Smalley et al v. Home Depot U.S.A., Inc.

Filing 69

ORDER GRANTING re 68 Letter filed by Deborah Jackson to dismiss Plaintiff Bertch's claims with prejudice. Tracey Lynn Bertch terminated. Signed by Judge Joseph C. Spero on 8/2/12. (klhS, COURT STAFF) (Filed on 8/2/2012)

Squitieri & Fearon, LLP
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Caitlin Duffy
Associate
[e-mail]

July 31, 2012
VIA ECF
The Honorable Magistrate Judge Joseph C. Spero
450 Golden Gate Avenue
15th Floor
San Francisco, CA 94102
Re:

Smalley et al. v. Home Depot, U.S.A., Inc., No. 11-cv-02951-JCS

Dear Judge Spero:
We represent plaintiffs in the above referenced action. I write with the consent of
opposing counsel to update the Court of the status of certain plaintiffs’ compliance with the
Court’s Orders (see Doc. No. 66, 67) and to request a Court Order confirming the dismissal of
plaintiff Tracey Bertch’s claims.
On July 13, 2012 the Court held a hearing on its Order to Show Cause why certain
plaintiffs should not be dismissed for failing to comply with their discovery obligations. At that
hearing the Court dismissed with prejudice certain plaintiffs for failing to comply with discovery,
(see Doc. No. 66), and ordered plaintiffs Tracy Bertch and Debora Jackson (whose written
discovery responses were incomplete), to serve complete, verified discovery responses by July
27, 2012. (See Doc. Nos. 66, 67.) The parties both believe that the Court intended that plaintiffs
Bertch and Jackson be dismissed with prejudice if they did not timely comply with their
discovery obligations.

July 31, 2012
Page 2 of 2

On July 20, plaintiff Jackson completed her verified written discovery responses.
However, plaintiff Bertch failed to timely respond to Home Depot’s written discovery, and has
given no indication that she intends to do so. Because plaintiff Bertch failed to comply with the
Court’s Order, the parties both believe that her claims are dismissed with prejudice. The parties
respectfully request a Court Order dismissing plaintiff Bertch’s claims with prejudice.

Respectfully submitted,
/s/ Caitlin Duffy__
Caitlin Duffy
Cc: By ECF
Counsel for Home Depot U.S.A., Inc.

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Dated: August 2, 2012

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