Belyew v. Lorman et al

Filing 175

ORDER signed by District Judge Daniel J. Calabretta on 2/6/2024 DENYING 173 Motion to Compel. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA MARIE PEREZ, formerly known as
LISA MARIE BELYEW,
Plaintiff,
v.

No. 2:17-cv-00723-DJC-CKD

ORDER

LARRY LORMAN,
Defendant.

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Plaintiff has filed a Motion to Enforce subpoenas issued to Joshua Fitch for his

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testimony and his production of colored booking photographs from her arrest. (ECF

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No. 173.) This Motion was submitted before, but docketed after, the Court’s Order,

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(ECF No. 171), quashing the same subpoenas pursuant to Defendant’s Motion to

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Quash, (ECF No. 162). As the Court explained in its order and during the status

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conference held on January 31, 2024, the Court does not have the power to enforce

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these subpoenas because Plaintiff failed to comply with Federal Rule of Civil

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Procedure 45. Plaintiff did not provide notice to Defendants before serving the

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subpoena for the production of documents as required under Rule 45(a)(4), and did

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not provide proof of service on the subpoenaed individual as required by Rule

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45(b)(4). Moreover, the individual subpoenaed is not the proper custodian of record

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for the documents requested. Accordingly, the Motion is DENIED.
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For the above reasons, IT IS HEREBY ORDERED that Plaintiff’s Motion, ECF No.
173, is DENIED.

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Dated: February 6, 2024

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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