Banga v. Experian Information Solutions et al

Filing 101

ORDER re 100 Plaintiff's Letter of June 18, 2009. A motion hearing shall be held on 07/29/09 at 3:00 PM. Signed by Magistrate Judge Edward M. Chen on 6/19/2009. (emcsec, COURT STAFF) (Filed on 6/19/2009) Modified on 6/22/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 v. EXPERIAN INFORMATION SOLUTIONS, et al., Defendants. ___________________________________/ KAMLESH BANGA, Plaintiff, No. C-08-4147 SBA (EMC) ORDER RE PLAINTIFF'S LETTER OF JUNE 18, 2009 (Docket No. 100) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Plaintiff Kamlesh Banga, proceeding pro se, has submitted a letter to the Court, dated June 18, 2009, in which she claims that Defendant Experian Information Solutions has improperly destroyed evidence relevant to the litigation. Ms. Banga asks the Court "to set a pre-motion conference regarding [the] discovery dispute and allow [her] to file a Motion for Sanctions against Experian for Evidence Spoliation on the short notice." Letter at 2. The Court does not see the necessity of having a pre-motion conference. Nor does the Court see the necessity of having the matter heard on shortened time. Even though the fact discovery cutoff is June 26, 2009, the issue here is not whether Experian is withholding documents; rather, the issue is whether Experian has improperly destroyed evidence and, if so, what remedy (if any) should be available to Ms. Banga. This issue can be addressed well before the trial in the case, set for November 2009. Accordingly, the Court hereby DENIES Ms. Banga's request for a pre-motion conference and shortened time. The Court shall give Ms. Banga until June 24, 2009, to file and serve a motion

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for sanctions based on the alleged spoliation. In the motion, Ms. Banga shall provide any and all evidence supporting her contention that there has been spoliation of evidence; in addition, she shall specify what sanction she seeks for the alleged spoliation. Experian shall have until July 8, 2009, to file an opposition, and then Ms. Banga shall have until July 15, 2009, to file a reply. A hearing on the motion shall be held on July 29, 2009, at 3:00 p.m. As a final point, the Court notes for Ms. Banga that, in the future, should she ask for any relief from the Court and makes that request in writing, then that writing must be filed with the Clerk of the Court (as well as served on Defendants). It is not sufficient to fax the writing to the chambers of the undersigned. This order disposes of Docket No. 100.

United States District Court

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For the Northern District of California

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IT IS SO ORDERED.

Dated: June 19, 2009 _________________________ EDWARD M. CHEN United States Magistrate Judge

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1 2 3 4 5 6 7 8 9 10 v. EXPERIAN INFORMATION SOLUTIONS, et al., Defendants. ___________________________________/ KAMLESH BANGA, Plaintiff, CERTIFICATE OF SERVICE No. C-08-4147 SBA (EMC) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the U.S. District Court, Northern District of California. On the below date, I served a true and correct copy of the attached, by placing said copy/copies in a postage-paid envelope addressed to the person(s) listed below, by depositing said envelope in the U.S. Mail; or by placing said copy/copies into an inter-office delivery receptacle located in the Office of the Clerk. KAMLESH BANGA P.O. Box 6025 Vallejo, CA 94591 [phone] Dated: June 19, 2009 ALL OTHER COUNSEL SERVED VIA ELECTRONIC FILING ("E-FILING")

RICHARD W. WIEKING, CLERK

By:

/s/ Leni Doyle Deputy Clerk