Thurl H. Light, II v. Officer D. Sotaso

Summary

The United States District Court for the Eastern District of California denied without prejudice Plaintiff Thurl H. Light, II’s motion to subpoena evidence. The court concluded that the requested documents could likely be sought from Defendant Officer D. Sotaso through the discovery process after discovery begins, and directed the Clerk to correct the docket to identify Officer Sotaso as the sole defendant.

Holdings

1. The court denied plaintiff's motion for a subpoena without prejudice because the requested documents appeared obtainable through the ordinary discovery process from the named defendant, and no discovery and scheduling order had yet issued while the pleadings remained open.

Questions Presented

1. Whether the court should issue a subpoena duces tecum for records relating to plaintiff's civil-rights claim while defendant's motion to dismiss remained pending.
2. Whether the requested documents should first be sought from the defendant through a request for production under Federal Rule of Civil Procedure 34.

Disposition

other