Martinez v. Extra Space Storage Inc et al

Filing 137

ORDER GRANTING ATTORNEY'S FEES re 125 Order, (whalc4, COURT STAFF) (Filed on 2/5/2014)

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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 GRANTING
ATTORNEY’S FEES

Defendants.
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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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requesting $10,813.50 (Dkt. No. 132). Plaintiff’s counsel was then to submit an opposition to

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this declaration if he doubted its accuracy. No opposition was filed.

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On January 28, an order to show cause was issued stating that the Court was inclined to

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enter an order for $10,813.50 and requesting a showing as to why plaintiff’s counsel should not

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be held personally liable for the award. The Court was concerned that plaintiff’s counsel in

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agreeing to the fee had failed to adequately consult with his client.

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On February 4, plaintiff’s counsel submitted a declaration stating that he had made
multiple attempts to communicate with his client and had finally reached her on February 3

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(Dkt. No. 136). While Ms. Martinez expresses an interest in not being saddled with the award

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obligation, she has not presented a valid reason that would relieve her of the obligation. Because

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plaintiff has not identified any inaccuracies in defendants’ award calculation, it is hereby ordered

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that plaintiff will reimburse defendant for the costs associated with plaintiff’s failure to appear

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for deposition in this action. Judgment for defendants in the amount $10,813.50 will be entered.

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IT IS SO ORDERED.

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Dated: February 5, 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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