Judge: Glenn R. Salter, Case: 22-1293735, Date: 2023-08-10 Tentative Ruling
The motion of the plaintiff to quash six subpoenas served on his medical providers by the defendants is DENIED.
It appears that the only issue is whether the subpoenas go back too far in time. They seek records going back 10 years from the date of termination. Plaintiff suggests that 5 years is enough.
The complaint alleges that plaintiff was employed with defendants from October 14, 2006, until he was terminated May 7, 2021. He further alleges that defendants always knew of his disability and the history of his disability—he alleged he notified defendants of headaches in 2013, for example—and that he was discriminated against based on those disabilities.
Plaintiff has put all his disabilities into issue. Under the facts of this case, subpoenas going back 10 years from the date of termination are proper.
The request for sanctions is DENIED.
The defendants shall give notice.