A.T. v. Everett School District et al
ORDER granting defendants' Ex Parte 34 Motion for issuance of a subpoena signed by Judge James L. Robart. (Attachments: # 1 subpoena)(RS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C16-1536JLR
ORDER GRANTING EX PARTE
MOTION FOR ISSUANCE OF A
EVERETT SCHOOL DISTRICT, et
Before the court is Defendants Everett School District, Carol Whitehead, and
Craig Verver’s (collectively, “Defendants”) ex parte motion for the issuance of a
subpoena to Nyles Salmond, who is located in Texas. (See Mot. (Dkt. # 34) at 1.) Under
Federal Rule of Civil Procedure 45, the Clerk of Court “must issue a subpoena . . . to a
party who requests it,” Fed. R. Civ. P. 45(a)(3), and the subpoena “must issue from the
court where the action is pending,” Fed. R. Civ. P. 45(a)(2). Having reviewed
Defendants’ motion, the Declaration of Haley E. Moore in support of the motion (Moore
ORDER - 1
Decl. (Dkt. # 35)), the relevant portions of the record, and the applicable law, the court
GRANTS Defendants’ motion (Dkt. # 34) without prejudice to Plaintiff A.T. seeking to
quash the subpoena or other relief in the appropriate judicial district. See Fed. R. Civ. P.
45(d)(3) (stating that “the court for the district where compliance is required” is to
address quashing or modifying a subpoena). The Clerk of Court SHALL issue the
subpoena attached to the Declaration of Haley E. Moore as Exhibit B (Dkt. # 35-1).
Dated this 22nd day of August, 2017.
JAMES L. ROBART
United States District Judge
ORDER - 2
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