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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TERESA MARTINEZ, et al.,

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For the Northern District of California

United States District Court

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No. C 13-00319 WHA

Plaintiffs,
v.

ORDER COMPELLING
DISCOVERY

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EXTRA SPACE STORAGE, INC., et al.,

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Defendants.

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In this putative class action involving rental storage units, plaintiffs request that

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defendant be compelled to respond to an interrogatory seeking the names and contact

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information of 1000 potential class members. Plaintiffs state that they wish to use this contact

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information to collect additional evidence in advance of the September 26 deadline for their class

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certification motion. Defendants object that in other actions against the same defendants,

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plaintiffs’ counsel allegedly used similar disclosures to solicit new clients for follow-on lawsuits.

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Defendants also object that the information is private and sensitive.

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Defendants’ allegation that plaintiffs’ counsel has misused such information in other

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actions is unsupported by evidence. Nor is there an allegation that plaintiffs’ counsel’s use of

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the information violated any protective orders in those actions. The protective order already in

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place in this action will be sufficient to protect the privacy interests of the potential class

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members. To prevent repetition of these arguments, this order holds that plaintiffs’ counsel may

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use the disclosed contact information solely for the purpose of this litigation. For the avoidance

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of doubt, this restriction includes, but is not limited to, using the disclosed contact information to

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solicit clients for future actions against defendants.

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Defendants’ objections are OVERRULED. Plaintiffs’ request to compel this discovery is
GRANTED. Defendants shall provide an updated response to the interrogatory by AUGUST 23.

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IT IS SO ORDERED.

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Dated: August 15, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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