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