United States District Court, W.D. Washington, Tacoma
ORDER ON PLAINTIFF'S MOTION REQUESTING SUBPOENA
FOR NON-PARTY DISCOVERY AND ON MOTION FOR MEDIATION
J. BRYAN, United States District Judge
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.
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.
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.
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.'”
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.
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.
Plaintiff's motions were denied. Dkts. 25, 27, and 37.
addition to this case, Plaintiff filed similar actions
related to the sale and distribution of his books against:
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;
Ebay.com, Casterlow-Bey v. Ebay.com, Western
District of Washington case number 17-5687 RJB, filed on
August 30, 2017;
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
Barnes and Nobles, Casterlow-Bey v. Barnes and
Nobles, Western District of Washington case number