Mendez v. Fiesta Del Norte Home Owners Association et al

Filing 92

ORDER that Plaintiff's 90 Third Motion for Issuance of Subpoena is Granted to the extent that the Clerk of Court shall issue a blank supoena on form AO 88A and mail it to Plaintiff. To the extent Plaintiff requests any relief other than issuance of a blank subpoena that request is Denied. Signed by Magistrate Judge Nancy J. Koppe on 1/5/2016. (Copies have been distributed pursuant to the NEF - subpoena mailed to Plaintiff - SLD)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
IRMA MENDEZ,
11
Plaintiff,
12 vs.
13 FIESTA DEL NORTE HOME OWNERS
ASSOCIATION, et al.,
14
Defendants.
15
16

)
)
)
)
)
)
)
)
)
)

Case No. 2:15-cv-00314-RCJ-NJK
ORDER
(Docket No. 90)

Pending before the Court is Plaintiff Irma Mendez’s third motion for the issuance of a subpoena.

17 Docket No. 90. For the reasons discussed below, Plaintiff’s motion is hereby GRANTED.
18

Rule 45 of the Federal Rules of Civil Procedure governs the issuance of subpoenas to non-

19 parties. Such subpoenas may issue from the Court, signed by the Court Clerk or an attorney authorized
20 to practice before the Court. Fed. R. Civ. P. 45(a)(3). Pro se litigants need the Court Clerk to issue a
21 subpoena. Alcon v. Bright, 2015 WL 5559896, at *2 (N.D. Cal. Sept. 18, 2015). In accordance with
22 Rule 45(a)(3), “[t]he clerk must issue a subpoena, signed but otherwise in blank, to a party who requests
23 it[, and ] that party must complete it before service.” Fed. R. Civ. P. 45(a)(3).
24

Here, Plaintiff seeks to subpoena one non-party: BAC Home Loans Servicing. Accordingly, the

25 Court “will grant [Plaintiff’s] request [for issuance of a subpoena] and direct the Clerk of Court to issue
26 the subpoena in blank and [send] it to Plaintiff to fill out.” Banks v. Joyce, 2014 WL 7330938, at *1 (D.
27 Nev. Dec. 19, 2014) (Leen, M.J.). “This practice is not uncommon in this district.” Antonetti v. Neven,
28 2014 WL 1089661, at *2 (D. Nev. Mar. 18, 2014) (citing McCurdy v. N. Las Vegas Officer Johnson,

1 No. 08-cv-1767-JAD-PAL (Docket No. 84 at 5-6) (D. Nev. Aug. 23, 2013) (Leen, M.J.) (ordering the
2 Clerk of Court to “issue a subpoena duces tecum and send it to the Plaintiff who shall describe the
3 documents he is requesting and serve it on [opposing] counsel”). Plaintiff is advised that she must
4 comply fully with Rule 45. Banks, 2014 WL 7330938, at *1 (D. Nev. Dec. 19, 2014) (telling pro se
5 Plaintiff to carefully read the same).1
6

IT IS SO ORDERED:

7

1.

8

Plaintiff’s motion (Docket No. 90) is GRANTED to the extent that the Clerk of Court
shall issue a blank subpoena on form AO 88A, and mail it to Plaintiff.

9

2.

10

To the extent Plaintiff requests any relief other than the issuance of a blank subpoena,
that request is DENIED.

11
DATED: January 5, 2016.

12
13

______________________________________
NANCY J. KOPPE
United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
1

The Court expresses no opinion as to whether the subpoena requested is appropriate and/or timely.
Nothing in this shall order be construed as preventing the subpoena recipient from filing any motions it
28 deems appropriate.
27

2