receipt of said subpoena need not reply, either by complying or moving to quash the subpoena, as there is no hearing in this matter scheduled for that date. (Donati, J)

(PS) Robinson v. Cunan

Doc. 28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The court acknowledges defendant's opposition to the request for subpoenas. Any opposition to or request to quash the subpoenas shall be made in accordance with Rule 45(c)(3). 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH ROBINSON, Plaintiff, vs. JEFF CUNAN, Defendant. / On December 20, 2010, plaintiff submitted a letter to the Clerk of the Court for the issuance of subpoenas.1 Subpoenas are governed by Fed. R. Civ. P. 45. The purpose of a subpoena, in general, is to direct a person (1) to testify, (2) to produce documents, information, or tangible things, or (3) to permit the inspection of premises. Fed. R. Civ. P. 45(a)(1)(A)(iii). The Clerk of the Court "must issue a subpoena, signed but otherwise in blank, to a party who requests it." Rule 45(a)(3) (emphasis added). Here, plaintiff attached multiple completed subpoenas for the Clerk's signature. This is procedurally improper. Therefore, plaintiff's request is denied. ///// ORDER No. CIV 2:10-cv-2464-MCE-JFM (PS)

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Further, upon review of the submitted subpoenas, IT IS HEREBY ORDERED that insofar as plaintiff subpoenas any person for a January 13, 2011 hearing, any party or nonparty in receipt of said subpoena need not reply, either by complying or moving to quash the subpoena, as there is no hearing in this matter scheduled for that date. DATED: December 22, 2010.

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