Nuno Velasco v. Baker et al

Filing 37

ORDER granting Respondents' 31 Emergency Motion to Quash Subpoenas; directing Clerk to serve this order on the following entities (see order for details; mailed 5/8/2015). Signed by Judge Miranda M. Du on 5/8/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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JUAN ALFONSO NUNO VELASCO,

Case No. 3:13-cv-00431-MMD-VPC

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Petitioner,
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ORDER

v.
RENEE BAKER, et al.,

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Respondents.

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On March 27, 2015, this Court entered an order granting petitioner leave to

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conduct discovery, including leave to serve subpoenas on various entities. (Dkt. no. 29.)

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In response, respondents filed a motion for reconsideration or, in the alternative, motion

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to stay discovery pending resolution of a petition for writ of mandamus in the Ninth

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Circuit. (Dkt. no. 30.) That motion was followed two days later by an emergency motion

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to quash subpoenas. (Dkt. no. 31.)

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The subpoenas are directed at six (6) law enforcement agencies in Nevada and

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California and request, in essence, any information the agency may possess that

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relates to the petitioner’s case. A decision on respondents’ motion for reconsideration is

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forthcoming. In the meantime, the potential for prejudice to the petitioner is outweighed

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by the hardship imposed on the parties subject to the subpoenas. Therefore, the

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subpoenas issued by the petitioner on March 30, 2015, shall be quashed pending

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resolution of respondents’ motion for reconsideration (dkt. no. 30).

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It is ordered that the respondents’ emergency motion to quash subpoenas (dkt.
no. 31) is granted.

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It is further order that the Clerk of the Court shall serve this order on the following
entities:
Fresno County Sheriff’s Office
2200 Fresno St.
Fresno, CA 93721
Merced County Sheriff’s Department
700 W. 22nd St.
Merced, CA 95340
Merced County Coroner’s Office
700 W. 22nd St.
Merced, CA 95340
Reno Police Department
455 E. 2nd St.
Reno, NV 89502
Washoe County Sheriff’s Office
911 Parr Blvd.,
Reno, NV 89512
Washoe County Sheriff’s Office
Forensic Science Division
911 Parr Blvd.,
Reno, NV 89512
DATED THIS 8th day of May 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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