United States District Court, D. Nevada
J. KOPPE United States Magistrate Judge
before the Court is Non-Party Las Vegas Metropolitan Police
Department's (“LVMPD”) amended motion to
quash Plaintiffs' subpoena. Docket No. 118. Plaintiffs
filed a response, and LVMPD filed a reply. Docket Nos. 122,
129. The Court finds this motion properly resolved without
oral argument. See Local Rule 78-1. For the reasons
discussed below, LVMPD's amended motion to quash, Docket
No. 118, is hereby GRANTED.
September 11, 2014, Plaintiffs filed the instant action
against the North Las Vegas Police Department and North Las
Vegas Police Officers Paul Maalouf and Travis Snyder. Docket
No. 1.Plaintiffs allege, inter alia,
that Officers Maalouf and Snyder shot and killed their two
pet pit pull dogs while executing a search warrant on their
property. Docket No. 88 at 5-6. On March 9, 2017, Plaintiffs
served a subpoena to produce certain documents on LVMPD's
Custodian of Records. Docket No. 118 at 10-13. On March 29,
2017, LVMPD filed the instant amended motion to quash
subpoena. Docket No. 118.
Meet and Confer
preliminary matter, Plaintiffs submit that the Court should
deny LVMPD's amended motion to quash because LVMPD failed
to meet and confer with them before filing it. Docket No. 122
at 4-5. LVMPD submits that it was not required to do so.
Docket No. 129 at 3-4. Even assuming, arguendo, that
a meet and confer was required in this instance, “the
Court ultimately retains discretion to decide discovery
matters even where no proper meet and confer has been
conducted.” Aevoe Corp. v. AE Tech Co., Ltd.,
2013 WL 4714273, at *2 (D. Nev. Aug. 30, 2013) (citing
Fifty-Six Hope Rd. Music, Ltd. v. Mayah Collections,
Inc., 2007 WL 1726558, at *6 (D. Nev. June 11, 2007)).
The Court therefore exercises its discretion to address the
merits of LVMPD's amended motion to quash subpoena.
Motion to Quash Subpoena
governs the issuance of subpoenas requiring non-parties to
produce designated documents. See Fed. R. Civ. P.
45(a)(1)(A)(iii). A court must grant a timely motion to quash
or modify a subpoena that fails to allow reasonable time to
comply, requires a person to comply beyond the geographical
limits specified in Rule 45(c), requires disclosure of
privileged or other protected matter, if no exception or
waiver applies, or subjects a person to undue burden.
See Fed. R. Civ. P. 45(d)(3)(A). The movant seeking
to quash a subpoena bears the burden of persuasion. Green
v. Baca, 226 F.R.D. 624, 653 (C. D. Cal. 2005) (internal
quotations and citations omitted).
a subpoena is unduly burdensome depends on the facts of each
specific case. Green, 226 F.R.D. at 653 (internal
quotations and citation omitted). Additionally, “courts
have incorporated relevance as a factor when determining
motions to quash a subpoena, particularly when considering
whether there is an undue burden.” Bird v. PSC
Holdings I, LLC, 2013 WL 12108107, at *1 (S. D. Cal.
Nov. 20, 2013) (internal quotations and citation omitted).
“‘It is well established that the scope of
discovery under a subpoena issued pursuant to Rule 45 is the
same as the scope of discovery allowed under Rule
26(b)(1).'” Paws Up Ranch, LLC v. Green,
2013 WL 6184940, at *4 (D. Nev. Nov. 22, 2013) (quoting
Painters Joint Comm. v. Emp. Painters Tr. Health &
Welfare Fund, 2011 WL 4573349, at *5 (D. Nev. Sept. 29,
2011)). “Generally speaking, the Federal Rules allow
parties to obtain discovery that is . . . relevant to a claim
or defense of any party.” Paws Up Ranch, LLC,
2013 WL 6194940, at *3 (internal citation omitted).
In this instance, Plaintiffs subpoenaed LVMPD to produce:
1. Any and all police reports and search warrant plans from
2010 to the present where officers of the Las Vegas
Metropolitan Police Department Special Weapons and Tactics
team served a search warrant and a dog or dogs were present
at the location of the search warrant.
2. Any and all policies and procedures referencing the use of
force against dogs and other animals by police officers in
effect from 2010 to present.
3. Any and all training materials, and requirements for Las
Vegas Metropolitan Police Department officers that reference
use of force against dogs and other animals by police