Hussein v. ERSEK et al

Filing 170

ORDER denying 122 Motion for Order to Show Cause why Sierra Biomedical Research Corporation should not be held in contemopt; and denying 146 plaintiff's emergency motion for contempt and enforcement of subpoena duces tecum. Signed by Magistrate Judge Valerie P. Cooke on 1/8/10. (Copies have been distributed pursuant to the NEF - DN)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA HUSSEIN S. HUSSEIN, ) ) Plaintiff, ) ) vs. ) ) ADELE ERSEK, et al., ) ) Defendants. ) ______________________________) PRESENT: 3:07-CV-0056-LRH (VPC) MINUTES OF THE COURT January 8, 2010

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE LISA MANN REPORTER: NONE APPEARING

DEPUTY CLERK:

COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING MINUTE ORDER IN CHAMBERS: Before the Court are plaintiff's emergency motion for order to show cause why Sierra Biomedical Research Corporation should not be held in contempt court for failure to comply with a subpoena duces tecum for production of documents (#122) and plaintiff's emergency motion for contempt and enforcement of subpoena duces tecum (#146). The Department of Veteran's Affairs ("DVA") filed a notice of intent to file a response to motion for order to show cause and motion for contempt (#147). Thereafter, the DVA filed its response (#155) and plaintiff replied (#160). Having reviewed the papers on file herein, and for good cause appearing, the court denies plaintiff's motion for order to show cause (#122) and motion for contempt (#146). Plaintiff, as a pro se litigant, is ineligible to issue a subpoena without the court's endorsement, and he failed to do so. Therefore, the subpoena is defective and unenforceable, and DVA has no obligation to respond to it. See Fed.R.Civ.P. 45(a)(3). DVA has also demonstrated that a validly promulgated regulation precludes DVA personnel from producing the requested records without prior written approval of DVA. See 38 C.F.R. § 14.806.This regulation applies to Sierra Biomedical Research Corporation, a private non-profit corporation established by DVA. 38 U.S.C. § 7361 et seq. Finally, the court finds that the documents requested are not relevant to plaintiff's only surviving claims of defamation against defendants Ersek and Laslo.

Based on the foregoing, plaintiff's motions (#122 and 146) are DENIED. IT IS SO ORDERED. LANCE S. WILSON, CLERK By: /s/ Deputy Clerk

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