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Clevenger v. Dresser

United States District Court, N.D. California

June 19, 2017

TY CLEVENGER, Plaintiff,
v.
GREGORY P. DRESSER, et al., Defendants.

          ORDER SETTING HEARING ON MOTION TO CLARIFY RECORD, CROSS-MOTION FOR DISCOVERY, AND MOTION TO DISMISS

          WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

         At the hearing on June 1 on plaintiff Ty Clevenger's motion for a temporary restraining order and preliminary injunction, Attorney Suzanne Grandt for defendant State Bar of California had this exchange with the undersigned judge (Dkt. No. 23 at 18:16-20:17):

Ms. Grandt: Any argument [plaintiff] is making [here] he can make in state bar court. . . .
The Court: Can he subpoena witnesses at the state bar?
Ms. Grandt: Can he subpoena witnesses? Yes. He can do that. He can bring all these arguments in state bar court. There is no reason to be in federal court -
The Court: He could subpoena in the state bar court all these people and find out if the blog post had anything to do with it?
Ms. Grandt: Yes. And he can do that in state bar court if he wants to. . . .
The Court: Wait. I want to make - Ms. Grandt, I want to make it very clear.
Ms. Grandt: Yes.
The Court: You're telling me that in the state bar court, he will be allowed to subpoena Mr. Dresser and all the other people that he wants to try to show that the whole thing is cooked up in retaliation for the First Amendment blog posts?
Ms. Grandt: Correct. And there is case law that says his a - all his arguments are - he can bring up in state bar court. . . .
The Court: He can make those arguments, and some judge is going to rule on it?
Ms. Grandt: Correct.

         In short, the undersigned judge asked very specifically about Attorney Grandt's representation “that plaintiff will be able to take all the discovery necessary or that he wishes [and] will have a fair opportunity in the state bar court to subpoena appropriate people to show that he's being retaliated against” (id. at ...


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