SUSAN ILLSTON, District Judge.
This is a pro se prisoner's civil rights action arising from plaintiff's arrest in Santa Clara, California, on May 23, 2008. Now before the court is plaintiff's request for issuance of four subpoenas and defendants' motion for a protective order allowing them to avoid traveling to a prison in Tehachapi for their depositions.
Plaintiff has filed an administrative motion for the issuance of four subpoena duces tecum. The motion is DENIED. Docket # 102. The listed attorney on the subpoena forms is "Charles Garcia, Attorney-In-Fact." See Docket # 102-1 at 1. As the court explained in the September 15, 2011 order for service of process, Docket # 36 at 2, a non-attorney cannot represent plaintiff. Plaintiff's request for a subpoena directed at Christopher Pavan and THBC is denied for the additional reasons stated in the July 21, 2013 order denying plaintiff's discovery application. See Docket # 69 at 1 ("plaintiff's attempt to subpoena materials from his own expert appears to be either an unnecessarily officious act, or an effort to avoid paying for services rendered, or an effort to get this court to interfere with the murder case pending against plaintiff in the Riverside County Superior Court. Those are not legitimate reasons for the issuance of a subpoena. . . . See Fed. R. Civ. P. 26(b)(2)(C)(authorizing court to limit scope of discovery otherwise allowable under the rules).") Plaintiff has requested documents from the Pleasanton Police Department, but fails to explain how the Pleasanton Police Department would have any records potentially relevant to this action that concerns plaintiff's arrest in Santa Clara. If he wants to renew his application for this subpoena, he needs to explain when he was in the custody of the Pleasanton Police Department, and why and when he made a complaint to the Pleasanton Police Department about an arrest in Santa Clara.
Plaintiff noticed the depositions of four defendants and scheduled the depositions to take place on the day before and the day after Thanksgiving at the California Correctional Institution in Tehachapi, where plaintiff then was incarcerated. See Docket # 84-1. Defense counsel sent a letter to plaintiff objecting to the proposed location for the depositions because it was more than 300 miles from defendants' homes or place of business, and the inconvenience of the travel was exacerbated by scheduling the depositions adjacent to Thanksgiving. Docket # 84-2 at 1. In the same letter, defense counsel asked plaintiff to stipulate to one of several proposed alternative methods for the depositions, i.e., deposition by written questions, depositions by telephone, or a remote deposition by other acceptable electronic means. Id. at 1, 5. The following week, plaintiff sent to defense counsel his objections to defendants' request for production of documents and interrogatories, stating that he "will not be providing responses until the matter of the Defendants making themselves available for their depositions is resolved." Docket # 84-3 at 1. Defendants then moved for a protective order for the depositions of defendants to occur via written questions, telephone, or other acceptable means, see Fed. R. Civ. P. 30(b)(4), at a later date and location more convenient to the deponents. On January 2, 2015, plaintiff filed an opposition to the motion for a protective order and requested sanctions against defendants and defense counsel for not appearing for the scheduled depositions.
Earlier this week, plaintiff notified the court that has been transferred to Salinas Valley State Prison in Soledad, California. That prison is approximately 90 miles from defendants' place of employment. Defendants and plaintiff all are apparently within the Northern District of California. In light of plaintiff's transfer to Salinas Valley, it is unnecessary for the court to decide whether defendants should be required to travel 300 miles to plaintiff's place of incarceration. The dates plaintiff selected for the depositions — i.e., the day before and the day after Thanksgiving — have passed, so it also is unnecessary for the court to decide whether defendants are entitled to a protective order against appearing for depositions on those particular dates.
Plaintiff may conduct the depositions of the defendants within the Northern District of California. Plaintiff may conduct the depositions in-person at Salinas Valley State Prison, by telephone or by other remote means — the choice of method(s) is his.
For the foregoing reasons:
1. Defendants' motion for a protective order is DENIED as moot. Docket # 82. Plaintiff's request for sanctions in opposition to that motion is DENIED. Docket # 101.
2. Plaintiff may conduct an oral deposition of each defendant within the Northern District of California. For each deposition, plaintiff may choose whether to conduct the deposition in person, by telephone or by other remote means.
3. No later than
4. No later than
5. No later than
6. The court now resets the briefing schedule on defendants' pending motion for summary judgment: No later than
7. Plaintiff's request for a copy of the Local Rules is GRANTED. Docket # 103. A copy of the Northern District of California's Civil Local Rules has been sent to him in a separate envelope.