Williams v. Camden Old Creek

I. DISCUSSION

26 The Federal Rules of Civil Procedure allow for the issuance of a subpoena to produce 27 documents but limits those subpoenas to commanding production “at a place within 100 28 miles” of the subpoenaed non-party. See FED. R CIV. P. 45(c)(2)(A). Plaintiff’s Rule 45 subpoena commanded Twitter, in San Francisco, to produce documents in La Mesa, CA. ECF No. 68-1 at 4. A subpoena requiring a nonparty to produce documents at a place more than one-hundred miles away1 is invalid. See FED. R. CIV. P. 45(d)(3)(A)(ii) (a court must quash or modify a subpoena that does not comply with Rule 45(c)); see also Europlay Cap. Advisors, LLC v. Does, 323 F.R.D. 628, 629 (C.D. Cal. 2018) (“Rule 45 further requires that the place of compliance for the ‘production of documents, electronically stored information, or tangible things [is] at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person.’”); Youngevity Int’l, Corp. v. Smith, No. 16cv704-BTM-JLB, 2017 U.S. Dist. LEXIS 206797 (S.D. Cal. Dec. 15, 2017) (“Subdivision (c) [of Rule 45] now specifies the place of compliance…