1 WO 2 3 4 5 8 Alex Guy Gillis Thrasher, ) 9 ) Plaintiff, ) 10 v. ) No. CIV 24-050-TUC-CKJ ) 11 Unknown VanNorstran, et al., ) ORDER ) 12 Defendants. ) ) 13 14 Pending before the Court is the Motion Requesting a Subpoena in a Civil Matter (Doc. 15 52) filed by Plaintiff Alex Guy Gillis Thrasher ("Thrasher"). Thrasher requests a subpoena 16 be issued to Facility Administrator Davey for production of the names and titles of 17 responsible parties/employees of Naphcare who are at issue in Thrasher's Counts 1, 2, 3, and 18 5. See e.g., Dyer v. Does 1-10, No. 23-CV-01226-JCS, 2024 WL 5711916, at *1 (N.D. Cal. 19 Dec. 10, 2024), citation omitted ("Courts in this Circuit permit expedited discovery to 20 identify unknown defendants . . ."). Additionally, Thrasher requests a copy of his Second 21 Amended Complaint accompany the subpoena so the Facility Administrator may correctly 22 identify the appropriate persons. 23 Thrasher's motion requests the issuance of a subpoena pursuant to the local general 24 order. The applicable general order states: 25 IT IS ORDERED that any self-represented litigant who wishes to serve a subpoena must file a motion with the Court for issuance of the subpoena. The motion must (1) 26 be in writing, (2) attach a copy of the proposed subpoena, (3) set forth the name and address of the witness to be subpoenaed and the custodian and general nature of any 27 documents requested, and (4) state with particularity the reasons for seeking the testimony and documents. The assigned judge shall determine whether the requested 28 subpoena shall issue. Issuance of the subpoena shall not preclude any witness or 1 person subpoenaed, or other interested party, from contesting the subpoena. 2 General Order 18-19. The issue before the Court is whether Thrasher has met the procedural 3 requirements of General Order 18-19 and does not address the admissibility/relevance of the 4 requested information. See Dennison v. Ryan, No. CV-18-04539-PHX-SPL, 2022 WL 5 2665926, at *3 (D. Ariz. July 11, 2022), citation omitted ("Federal Rule of Civil Procedure 6 45(a)(3) states that '[t]he Clerk must issue a subpoena . . . to a party who requests it.' 7 Whether or not the requested items are relevant is germane to whether the subpoena should 8 be quashed, not whether it should be issued."); see also Gen. Order 18-19. 9 Thrasher has submitted a written motion, has set forth the name and address of the 10 witness to be subpoenaed and the general nature of the information requested, and the 11 reasons for seeking the information. However, "a subpoena duces tecum is a discovery tool 12 used for the production of documents or other tangible objects for inspection. Fed.R.Civ.P. 13 45(a)(2)(c). If plaintiff wishes to obtain specific information, he must seek that information 14 through other discovery methods, for example, interrogatories to a party[,]" Heilman v. 15 Lyons, No. 2:09-CV-2721 KJN P, 2010 WL 5168871, at *2 (E.D. Cal. Dec. 13, 2010), 16 emphasis added, or subpoena the production of documents which include the information 17 Thrasher seeks. The proposed subpoena, with a copy of the Second Amended Complaint 18 attached instead of an attachment specifically describing the persons sought to be identified, 19 places the burden on the recipient to not only draft a document, but also use discretion to 20 ascertain the information Thrasher seeks. 21 Further, Thrasher has only attached a copy of a partial proposed subpoena. The 22 proposed document only includes page one of the three page form (AO88B). While the 23 Court recognizes the U.S. Marshal1 may choose to use UMS-285 instead of page two of 24 25 1"Officers of the court are directed to serve all process on behalf of those proceeding in forma pauperis." Reed v. Barcklay, No. CV-11-01339-PHX-JAT, 2012 WL 2413074, at 26 *3 (D. Ariz. June 26, 2012), citing 28 U.S.C. § 1915(d). Courts in this Circuit have 27 determined it is appropriate for the U.S. Marshal to serve a subpoena on behalf of a prisoner 28 1 || AO88B (the proof of service page), the general order does not indicate a partial submission 2 || of the subpoena is sufficient. 3 Accordingly, IT IS ORDERED the Motion Requesting a Subpoena in a Civil Matter 4 || (Doc. 52) is DENIED WITH LEAVE TO RESUBMIT. 5 IT IS FURTHER ORDERED the Clerk of Court shall mail a blank AO88B form to 6 || Thrasher along with a copy of this Order. 7 DATED this 25th day of July, 2025. 9 Lanett, fC Qe: gerconet 10 United States Botnet Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 |} ——_——____—_—_- 74 || to assist in identifying a defendant. See e.g. Cramer v. Target Corp., 2010 WL 1849908 (E.D. Cal. May 6, 2010) (noting that a subpoena can facilitate identifying a defendant's 25 || current location so that a pro se prisoner can provide that information to the U.S. Marshal 6 || to effectuate service); Hamilton v. Hart, 2017 WL 85781, at *2 (E.D. Cal. Jan. 9, 2017) (noting an IFP plaintiff is entitled to service of a subpoena by a U.S. Marshal if the plaintiff 27 || provides the appropriate service address for the subpoena). 28 _3-
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT for the District of ) Plaintiff ) v. ) Civil Action No. ) ) Defendant ) SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: (Name of person to whom this subpoena is directed) O Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:
Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so. Date: CLERK OF COURT OR Signature of Clerk or Deputy Clerk Attorney’s signature The name, address, e-mail address, and telephone number of the attorney representing (name of party) , who issues or requests this subpoena, are:
Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) received this subpoena for (name of individual and title, if any) on (date) .
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1 WO 2 3 4 5 8 Alex Guy Gillis Thrasher, ) 9 ) Plaintiff, ) 10 v. ) No. CIV 24-050-TUC-CKJ ) 11 Unknown VanNorstran, et al., ) ORDER ) 12 Defendants. ) ) 13 14 Pending before the Court is the Motion Requesting a Subpoena in a Civil Matter (Doc. 15 52) filed by Plaintiff Alex Guy Gillis Thrasher ("Thrasher"). Thrasher requests a subpoena 16 be issued to Facility Administrator Davey for production of the names and titles of 17 responsible parties/employees of Naphcare who are at issue in Thrasher's Counts 1, 2, 3, and 18 5. See e.g., Dyer v. Does 1-10, No. 23-CV-01226-JCS, 2024 WL 5711916, at *1 (N.D. Cal. 19 Dec. 10, 2024), citation omitted ("Courts in this Circuit permit expedited discovery to 20 identify unknown defendants . . ."). Additionally, Thrasher requests a copy of his Second 21 Amended Complaint accompany the subpoena so the Facility Administrator may correctly 22 identify the appropriate persons. 23 Thrasher's motion requests the issuance of a subpoena pursuant to the local general 24 order. The applicable general order states: 25 IT IS ORDERED that any self-represented litigant who wishes to serve a subpoena must file a motion with the Court for issuance of the subpoena. The motion must (1) 26 be in writing, (2) attach a copy of the proposed subpoena, (3) set forth the name and address of the witness to be subpoenaed and the custodian and general nature of any 27 documents requested, and (4) state with particularity the reasons for seeking the testimony and documents. The assigned judge shall determine whether the requested 28 subpoena shall issue. Issuance of the subpoena shall not preclude any witness or 1 person subpoenaed, or other interested party, from contesting the subpoena. 2 General Order 18-19. The issue before the Court is whether Thrasher has met the procedural 3 requirements of General Order 18-19 and does not address the admissibility/relevance of the 4 requested information. See Dennison v. Ryan, No. CV-18-04539-PHX-SPL, 2022 WL 5 2665926, at *3 (D. Ariz. July 11, 2022), citation omitted ("Federal Rule of Civil Procedure 6 45(a)(3) states that '[t]he Clerk must issue a subpoena . . . to a party who requests it.' 7 Whether or not the requested items are relevant is germane to whether the subpoena should 8 be quashed, not whether it should be issued."); see also Gen. Order 18-19. 9 Thrasher has submitted a written motion, has set forth the name and address of the 10 witness to be subpoenaed and the general nature of the information requested, and the 11 reasons for seeking the information. However, "a subpoena duces tecum is a discovery tool 12 used for the production of documents or other tangible objects for inspection. Fed.R.Civ.P. 13 45(a)(2)(c). If plaintiff wishes to obtain specific information, he must seek that information 14 through other discovery methods, for example, interrogatories to a party[,]" Heilman v. 15 Lyons, No. 2:09-CV-2721 KJN P, 2010 WL 5168871, at *2 (E.D. Cal. Dec. 13, 2010), 16 emphasis added, or subpoena the production of documents which include the information 17 Thrasher seeks. The proposed subpoena, with a copy of the Second Amended Complaint 18 attached instead of an attachment specifically describing the persons sought to be identified, 19 places the burden on the recipient to not only draft a document, but also use discretion to 20 ascertain the information Thrasher seeks. 21 Further, Thrasher has only attached a copy of a partial proposed subpoena. The 22 proposed document only includes page one of the three page form (AO88B). While the 23 Court recognizes the U.S. Marshal1 may choose to use UMS-285 instead of page two of 24 25 1"Officers of the court are directed to serve all process on behalf of those proceeding in forma pauperis." Reed v. Barcklay, No. CV-11-01339-PHX-JAT, 2012 WL 2413074, at 26 *3 (D. Ariz. June 26, 2012), citing 28 U.S.C. § 1915(d). Courts in this Circuit have 27 determined it is appropriate for the U.S. Marshal to serve a subpoena on behalf of a prisoner 28 1 || AO88B (the proof of service page), the general order does not indicate a partial submission 2 || of the subpoena is sufficient. 3 Accordingly, IT IS ORDERED the Motion Requesting a Subpoena in a Civil Matter 4 || (Doc. 52) is DENIED WITH LEAVE TO RESUBMIT. 5 IT IS FURTHER ORDERED the Clerk of Court shall mail a blank AO88B form to 6 || Thrasher along with a copy of this Order. 7 DATED this 25th day of July, 2025. 9 Lanett, fC Qe: gerconet 10 United States Botnet Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 |} ——_——____—_—_- 74 || to assist in identifying a defendant. See e.g. Cramer v. Target Corp., 2010 WL 1849908 (E.D. Cal. May 6, 2010) (noting that a subpoena can facilitate identifying a defendant's 25 || current location so that a pro se prisoner can provide that information to the U.S. Marshal 6 || to effectuate service); Hamilton v. Hart, 2017 WL 85781, at *2 (E.D. Cal. Jan. 9, 2017) (noting an IFP plaintiff is entitled to service of a subpoena by a U.S. Marshal if the plaintiff 27 || provides the appropriate service address for the subpoena). 28 _3-
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT for the District of ) Plaintiff ) v. ) Civil Action No. ) ) Defendant ) SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: (Name of person to whom this subpoena is directed) O Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:
Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so. Date: CLERK OF COURT OR Signature of Clerk or Deputy Clerk Attorney’s signature The name, address, e-mail address, and telephone number of the attorney representing (name of party) , who issues or requests this subpoena, are:
Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) received this subpoena for (name of individual and title, if any) on (date) . I served the subpoena by delivering a copy to the named person as follows:
on (date) ; or [returned the subpoena unexecuted because:
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of $ My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date: Server’s signature
Printed name and title
Server’s address Additional information regarding attempted service, etc.:
(c) Place of Compliance. (ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s (1) For a Trial, Hearing, or Deposition. A subpoena may command a study that was not requested by a party. person to attend a trial, hearing, or deposition only as follows: (C) Specifying Conditions as an Alternative. In the circumstances (A) within 100 miles of where the person resides, is employed, or described in Rule 45(d)(3)(B), the court may, instead of quashing or regularly transacts business in person; or modifying a subpoena, order appearance or production under specified (B) within the state where the person resides, is employed, or regularly conditions if the serving party: transacts business in person, if the person (i) shows a substantial need for the testimony or material that cannot be (i) is a party or a party’s officer; or otherwise met without undue hardship; and (ii) is commanded to attend a trial and would not incur substantial (ii) ensures that the subpoenaed person will be reasonably compensated. expense. (e) Duties in Responding to a Subpoena. (2) For Other Discovery. A subpoena may command: (A) production of documents, electronically stored information, or (1) Producing Documents or Electronically Stored Information. These tangible things at a place within 100 miles of where the person resides, is procedures apply to producing documents or electronically stored employed, or regularly transacts business in person; and information: (B) inspection of premises at the premises to be inspected. (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or (d) Protecting a Person Subject to a Subpoena; Enforcement. must organize and label them to correspond to the categories in the demand. (B) Form for Producing Electronically Stored Information Not Specified. (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney If a subpoena does not specify a form for producing electronically stored responsible for issuing and serving a subpoena must take reasonable steps information, the person responding must produce it in a form or forms in to avoid imposing undue burden or expense on a person subject to the which it is ordinarily maintained or in a reasonably usable form or forms. subpoena. The court for the district where compliance is required must (C) Electronically Stored Information Produced in Only One Form. The enforce this duty and impose an appropriate sanction—which may include person responding need not produce the same electronically stored lost earnings and reasonable attorney’s fees—on a party or attorney who information in more than one form. fails to comply. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information (2) Command to Produce Materials or Permit Inspection. from sources that the person identifies as not reasonably accessible because (A) Appearance Not Required. A person commanded to produce of undue burden or cost. On motion to compel discovery or for a protective documents, electronically stored information, or tangible things, or to order, the person responding must show that the information is not permit the inspection of premises, need not appear in person at the place of reasonably accessible because of undue burden or cost. If that showing is production or inspection unless also commanded to appear for a deposition, made, the court may nonetheless order discovery from such sources if the hearing, or trial. requesting party shows good cause, considering the limitations of Rule (B) Objections. A person commanded to produce documents or tangible 26(b)(2)(C). The court may specify conditions for the discovery. things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or (2) Claiming Privilege or Protection. sampling any or all of the materials or to inspecting the premises—or to (A) Information Withheld. A person withholding subpoenaed information producing electronically stored information in the form or forms requested. under a claim that it is privileged or subject to protection as trial-preparation The objection must be served before the earlier of the time specified for material must: compliance or 14 days after the subpoena is served. If an objection is made, (i) expressly make the claim; and the following rules apply: (ii) describe the nature of the withheld documents, communications, or (i) At any time, on notice to the commanded person, the serving party tangible things in a manner that, without revealing information itself may move the court for the district where compliance is required for an privileged or protected, will enable the parties to assess the claim. order compelling production or inspection. (B) Information Produced. If information produced in response to a (ii) These acts may be required only as directed in the order, and the subpoena is subject to a claim of privilege or of protection as order must protect a person who is neither a party nor a party’s officer from trial-preparation material, the person making the claim may notify any party significant expense resulting from compliance. that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified (3) Quashing or Modifying a Subpoena. information and any copies it has; must not use or disclose the information (A) When Required. On timely motion, the court for the district where until the claim is resolved; must take reasonable steps to retrieve the compliance is required must quash or modify a subpoena that: information if the party disclosed it before being notified; and may promptly (i) fails to allow a reasonable time to comply; present the information under seal to the court for the district where (ii) requires a person to comply beyond the geographical limits compliance is required for a determination of the claim. The person who specified in Rule 45(c); produced the information must preserve the information until the claim is (iii) requires disclosure of privileged or other protected matter, if no resolved. exception or waiver applies; or (iv) subjects a person to undue burden. (g) Contempt. (B) When Permitted. To protect a person subject to or affected by a The court for the district where compliance is required—and also, after a subpoena, the court for the district where compliance is required may, on motion is transferred, the issuing court—may hold in contempt a person motion, quash or modify the subpoena if it requires: who, having been served, fails without adequate excuse to obey the (i) disclosing a trade secret or other confidential research, subpoena or an order related to it. development, or commercial information; or For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).