Ammons v. State of Washington Department of Social and Health Services et al

Filing 24

ORDER on STIPULATION re 23 Issuance of Subpoena to Take the Deposition of Federal Employee Mary C. Rutherford, signed by Judge Ronald B. Leighton. (DN)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 petition the Court for the issuance of a subpoena for the deposition of Mary C. Rutherford. The basis for this Petition is as follows: The Honorable Ronald B. Leighton UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CRYSTAL AMMONS, Plaintiff, v. STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES; NORM WEBSTER, individually and in his official capacity acting under color of state law; and MARY LAFOND, individually and in her official capacity acting under color of state law, Defendants. I. STIPULATION NO. C08 5548 RBL STIPULATED PETITION AND ORDER FOR ISSUANCE OF SUBPOENA TO TAKE THE DEPOSITION OF A FEDERAL EMPLOYEE

Pursuant to Fed. R. Civ. P. 29 and 30, Defendants State of Washington, Department of Social and Health Services, Norm Webster and Mary LaFond, by and through their attorneys of record, and Plaintiff Crystal Ammons, by and through her attorneys of record, and hereby

STIPULATED PETITION AND ORDER FOR ISSUANCE OF SUBPOENA TO TAKE THE DEPOSITION OF A FEDERAL EMPLOYEE

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Mary C. Rutherford may have knowledge relevant to the above-captioned lawsuit. The parties have agreed to schedule Ms. Rutherford's deposition for 9:00 a.m. on July 21, 2009, at the Office of the Attorney General in Tacoma, Washington. Ms. Rutherford is an employee of the United States, Department of the Army, stationed at Madigan Army Medical Center. Pursuant to 32 C.F.R. 97.6(c), 516.35 and 516.40, the Army must authorize the appearance of its personnel for testimony in private litigation and cannot do so unless the subpoena for said testimony is signed by a judge or court of competent jurisdiction. See, e.g., Doe v. DiGenova, 779 F.2d 74 (D.C. Cir. 1985). Ms. Rutherford's testimony is thus not available for compulsory process except by issuance of a subpoena issued by a judge or court of competent jurisdiction. Ms. Rutherford is willing to appear for her deposition on the date and time noted above provided that the Court issues the subpoena requested herein. The parties thus respectfully request that the Honorable Ronald B. Leighton execute a subpoena for the deposition of Ms. Rutherford at 9:00 a.m. on July 21, 2009, at the Office of the Attorney General in Tacoma, Washington. An unsigned copy of the requested subpoena is attached hereto as Exhibit A. Defendants will serve Ms. Rutherford with a signed copy of the subpoena upon receipt.

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DATED this 10th day of July, 2009. ROBERT M. MCKENNA Attorney General /s/Ian M. Bauer PATRICIA C. FETTERLY, WSBA No. 8425 IAN M. BAUER, WSBA No. 35563 Assistant Attorneys General Attorneys for Defendants HAGENS BERMAN SOBOL SHAPIRO LLP /s/David P. Moody DAVID P. MOODY, WSBA No. 22853 ANTHONY D. SHAPIRO, WSBA No. 12824 MARTIN D. MCLEAN, WSBA No. 33269 Attorneys for Plaintiff

STIPULATED PETITION AND ORDER FOR ISSUANCE OF SUBPOENA TO TAKE THE DEPOSITION OF A FEDERAL EMPLOYEE

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /s/David P. Moody DAVID P. MOODY, WSBA No. 22853 ANTHONY D. SHAPIRO, WSBA No. 12824 MARTIN D. MCLEAN, WSBA No. 33269 Attorneys for Plaintiff Approved for Entry: HAGENS BERMAN SOBOL SHAPIRO LLP Presented by: ROBERT M. MCKENNA Attorney General /s/Ian M. Bauer PATRICIA C. FETTERLY, WSBA No. 8425 IAN M. BAUER, WSBA No. 35563 Assistant Attorneys General Attorneys for Defendants II. ORDER

Based upon the foregoing Stipulation, it is so Ordered. DATED this 13th day of July, 2009.

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RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

STIPULATED PETITION AND ORDER FOR ISSUANCE OF SUBPOENA TO TAKE THE DEPOSITION OF A FEDERAL EMPLOYEE

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