Linlor v. JPMorgan Chase & Co. et al

Filing 87

ORDER Denying 50 Plaintiff's Request for a Subpoena. Signed by Magistrate Judge Karen S. Crawford on 07/16/2018. (All non-registered users served via U.S. Mail Service)(ajs)

FIL,ED

1

~~

2
3

CLERK US DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
BY
DEPUTY

4
5

6
7

UNITED STATES DISTRICT COURT

8

SOUTHERN DISTRICT OF CALIFORNIA

9

10
11

JAMES LINLOR,
Plaintiff,

12
13

v.

14

CHASE BANKCARD SERVICES, INC.;
CHASE BANK USA, NA,

15
16

Case No.: 17cv5-WQH(KSC)
ORDER DENYING PLAINTIFF'S
REQUEST FOR A SUBPOENA
[Doc. No. 50]

Defendants.

17
18
19

Before the Court is plaintiffs Motion for Subpoena Under Rule 45 for Document

20 ·Production at Deposition of Defendants. [Doc. No. 50.] Plaintiff is proceeding in this
21

action prose. In his Motion for Subpoena Under Rule 45, plaintiff requests that the

22

Court issue "the attached subpoena duces tecum" pursuant to Rule 45, so that plaintiff

23

can serve the subpoena on counsel for defendants. Plaintiff states that the subpoena seeks

24

documents previously requested from defendants "almost 4 months ago under Rule 26"

25

that have not yet been produced. [Doc. No. 50, at p. 4.]

26

"Rule 45 of the Federal Rules of Civil Procedure governs discovery of non-parties

27

by subpoena. Fed. R. Civ. P. 45." Del Campo v. Kennedy, 236 F.R.D. 454, 457 (N.D.

28

Cal. 2006) (emphasis added). To the extent plaintiff seeks documents from defendants,
l 7cv5-WQH(KSC)

1

he must do so pursuant to Federal Rule of Civil Procedure 34, which states in part as

2

follows: "A party may serve on any other party a request within the scope of Rule 26(b ):

3

(1) to produce and permit the requesting party or its representative to inspect, [or] copy

4

... the following items in the responding party's possession, custody, or control: (A) any

5

designated documents .... " Fed.R.Civ.P. 34 (a)(l)(A). In other words, it is unnecessary

6

for the Court to issue a subpoena duces tecum, because plaintiff seeks production of

7

documents from defendants, who are parties to the action. To the extent plaintiff seeks

8

documents from defendants, he must do so by serving defendants' counsel with a Rule 34

9

request for production of documents. Accordingly, the Court finds that plaintiff's request

10
11
12

for the Court to issue "the attached" Rule 45 subpoena must be DENIED.
IT IS SO ORDERED.
Dated: July

}_f_, 2018

13

14

Hon.
United States Magistrate Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
17cv5-WQH(KSC)