Roberts v. Snohomish County et al
Filing
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ORDER denying plaintiff's 24 Motion for Discovery; denying plaintiff's 26 Motion to Amend; granting defendants' 31 Motion to Quash Subpoena by Hon. James P. Donohue.**3 PAGE(S), PRINT ALL**(Joe Roberts, Prisoner ID: 394089)(RS)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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JOE J.W. ROBERTS, JR.,
Plaintiff,
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v.
SNOHOMISH COUNTY, et al.,
Defendants.
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Case No. C16-1464-TSZ-JPD
ORDER DENYING PLAINTIFF’S
MOTIONS FOR DISCOVERY AND
FOR LEAVE TO AMEND AND
GRANTING DEFENDANTS’ MOTION
TO QUASH SUBPOENA
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This is a civil rights action brought under 42 U.S.C. § 1983. This matter comes before
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the Court at the present time on plaintiff’s motions for discovery and for leave to amend his
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complaint, and on defendants’ motion to quash plaintiff’s subpoena duces tecum. The Court,
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having reviewed the pending motions, and the balance of the record, hereby finds and ORDERS
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as follows:
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(1)
Plaintiff’s motion for discovery (Dkt. 24) is DENIED. Plaintiff indicates in his
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motion that he is seeking discovery of “all evidence” under Rule 26(a)(1)(A) of the Federal
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Rules of Civil Procedure. Rule 26(a)(1)(A) is a provision of the federal discovery rules which
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requires a party to make certain initial disclosures without awaiting a discovery request.
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However, Rule 26(a)(1)(B)(iv) specifically exempts from the initial disclosure requirement
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ORDER DENYING PLAINTIFF’S MOTIONS FOR
DISCOVERY AND FOR LEAVE TO AMEND - 1
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actions brought without an attorney by a person in the custody of a state or a state subdivision.
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Given that plaintiff is unrepresented, and is currently in the custody of the State of Washington,
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the initial disclosure requirements of Rule 26(a)(1)(A) simply do not apply. As plaintiff was
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previously advised, if he wishes to obtain discovery from Snohomish County, or any of the
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individual defendants, he must direct a discovery request to the appropriate defendant in
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accordance with the discovery rules set forth in the Federal Rules of Civil Procedure. See Fed.
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R. Civ. P. 27-36.
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(2)
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Plaintiff’s motion for leave to amend his complaint (Dkt. 26) is DENIED.
Plaintiff asks that he be permitted to amend his complaint a second time, asserting that he had
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insufficient time to properly prepare his first amended complaint which is currently the operative
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complaint in this action. However, plaintiff failed to submit with his motion a proposed
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amended complaint. A motion to amend must be accompanied by a proposed amended
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complaint before it will be considered by the Court. If plaintiff wishes to pursue amendment of
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his complaint, he may file a new motion to amend and submit in conjunction with that motion a
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proposed amended complaint which clearly identifies each of the intended defendants, the
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federal constitutional right(s) allegedly violated by the conduct of each defendant, the facts
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which he believes support each alleged constitutional violation, and the relief being requested.
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(3)
Defendants’ motion to quash plaintiff’s subpoena duces tecum (Dkt. 31) is
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GRANTED. Defendants indicate in their motion that they received a subpoena from plaintiff on
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December 22, 2016 demanding that specified documents be produced by defendants at plaintiff’s
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current place of incarceration in Connell, Washington on January 2, 2017. (See Dkt. 31at 1 and
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Dkt. 32, Ex. A.) Defendants argue that the subpoena should be quashed because plaintiff
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ORDER DENYING PLAINTIFF’S MOTIONS FOR
DISCOVERY AND FOR LEAVE TO AMEND - 2
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demanded production of documents at a location that is not within 100 miles of defendants, and
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because plaintiff has not allowed a reasonable time to comply with the subpoena. Defendants
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arguments are well taken and do, in fact, require that the subpoena be quashed or modified. See
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Fed. R. Civ. P. 45(d)(3). While the Court could perhaps modify the date by which defendants
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would be required to comply with the subpoena, it can do nothing about the distance which
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separates the parties. Moreover, plaintiff has other more appropriate and efficient mechanisms
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through which he should be able to obtain the desired discovery. See Fed. R. Civ. P. 34.
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Accordingly, the Court deems it appropriate to quash the subpoena.
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(4)
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Thomas S. Zilly.
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The Clerk is directed to send copies of this Order to plaintiff and to the Honorable
DATED this 13th day of February, 2017.
A
JAMES P. DONOHUE
Chief United States Magistrate Judge
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ORDER DENYING PLAINTIFF’S MOTIONS FOR
DISCOVERY AND FOR LEAVE TO AMEND - 3
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