Parker v. N. West

Summary

The United States District Court for the Eastern District of California granted the defendant's renewed motion to compel incarcerated nonparty witness Durrell Puckett to comply with a deposition subpoena. The court ordered Puckett to attend and participate in a deposition by April 18, 2025, and cautioned that further refusal could result in sanctions.

Holdings

1. The court may compel an incarcerated nonparty witness to comply with a properly served deposition subpoena when the requested testimony is relevant and the witness has not formally objected or otherwise shown adequate hardship. Defendant established good cause, so the motion to compel was granted.
2. A declaration filed by the nonparty witness did not substitute for compliance with the deposition subpoena; Puckett was ordered to attend and participate in the deposition.

Questions Presented

1. Whether the court should compel an incarcerated nonparty witness who failed to formally object to a properly served subpoena to attend and participate in a deposition.
2. Whether the relevance and importance of the nonparty witness's testimony outweighed any potential hardship associated with the deposition.

Disposition

other