Martinez v. Extra Space Storage Inc et al

Filing 135

ORDER TO SHOW CAUSE 134 Notice (Other) filed by Extra Space Management, Inc, Extra Space Storage Inc. Signed by Judge William Alsup on January 28, 2014. (whalc4, COURT STAFF) (Filed on 1/28/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TERESA ANN MARTINEZ,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 13-00319 WHA

v.
EXTRA SPACE STORAGE, INC., a
Maryland corporation, EXTRA SPACE
MANAGEMENT, INC., a Utah corporation,
and DOES 1 through 100, inclusive,

ORDER TO SHOW CAUSE

Defendant.
/

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On December 16, 2013, an order issued setting forth the protocol the parties were to

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follow in determining the amount of attorney’s fees to be awarded against plaintiff Martinez.

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The first step required defendants to file a declaration of costs associated with plaintiff’s failure

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to appear for deposition in this action. Defendants submitted said declaration on December 30

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(Dkt. No. 132). Plaintiff’s counsel was then to submit an opposition to this declaration if he

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doubted its accuracy. No opposition was filed.

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Defendants now state that before the deadline to file an opposition had passed, plaintiff’s

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counsel indicated that no opposition would be filed; and that after the deadline passed

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defendants’ counsel confirmed with plaintiff’s counsel that the decision not to file an opposition

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was purposeful. Defendants request a final award to be entered in the amount of $10,813.50

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(Dkt. No. 134).

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The Court is inclined to enter an order for that amount, however, plaintiff’s counsel

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should respond by declaration, under oath, as to why he should not be held personally

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responsible for the award. The Court is concerned that plaintiff’s counsel in agreeing to the

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figure has failed to adequately consult with his client and to check whether Ms. Martinez wishes

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to be saddled with this obligation. Counsel may address this point in his declaration as well.

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Plaintiff’s counsel should file this declaration BY TUESDAY, FEBRUARY 4, 2014.

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IT IS SO ORDERED.

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Dated: January 28, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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