A.T. v. Everett School District et al

Filing 36

ORDER granting defendants' Ex Parte 34 Motion for issuance of a subpoena signed by Judge James L. Robart. (Attachments: # 1 subpoena)(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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A.T.,

CASE NO. C16-1536JLR
Plaintiff,

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v.
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ORDER GRANTING EX PARTE
MOTION FOR ISSUANCE OF A
SUBPOENA

EVERETT SCHOOL DISTRICT, et
al.,

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Defendants.

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Before the court is Defendants Everett School District, Carol Whitehead, and
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Craig Verver’s (collectively, “Defendants”) ex parte motion for the issuance of a
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subpoena to Nyles Salmond, who is located in Texas. (See Mot. (Dkt. # 34) at 1.) Under
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Federal Rule of Civil Procedure 45, the Clerk of Court “must issue a subpoena . . . to a
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party who requests it,” Fed. R. Civ. P. 45(a)(3), and the subpoena “must issue from the
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court where the action is pending,” Fed. R. Civ. P. 45(a)(2). Having reviewed
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Defendants’ motion, the Declaration of Haley E. Moore in support of the motion (Moore
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ORDER - 1

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Decl. (Dkt. # 35)), the relevant portions of the record, and the applicable law, the court

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GRANTS Defendants’ motion (Dkt. # 34) without prejudice to Plaintiff A.T. seeking to

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quash the subpoena or other relief in the appropriate judicial district. See Fed. R. Civ. P.

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45(d)(3) (stating that “the court for the district where compliance is required” is to

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address quashing or modifying a subpoena). The Clerk of Court SHALL issue the

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subpoena attached to the Declaration of Haley E. Moore as Exhibit B (Dkt. # 35-1).

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Dated this 22nd day of August, 2017.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2