Moak v. Sacramento County

Filing 36

ORDER signed by Magistrate Judge Kendall J. Newman on 07/21/16 ordering defendants request for reconsideration 33 is granted. The order granting plaintiffs motion to quash the subpoena issued to the Correctional Health Services (ECF No. 32 at 6:6-10 ( 1 only) is vacated. Plaintiffs motion to quash such subpoena 28 is denied.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREW MOAK,

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No. 2:15-cv-0640 MCE KJN P

Plaintiff,
v.

ORDER

SACRAMENTO COUNTY,
Defendant.

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On July 19, 2016, defendant filed a request for reconsideration of the undersigned’s order

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filed July 8, 2016, granting plaintiff’s motion to quash the subpoena served on Correctional

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Health Services. Defendant confirms that the subpoena was in fact served via electronic mail on

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the County of Sacramento’s Correctional Health Services, specifically to Bret Butler, who is the

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custodian of records for County of Sacramento jail inmate medical records. Defendant provided a

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declaration by the employee who served the subpoena, as well as a copy of plaintiff’s deposition

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testimony in which he expresses no objection to the production of such medical records from his

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housing at the jail. (ECF No. 33.)

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendant’s request for reconsideration (ECF No. 33) is granted;

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2. The order granting plaintiff’s motion to quash the subpoena issued to the Correctional

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Health Services (ECF No. 32 at 6:6-10 (¶ 1 only) is vacated; and

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3. Plaintiff’s motion to quash such subpoena (ECF No. 28) is denied.
Dated: July 21, 2016

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/moak0640.850

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