Moore

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Nathaniel MOORE, Case No.: 20-cv-01481-BAS-BGS

Plaintiff,

ORDER GRANTING JOINT

v. MOTION FOR THIRD PARTY DISCOVERY PRIOR TO RULE 26(f) Jesse RODRIGUEZ;

CONFERENCE

Elizabeth RODRIGUEZ; and

DOES 1–10,

[ECF No. 39] Defendants. 17 On July 6, 2021, the parties jointly moved for an order allowing the issuance of a 18 subpoena to a third party prior to the Rule 26(f) conference, pursuant to Federal Rule of 19 Civil Procedure 26(d)(1). (ECF No. 39.) This case involves Plaintiff’s allegations that the 20 Defendants wrongfully obtained Plaintiff’s prison psychiatric records from the California 21 Department of Corrections and Rehabilitation (CDCR) and used them in a mediation, while 22 Defendants deny wrongfully obtaining any records. (Id. at 1.) The parties claim that good 23 cause exists for an order allowing the issuance of a third-party subpoena prior to the Rule 24 26(f) conference since “obtaining the CDCR records…