Awadan et al v. Reebok Corporate Headquarter

Filing 34

ORDER signed by Magistrate Judge Allison Claire on 8/6/18 ORDERING plaintiffs request for a subpoena (ECF No. 33 ) is DENIED without prejudice to any proper request to the Clerk of Court. The Clerk of the Court is directed to provide plaintiff a signed but otherwise blank subpoena duces tecum form with this order. See Fed. R. Civ. P. 45(a)(3(Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAINAZ AWADAN,

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No. 2:17-cv-01148-KJM-AC (PS)

Plaintiff,
v.

ORDER

REEBOK CORPORATE
HEADQUARTER,
Defendant.

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This matter is before the undersigned pursuant to Local Rule 302(c)(21). On July 30,

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2018, plaintiff filed a “Request for Subpoena,” seeking two subpoenas: one for the defendant and

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another for Vacaville Police Department Officer Roger Canady. ECF No. 33 at 1. As a

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preliminary matter, the court informs plaintiff that she does not need a subpoena to obtain

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documents from defendant; instead, she must use the discovery tools available to her in Fed. R.

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Civ. P. 34(a).

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As to the subpoena for Officer Canady, plaintiff must direct her inquiry to the Clerk of

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Court. A non-party may be compelled to produce documents for inspection and copying pursuant

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to a subpoena duces tecum. See Fed. R. Civ. P. 34(c), 45(a). In order to do this, plaintiff must fill

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out subpoena forms and ensure that each person is served with the subpoena by a non-party. Fed.

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R. Civ. P. 45(b). If a person’s attendance is required, plaintiff must tender to each person “the
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fees for one day’s attendance and the mileage allowed by law.” Fed R. Civ. P. 45(b)(1). The

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current requisite fee for each person is forty dollars per day, 28 U.S.C. § 1821(b).

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Accordingly, IT IS HEREBY ORDERED plaintiff’s request for a subpoena (ECF No. 33)

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is DENIED without prejudice to any proper request to the Clerk of Court. The Clerk of the Court

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is directed to provide plaintiff a signed but otherwise blank subpoena duces tecum form with this

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order. See Fed. R. Civ. P. 45(a)(3).

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DATED: August 6, 2018

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