Harrell v. Walmart et al

Filing 137

ORDER signed by Magistrate Judge Allison Claire on 8/23/19 DENYING 125 , 127 Motions for Extension of time as moot. DENYING 135 Motion for subpoenas duce tecum for lack of jurisdiction. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA NEIL HARRELL,

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No. 2:15-cv-00576 JAM AC PS

Plaintiff,
v.

ORDER

MICHELLE BELYEA,
Defendant.

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Plaintiff is proceeding in this matter pro se, and accordingly this motion was referred to

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the undersigned pursuant to Local Rule 302(c)(21). This order addresses plaintiff’s post-appeal

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motion for subpoenas duces tecum (ECF No. 135) and two now-moot motions for extensions of

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time that remain pending on the court’s docket (ECF Nos. 125, 127).

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On February 13, 2019, the undersigned issued findings and recommendations in this case

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recommending that defendant’s motion for summary judgment be granted. ECF No. 120. On

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March 11, 2019, plaintiff filed objections to the findings and recommendations, but on March 27,

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2019, he also moved for an extension of time to file objections and simultaneously filed

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additional objections. ECF Nos. 122, 125, 126. On April 8, 2019, plaintiff moved for an

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extension of time to reply to defendant’s response to his objections; and on April 25, 2019,

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without a ruling on the motion, he filed said reply. ECF Nos. 127, 129. Plaintiff’s March 27,

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2019 and April 8, 2019 motions for extensions of time are therefore denied as moot.

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On May 17, 2019, the court adopted the undersigned’s findings and recommendations,

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granted defendant’s motion for summary judgment, and issued judgment closing the case. ECF

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Nos. 130, 131. Plaintiff appealed the court’s judgment on July 15, 2019. ECF No. 132. On

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August 5, 2019, plaintiff filed a motion for subpoenas duces tecum, seeking documents he intends

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to use to support his appeal. ECF No. 135. One of the requested subpoenas is directed toward

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defendant and seeks “A Complete copy of the records of the Courts [sic] file . . . .” Id. at 3.

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Defendant opposes the motion. ECF No. 136.

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The filing of a notice of appeal confers jurisdiction on the court of appeals and divests the

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district court of its jurisdiction over aspects of the case involved in the appeal. Rodriguez v. Cty.

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of Los Angeles, 891 F.3d 776, 790 (9th Cir. 2018). None of the limited exceptions to the

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divestiture rule apply here. The filing of plaintiff’s notice of appeal divested the court of

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jurisdiction to issue the subpoenas, and plaintiff’s motion must therefore be denied. Moreover,

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discovery closed over one year ago, and defendant is under no obligation to produce any further

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documents, much less the entire court record in this case.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions for extensions of time (ECF Nos. 125, 127) are DENIED as moot;

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and
2. Plaintiff’s motion for subpoenas duces tecum (ECF No. 135) is DENIED for lack of
jurisdiction.
DATED: August 23, 2019

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