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