The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER GRANTING PLAINTIFF'S MOTION TO QUASH SECOND SUBPOENA IN PART ORDER MODIFYING SUBPOENA ISSUED BY DEFENDANT MARCH 12, 2010
On March 31, 2010, Timothy Crayton, ("Plaintiff") filed a Motion to Quash a Subpoena issued by Defendant Rochester Medical Corporation ("Defendant") on March 12, 2010. (Doc. 152). The subpoena was directed to Warden Harrington at the Kern Valley State Prison and requested evidence relating to the Ultraflex Silicone External Male Catheter used by Plaintiff. Defendant filed an opposition to Plaintiff's motion on April 21, 2010. (Doc. 163). Plaintiff did not file a reply. Upon a review of all of the pleadings, Plaintiff's Motion to Quash is GRANTED IN PART.
Plaintiff is a wheelchair paralytic who is an inmate at Kern Valley State Prison. The matter arises from Plaintiff's allegations that he was injured when he used an Ultraflex Silicone Self-Adhering Male External Catheter ("Ultraflex Catheter") manufactured by Defendant. In an Amended Complaint filed on September 10, 2008, Plaintiff alleges causes of action for strict products liability, negligent products liability, fraudulent misrepresentations, and breach of implied warranty of fitness. (Doc. 34).
There have been numerous discovery disputes in this case. The most recent dispute relates to an order issued by this Court on January 22, 2010, wherein the Court extended the non-expert discovery deadline for the limited purpose of allowing the parties to "utilize the appropriate discovery devices to obtain the product and [the] packaging." Doc. 108, pg. 5 at line 24-26.
In response to this order, Defendant issued a subpoena on February 25, 2010, to Mr. Harrison, Warden of the Kern Valley State Prison, in an attempt to get several items related to the catheter at issue in this case. Plaintiff filed a Motion to Quash this subpoena on March 15, 2010. (Doc. 145). Defendant withdrew the subpoena and the Court denied Plaintiff's Motion to Quash as moot. (Doc. 150).
Defendant issued another subpoena on March 12, 2010, again directed to Mr. Harrison, Warden of the Kern Valley State Prison ("Defendant's second subpoena"). This second subpoena requests the following items be produced by March 31, 2010:
The ultraflex silicone external condom catheter and/or all packaging related to Plaintiff Timothy Crayton at Kern Valley State Prison from 2005-2010.
The ultraflex male external catheter manufactured by Rochester Medical Corporation and/or it's [sic] packaging which Timothy Crayton claims caused him injury on or about 3/20/06 and which Timothy Crayton claims was confiscated and/or is being held by Kern Valley State Prison.
Plaintiff filed the instant Motion to Quash based on several reasons including: 1) the subpoena was not properly served and is therefore untimely, 2) the subpoena is overly broad and goes beyond the limitations set forth in this Court's January 22, 2010 order, and 3) the subpoena violates Plaintiff's privacy rights and unlawfully intrudes into Plaintiff's pro se attorney lawyer/client privilege information and work product confidentiality rights. In addition to quashing the subpoena, Plaintiff requests that the Court issue a subpoena that allows Plaintiff to personally inspect the boxes of his personal property and produce the items requested.