Martinez v. Extra Space Storage Inc et al

Filing 119

ORDER re AMENDED STIPULATION AND ORDER REGARDING RESOLUTION OF THE DISCOVERY DISPUTE by Hon. William Alsup granting in part and denying in part 116 Stipulation.(whalc4, COURT STAFF) (Filed on 12/6/2013)

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Case3:13-cv-00319-WHA Document116 Filed12/05/13 Page1 of 5 1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 2 3 4 5 6 7 A Limited Liability Partnership Including Professional Corporations ROBERT S. BEALL, Cal. Bar No. 132016 RUBEN D. ESCALANTE, Cal. Bar No. 244596 ADRIENNE W. LEE, Cal. Bar No. 265617 650 Town Center Drive, 4th Floor Costa Mesa, California 92626-1993 Telephone: 714-513-5100 Facsimile: 714-513-5130 Email: rbeall@sheppardmullin.com rescalante@sheppardmullin.com alee@sheppardmullin.com 8 Attorneys for Defendants EXTRA SPACE STORAGE INC. and EXTRA 9 SPACE MANAGEMENT, INC. 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 TERESA ANN MARTINEZ and TIFFANY CURTIS, on behalf of herself and all persons 15 similarly situated, Case No. C 13-00319 WHA [Alameda Superior Court Case No. RG12659084] Plaintiff, 16 21 MOTION, STIPULATION, AND [PROPOSED] ORDER REGARDING RESOLUTION OF THE DISCOVERY DISPUTE THAT IS THE SUBJECT OF THE COURT ORDERED MEET-ANDCONFER AND DISCOVERY HEARING SET FOR DECEMBER 10, 2013, AND MOTION TO TAKE SAID MEET-ANDCONFER AND HEARING OFF CALENDAR 22 [Local Rules 7-7, 7-11] 23 Complaint Filed: December 10, 2012 17 v. 18 EXTRA SPACE STORAGE INC., a Maryland corporation; EXTRA SPACE 19 MANAGEMENT, INC., a Utah corporation; and Does 1 through 100 inclusive, 20 Defendants. 24 25 26 27 28 SMRH:414301183.1 Case No. C 13-00319 WHA MOTION, STIPULATION, AND [PROPOSED] ORDER Case3:13-cv-00319-WHA Document116 Filed12/05/13 Page2 of 5 Plaintiff Tiffany Curtis ("Plaintiff") and Defendants Extra Space Management, Inc. 1 2 and Extra Space Storage Inc. (collectively "Defendants"), through their respective counsel of 3 record, hereby stipulate and move the Court to vacate the order that the parties appear for a meet4 and-confer and subsequent hearing on December 10, 2013, because they have resolved the 5 discovery dispute that is the subject thereof, as follows: A. 6 WHEREAS on December 2, 2013, Defendants filed a letter brief requesting 7 relief in connection with a discovery dispute concerning the Protective Order and Order dated 8 August 15, 2013; B. 9 WHEREAS on December 3, 2013, the Court ordered the parties to attend a 10 meet-and-confer and subsequent hearing concerning the foregoing dispute on December 10, 2013; C. 11 WHEREAS the parties have since further met and conferred concerning 12 their discovery dispute; D. 13 WHEREAS Plaintiff’s counsel, Jeffrey Wilens, represents as an officer of 14 the court that prior to filing the class certification motion, he sent questionnaires to 1,000 former 15 customers of Defendants whose contact information was produced in this litigation pursuant to the 16 Protective Order and Order dated August 15, 2013; that to date only 29 of those customers 17 responded to the initial mailing, contacted Mr. Wilens, or attempted to contact Mr. Wilens 18 thereafter; that after the Court denied class certification, Mr. Wilens then sent direct 19 correspondence to those 29 customers plus Trina Sisk who had contacted Mr. Wilens on her own 20 initiative many months earlier, which informed them of their rights to intervene after denial of 21 class certification and asked them if they wanted Mr. Wilens to seek to intervene on their behalf; 22 Mr. Wilens has since filed a motion to intervene on behalf of those customers; and Mr. Wilens has 23 not been and is not in contact with any other tenants reflected on the Contact List; E. 24 WHEREAS the parties have agreed to a compromise on how to proceed 25 with respect to their discovery dispute and have resolved the same; and F. 26 WHEREAS, pursuant to Local Rule 5-1(i), Jeffrey Wilens, Attorney for 27 Plaintiffs, concurs in the filing of this document. 28 -1SMRH:414301183.2 Case No. C 13-00319 WHA MOTION, STIPULATION, AND [PROPOSED] ORDER Case3:13-cv-00319-WHA Document116 Filed12/05/13 Page3 of 5 THEREFORE, Plaintiff and Defendants, through their respective counsel of record, 1 2 stipulate and agree as follows: 1. 3 Plaintiff and her counsel, Mr. Wilens, will return to Defendants within 3 4 days of approval of this Stipulation, all documents, copies thereof, derivatives thereof, 5 information, and anything containing, constituting, or reflecting the information produced 6 pursuant to the Court’s Order dated August 15, 2013 (the “Contact List”), which was produced 7 subject to that Order and the Protective Order. 2. 8 Plaintiff and her counsel, Mr. Wilens, shall cease and desist using the 9 Contact List, which includes but is not limited to soliciting individuals reflected thereon to be 10 plaintiffs in this case or any other case or contacting or responding to inquiries made by 11 individuals reflected on that list in response to any previous correspondence sent to them by 12 Plaintiff and her counsel, Mr. Wilens, without leave of Court; 3. 13 Plaintiff and her counsel, Mr. Wilens, will mail an exemplar of the initial 14 Questionnaire (provided the exemplar reflects the version(s) sent to the 1,000 tenants) referenced 15 in Paragraph D, supra, and an exemplar of the second letter (provided the exemplar reflects the 16 version(s) sent to the 30 tenants) referenced in Paragraph D, supra, to the Court within one court 17 day of request by Defendants. The documents will be mailed as if they were a chambers copy. 18 The documents will be submitted for in camera inspection only and should not be part of the 19 public record. 4. 20 This stipulation does not apply to the Contact List as to the 30 individuals 21 on whose behalf Plaintiff and her counsel, Mr. Wilens, have already filed a motion to intervene, 22 the propriety of which Defendants reserve the right to challenge in connection with said motion or 23 thereafter on any grounds and which information is still subject to the Protective Order and 24 Court’s Order dated August 15, 2013. 5. 25 This stipulation does not alter or modify the Protective Order or Court’s 26 Order dated August 15, 2013; Defendants reserve the right to challenge Plaintiff and Mr. Wilens’ 27 conduct in connection therewith. 28 -2SMRH:414301183.2 Case No. C 13-00319 WHA MOTION, STIPULATION, AND [PROPOSED] ORDER Case3:13-cv-00319-WHA Document116 Filed12/05/13 Page4 of 5 6. 1 This stipulation is without prejudice to Plaintiff’s requesting the renewed 2 production of the 1,000 name and contact information reflected on the Contact List at a later date, 3 which request Defendants reserve the right to oppose. 7. 4 That this stipulation will be binding and have full force and effect as th 5 between the parties and their counsel provided the hearing set for December 10 is vacated; 6 however, Plaintiff and Mr. Wilens will abide by the terms of this stipulation pending entering or 7 rejection by the Court as to Paragraph 2. 8. 8 That the meet-and-confer and subsequent hearing set for December 10, 9 2013, be taken off calendar and the order setting the same vacated. IT IS SO STIPULATED 10 11 12 Dated: December 4, 2013 13 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 14 By 15 /s/ Ruben D. Escalante RUBEN D. ESCALANTE 16 Attorneys for Defendants EXTRA SPACE STORAGE INC. and EXTRA SPACE MANAGEMENT, INC. 17 18 19 Dated: December 4, 2013 THE LAKESHORE LAW CENTER 20 21 By /s/ Jeffrey Willens JEFFREY WILENS 22 23 Attorneys for Plaintiffs TERESA ANN MARTINEZ and TIFFANY CURTIS 24 25 26 27 28 -3SMRH:414301183.2 Case No. C 13-00319 WHA MOTION, STIPULATION, AND [PROPOSED] ORDER Case3:13-cv-00319-WHA Document116 Filed12/05/13 Page5 of 5 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 Dated: December 6, 2013 UNIT ED 4 ISTRIC ES D TC AT T RT U O S 3 RED NO lsup illiam A ER 9 A H 8 FO RT 7 Judge W LI 6 R NIA THE HONORABLE RDE D O OWILLIAM ALSUP IT IS S IE UNITED STATESODIF AS M DISTRICT JUDGE 5 N F D IS T IC T O R C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4SMRH:414301183.2 Case No. C 13-00319 WHA MOTION, STIPULATION, AND [PROPOSED] ORDER

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