Martinez v. Extra Space Storage Inc et al

Filing 57

ORDER COMPELLING DISCOVERY by Hon. William Alsup granting 54 Discovery Letter Brief.(whalc1, COURT STAFF) (Filed on 8/15/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 TERESA MARTINEZ, et al., 11 For the Northern District of California United States District Court 10 12 No. C 13-00319 WHA Plaintiffs, v. ORDER COMPELLING DISCOVERY 13 EXTRA SPACE STORAGE, INC., et al., 14 Defendants. 15 16 / In this putative class action involving rental storage units, plaintiffs request that 17 defendant be compelled to respond to an interrogatory seeking the names and contact 18 information of 1000 potential class members. Plaintiffs state that they wish to use this contact 19 information to collect additional evidence in advance of the September 26 deadline for their class 20 certification motion. Defendants object that in other actions against the same defendants, 21 plaintiffs’ counsel allegedly used similar disclosures to solicit new clients for follow-on lawsuits. 22 Defendants also object that the information is private and sensitive. 23 Defendants’ allegation that plaintiffs’ counsel has misused such information in other 24 actions is unsupported by evidence. Nor is there an allegation that plaintiffs’ counsel’s use of 25 the information violated any protective orders in those actions. The protective order already in 26 place in this action will be sufficient to protect the privacy interests of the potential class 27 members. To prevent repetition of these arguments, this order holds that plaintiffs’ counsel may 28 use the disclosed contact information solely for the purpose of this litigation. For the avoidance 1 of doubt, this restriction includes, but is not limited to, using the disclosed contact information to 2 solicit clients for future actions against defendants. 3 4 Defendants’ objections are OVERRULED. Plaintiffs’ request to compel this discovery is GRANTED. Defendants shall provide an updated response to the interrogatory by AUGUST 23. 5 6 IT IS SO ORDERED. 7 8 Dated: August 15, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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