Martinez v. Extra Space Storage Inc et al

Filing 70

ORDER TO APPEAR FOR DEPOSITION AND ORDER FOR ATTORNEY WILENS TO PAY FEES FOR FAILURE TO APPEAR by Judge William Alsup [granting 62 Discovery Letter Brief; denying 64 Discovery Letter Brief]. (whasec, COURT STAFF) (Filed on 9/25/2013)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 TERESA ANN MARTINEZ, on behalf of herself and all persons similarly situated, No. C 13-00319 WHA Plaintiff, 8 9 11 For the Northern District of California United States District Court 10 v. EXTRA SPACE STORAGE, INC., a Maryland corporation, EXTRA SPACE MANAGEMENT, INC., a Utah corporation, and DOES 1 through 100, inclusive, 12 ORDER TO APPEAR FOR DEPOSITION AND ORDER FOR ATTORNEY WILENS TO PAY FEES FOR FAILURE TO APPEAR Defendants. / 13 14 Although Attorney Wilens has “demoted” plaintiff Teresa Martinez from being a 15 potential class representative, she nonetheless still remains as an individual plaintiff and 16 defendant has every right to take her deposition. Ms. Martinez has failed to appear for her 17 deposition as scheduled. Attorney Wilens is hereby ORDERED to send a letter, by September 30, 18 to defense counsel stating a firm week-day date on or before October 18, 2013, on which 19 Ms. Martinez will appear for her deposition at a convenient place of defense counsel’s choosing, 20 failing which, on motion, her case shall be dismissed for lack of prosecution and for violating 21 this order. 22 Furthermore, Attorney Wilens is hereby ORDERED to pay $200 to defense counsel for his 23 unexcused failure to appear at today’s discovery conference to partially compensate for the 24 waste of defense counsel’s time. 25 26 27 28 IT IS SO ORDERED. Dated: September 25, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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