Andrews v. Ly

Summary

The court authorizes Plaintiff Donna Lee Andrews to pursue limited early discovery through a subpoena duces tecum to obtain current address and contact information for Defendant Kelly Vang Ly. The order directs the Clerk to provide subpoena and U.S. Marshals Service forms, sets deadlines for returning the forms and serving Defendant Ly, and warns that failure to serve may result in dismissal.

Holdings

1. A court may authorize discovery before the Rule 26(f) conference when good cause exists, and good cause supported limited early discovery here because Plaintiff needed the defendant's current address and contact information to effect service.
2. The court authorized Plaintiff to issue a subpoena duces tecum to obtain documents from CDCR or the logical employing entity that may identify Defendant Ly's current address and other relevant contact information.

Questions Presented

1. Whether the court should authorize discovery before the parties' Rule 26(f) conference to obtain the current address and contact information of an unserved defendant.
2. Whether the court should authorize issuance of a subpoena duces tecum to CDCR or the defendant's employer for documents needed to identify and serve the defendant.

Disposition

other