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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 A.T., CASE NO. C16-1536JLR Plaintiff, 11 v. 12 13 ORDER GRANTING EX PARTE MOTION FOR ISSUANCE OF A SUBPOENA EVERETT SCHOOL DISTRICT, et al., 14 Defendants. 15 Before the court is Defendants Everett School District, Carol Whitehead, and 16 Craig Verver’s (collectively, “Defendants”) ex parte motion for the issuance of a 17 subpoena to Nyles Salmond, who is located in Texas. (See Mot. (Dkt. # 34) at 1.) Under 18 Federal Rule of Civil Procedure 45, the Clerk of Court “must issue a subpoena . . . to a 19 party who requests it,” Fed. R. Civ. P. 45(a)(3), and the subpoena “must issue from the 20 court where the action is pending,” Fed. R. Civ. P. 45(a)(2). Having reviewed 21 Defendants’ motion, the Declaration of Haley E. Moore in support of the motion (Moore 22 ORDER - 1 1 Decl. (Dkt. # 35)), the relevant portions of the record, and the applicable law, the court 2 GRANTS Defendants’ motion (Dkt. # 34) without prejudice to Plaintiff A.T. seeking to 3 quash the subpoena or other relief in the appropriate judicial district. See Fed. R. Civ. P. 4 45(d)(3) (stating that “the court for the district where compliance is required” is to 5 address quashing or modifying a subpoena). The Clerk of Court SHALL issue the 6 subpoena attached to the Declaration of Haley E. Moore as Exhibit B (Dkt. # 35-1). 7 Dated this 22nd day of August, 2017. 8 9 A 10 JAMES L. ROBART United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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