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Barkley v. California Correctional Health Care Services

United States District Court, E.D. California

May 2, 2017

JERMAINE BARKLEY, Plaintiff,
v.
CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, et al., Defendants.

          ORDER

          CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

         The discovery deadline in this pro se prisoner civil rights action is July 7, 2017. (ECF No. 26.) Plaintiff has requested a six-month extension of time to complete discovery, as he currently does not have access to the records pertaining to this case. (ECF No. 28.) Defendants have not opposed the motion. While the court declines to extend the pretrial deadlines by a full six months, good cause appearing, the schedule will be extended by three months.

         Plaintiff has also filed a motion to modify a subpoena seeking his prison medical records and health care appeals from January 1, 2015 to the present. (ECF No. 27.) Plaintiff requests that the subpoena be limited to records dating from April 21, 2015 to March 11, 2016, the period of time described in the complaint. He also asks that the subpoena be modified to omit the request for “Any and all communications sent to or received from Jermaine Barkley.” (See ECF No. 27 at 4.) //// “Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense. . . . Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” Fed.R.Civ.P. 26(b)(1). Evidence is relevant if it has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed.R.Evid. 401. The court must limit discovery when “the burden or expense of the proposed discovery outweighs its likely benefit.” Fed.R.Civ.P. 26(b)(2)(C)(iii). The court may also limit the extent of discovery to protect a party or person from annoyance, embarrassment, oppression, undue burden or other improper purposes. Fed.R.Civ.P. 26(c)(1), 26(g)(1)(B)(ii).

         A nonparty may be compelled to produce documents and tangible things via a Rule 45 subpoena. Fed.R.Civ.P. 34(c). Rule 45 permits a party to issue a “subpoena commanding the person to whom it is directed to attend and give testimony or to produce and permit inspection of designated records or things.” Fed.R.Civ.P. 45(a)(1)(C). The recipient may object to a subpoena, or move to quash or modify it. Fed.R.Civ.P. 45(c)(2), 45(c)(3). “[T]he court that issued the subpoena ... can entertain a motion to quash or modify a subpoena.” S.E.C. v. CMKM Diamonds, Inc., 656 F.3d 829, 832 (9th Cir. 2011). The issuing court must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts *643 business in person-except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held;
(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv) subjects a person to undue burden.

Fed. R. Civ. P. 45(c)(3)(A).

         Additionally, the issuing court may quash or modify a subpoena if it requires:

(i) disclosing a trade secret or other confidential research, development, or commercial information;
(ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or
(iii) a person who is neither a party nor a party's officer to incur substantial expense to travel more than 100 ...

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