Benyamini v. Blackburn et al

Filing 115

ORDER signed by Magistrate Judge Allison Claire on 10/4/2017 DENYING 113 Motion to Supplement and DENYING 114 Motion Requesting Service of Subpoenas. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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Plaintiff,

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No. 2:13-cv-0205 MCE AC P

v.

ORDER

M. BLACKBURN, et al.,

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Defendants.

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Plaintiff has filed a motion requesting service of subpoenas upon defendants in

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preparation for trial (ECF No. 114) and a motion to supplement the motion with copies of the

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subpoenas (ECF No. 113).
The motion to supplement will be denied because the court is in possession of the

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subpoenas and finds no reason to file them in this case. Upon review of the subpoenas, the

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motion for court ordered service of the subpoenas will also be denied. The subpoenas submitted

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by plaintiff seek to obtain the mental health records for defendants Marzan and Blackburn. Not

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only does plaintiff fail to establish that the requested records are sufficiently relevant to this

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action to warrant the disclose of such sensitive information, but discovery in this case has been

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closed for nearly three years (see ECF No. 44 (granting final extension of discovery deadline)).

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Plaintiff may not evade this deadline through the use of supboenas.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion requesting service of

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subpoenas (ECF No. 114) and motion to supplement (ECF No. 113) are DENIED.

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DATED: October 4, 2017

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