DeMartini, et al. v. DeMartini, et al.

Filing 116

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/12/2016: The hearing date of November 16, 2016 is vacated; plaintiffs motion to quash subpoena (ECF No. 111) is granted; the Clerk of Court is directed to issue no further subpoenas upon reque st of defendants absent further order of the court. Defendants may, by motion, request issuance of a subpoena. A subpoena shall not issue absent a showing of good cause. Defendants are cautioned that serving any further subpoenas without permission of this court shall result in a recommendation that their answer be stricken and that their counterclaim be dismissed. (Owen, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY DEMARTINI, et al.,

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No. 2:14-cv-2722 JAM CKD PS

Plaintiffs,
v.

ORDER

MICHAEL DEMARTINI, et al.,

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Defendants.

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Plaintiffs have noticed for hearing on shortened time a motion to quash a subpoena of

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legal counsel and an environmental firm. Because oral argument is not of material assistance, this

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matter is submitted on the briefs. E.D. Cal. L.R. 230(g). Upon review of the documents

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submitted in support and opposition, and good cause appearing therefor, THE COURT FINDS

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AS FOLLOWS:

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Defendants have served a subpoena for deposition of Mark Gilmartin and Environmental

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Audit, Inc. to take place on November 18, 2016. The subpoenaed attorney and environmental

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firm are involved in litigation unrelated to the present action. Defendants make no showing

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justifying the subject depositions. The motion to quash will therefore be granted.

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Defendants have engaged in a flurry of serving subpoenas for deposition in this action

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which have no justifiable basis. The court finds that defendants have abused the subpoena

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process. Defendants’ subpoena power will therefore be limited.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing date of November 16, 2016 is vacated.

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2. Plaintiffs’ motion to quash subpoena (ECF No. 111) is granted.

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3. The Clerk of Court is directed to issue no further subpoenas upon request of defendants

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absent further order of the court. Defendants may, by motion, request issuance of a subpoena. A

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subpoena shall not issue absent a showing of good cause. Defendants are cautioned that serving

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any further subpoenas without permission of this court shall result in a recommendation that their

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answer be stricken and that their counterclaim be dismissed.

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Dated: November 12, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 demartini2722.qua.lim

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