Mejia v. N.Y.P.D. et al

Filing 279

ORDER: Plaintiff has submitted a letter asking the Court for permission to send subpoenas to third-party entities. Dkt. No. 278. Rule 45 of the Federal Rules of Civil Procedure governs subpoenas. Pursuant to Rule 45(a)(3), the Clerk of Court "must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service." Fed. R. Civ. P. 45(a)(3). A party does not need permission from the Court to issue a third-party su bpoena during discovery. Instead, Plaintiff should seek a subpoena from the Clerk of Court's office in accordance with Rule 45. The prior judge in this action, Judge Woods, gave similar advice at the January 31, 2020 conference in which he explained that "a party goes to the Clerk of Court here... to request a subpoena." Dkt. No. 255 at 32:20-22. If Plaintiff has additional questions regarding Rule 45 or seeks specific legal advice on how to proceed, he should contac t the New York Legal Assistance Group ("NYLAG") through its website at https://www.nysd.uscourts.gov/attorney/legal-assistance or by dialing 212-659 6190. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at 46 Westland Street, Methuen, MA 01844. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/3/2021) (va) Transmission to Docket Assistant Clerk for processing.

Case 1:16-cv-09706-LJL Document 279 Filed 03/03/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
RAMON I. MEJIA,
:
:
Plaintiff,
:
:
-v:
:
NEW YORK CITY HEALTH & HOSPITALS CORP., :
et al.,
:
:
Defendants.
:
:
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3/3/2021

16-cv-9706 (LJL)
ORDER

LEWIS J. LIMAN, United States District Judge:
Plaintiff has submitted a letter asking the Court for permission to send subpoenas to
third-party entities. Dkt. No. 278.
Rule 45 of the Federal Rules of Civil Procedure governs subpoenas. Pursuant to Rule
45(a)(3), the Clerk of Court “must issue a subpoena, signed but otherwise in blank, to a party
who requests it. That party must complete it before service.” Fed. R. Civ. P. 45(a)(3). A party
does not need permission from the Court to issue a third-party subpoena during discovery.
Instead, Plaintiff should seek a subpoena from the Clerk of Court’s office in accordance with
Rule 45. The prior judge in this action, Judge Woods, gave similar advice at the January 31,
2020 conference in which he explained that “a party goes to the Clerk of Court here . . . to
request a subpoena.” Dkt. No. 255 at 32:20-22.
If Plaintiff has additional questions regarding Rule 45 or seeks specific legal advice on
how to proceed, he should contact the New York Legal Assistance Group (“NYLAG”) through
its website at https://www.nysd.uscourts.gov/attorney/legal-assistance or by dialing 212-6596190.

Case 1:16-cv-09706-LJL Document 279 Filed 03/03/21 Page 2 of 2

The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at
46 Westland Street, Methuen, MA 01844.

SO ORDERED.

Dated: March 3, 2021
New York, New York

__________________________________
LEWIS J. LIMAN
United States District Judge

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