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Casterlow-Bey v. Trafford Publishing Co.

United States District Court, W.D. Washington, Tacoma

October 30, 2017

GARY CASTERLOW-BEY, Plaintiff,
v.
TRAFFORD PUBLISHING COMPANY, Defendant.

          ORDER ON PLAINTIFF'S MOTION REQUESTING SUBPOENA FOR NON-PARTY DISCOVERY AND ON MOTION FOR MEDIATION

          ROBERT J. BRYAN, United States District Judge

         This matter comes before the Court on the Plaintiff's “Motion Requesting Subpena [sic] for Non-Party Discovery Pursuant to Fed.R.Civ.P. Rule 45 (b)(1), Rule 34 (2)(1), and 28 U.S.C. § 1915(d)” (Dkt. 41) and Plaintiff's motion for mediation under Local Rule W.D. Wash. 39.1 (c)(1) (Dkt. 41-1). The Court has reviewed the pleadings filed regarding the motions and remaining record.

         I. FACTS

         This breach of contract case was filed by Plaintiff, pro se, who is a prisoner proceeding in forma pauperis (“IFP”). Dkts. 1, 6, and 7. He claims, in part, that the Defendant publishing company failed to pay him royalties on books that he wrote. Dkt. 7.

         On July 21, 2017, the Court directed the Clerk of the Court to send to Defendant by U.S. mail at the address provided in the summons filled out by Plaintiff (Dkt. 10): copies of Plaintiff's Complaint (Dkt. 7), the order directing service, the notice of lawsuit and request for waiver of service of summons, and a waiver of service of summons. Dkt. 13. On August 21, 2017, a waiver of service of summons was returned to the court, signed by “Melissa M. Bauer, Secretary Get Published! LLC, successor in interest to Trafford Publishing, LLC, 1663 Liberty Drive, Bloomington, IN, 47403.” Dkt. 21.

         On September 5, 2017, Plaintiff filed a Motion to Appoint Mediator as Established by Local Rule 7 (f). Dkt. 23. In this pleading, Plaintiff stated that it is “[his] deepest desire to resolve this dispute amicably, ” and so moved for appointment of a mediator. Id. On September 13, 2017, Plaintiff filed a motion for default judgment, asserting that default judgment should be entered against Defendant for failure to appear and to be represented by an attorney admitted to practice before this Court. Dkt. 33. He also filed a motion for a temporary restraining order (“TRO”) against the Defendant. Dkt. 32. Plaintiff argued in that motion, “that until this lawsuit is resolved, it is not fair for Defendant to continue to gain financially from Plaintiff's copyrighted work.” Id. Plaintiff noted the motion for September 13, 2017. Id. This motion was entered into the case docket after the Court denied, on September 14, 2017, Plaintiff's motion for a TRO (Dkt. 26) “to stop Defendant from selling any of Plaintiff's books nationally and internationally ‘until this civil suit is settled or otherwise resolved.'”

         On September 19, 2017, Defendant appeared and filed an Answer to the Complaint. Dkt. 28. On September 22, 2017, Defendant filed a response opposing Plaintiff's motion for a TRO. Dkt. 35. Defendant argued that the Plaintiff fails to show that he is entitled to a TRO, and in any event, it has “immediately placed a hold on all distribution of Plaintiff's books, ” so Plaintiff cannot demonstrate irreparable harm if the TRO was not granted. Id.

         Plaintiff has also filed motions for TROs to force the Pierce County, Washington jail, where he is being held, to pay for his postage and copies on all legal documents. Dkts. 24 and 26.

         All Plaintiff's motions were denied. Dkts. 25, 27, and 37.

         In addition to this case, Plaintiff filed similar actions related to the sale and distribution of his books against:

         (1) Google.com and Amazon.com, Casterlow-Bey v. Google.com, et al., Western District of Washington case number 17-5686 RJB, filed on August 30, 2017;

         (2) Ebay.com, Casterlow-Bey v. Ebay.com, Western District of Washington case number 17-5687 RJB, filed on August 30, 2017;

         (3) Amazon.com, Google.com, Barnes and Nobles.com, Ebay.com, and Trafford Publishing Company, Casterlow-Bey v. Amazon, et al., Western District of Washington case number 17-5833 RJB, filed on October 13, 2017; and

         (4) Barnes and Nobles, Casterlow-Bey v. Barnes and Nobles, Western District of Washington case number ...


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