Davis v. San Diego District Attorney et al

Filing 67

ORDER Denying 42 Request for Rule 45 Subpoena/Request for Relief Via Declaratory Decree. Signed by Magistrate Judge Bernard G. Skomal on 3/5/2018. (All non-registered users served via U.S. Mail Service)(mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GAVIN B. DAVIS,

Case No.: 17CV654 JLS (BGS)
Plaintiff,

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v.

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ORDER DENYING REQUEST FOR
RULE 45 SUBPOENA / REQUEST
FOR RELIEF VIA DECLARATORY
DECREE

SAN DIEGO DISTRICT ATTORNEY,
MR. LEONARD TRINH,

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Defendants.

[ECF No. 42]

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Plaintiff Gavin B. Davis has filed a request for a Federal Rule of Civil Procedure

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45 subpoena / request for relief via declaratory decree. [ECF 42] He seeks issuance of a

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“broad subpoena of all communications between any of the Defendants . . . and the Clark

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County District Attorney’s Office.” (Id. at 14, Section C, Request for Relief.)

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“[S]upoenas under Rule 45 are discovery, and must be utilized within the time

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period permitted for discovery in a case.” See Integra Lifesciences I, Ltd. V. Merck

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KGaA, 190 F.R.D. 556, 561 (S.D. Cal. 1999) (collecting cases). As the Court explained

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in its July 14, 2017 Order denying issuance of a subpoena on a different issue, the Court

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has not issued a case management order allowing discovery to commence because the

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case is still at the motion to dismiss stage and the pleadings are not settled. (ECF 35.) A

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motion to dismiss Plaintiff’s Second Amended Complaint has recently been granted.
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17CV654 JLS (BGS)

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(ECF 66.) If this case survives the motion to dismiss stage, the Court will set a Case

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Management Conference and, after consulting with counsel for Defendants and Plaintiff,

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issue an appropriate scheduling order governing, among other matters, appropriate

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discovery.

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Plaintiff’s request for issuance of a Rule 45 subpoena is DENIED.

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IT IS SO ORDERED.
Dated: March 5, 2018

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17CV654 JLS (BGS)