Martinez v. City and County of San Francisco

Filing 52

ORDER TO SHOW CAUSE Show Cause Response due by 9/19/2014.. Signed by Magistrate Judge Donna M. Ryu on 09/17/14. (dmrlc2, COURT STAFF) (Filed on 9/17/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 FREDDY U MARTINEZ, 12 Plaintiff(s), 13 No. C-13-04197 DMR ORDER TO SHOW CAUSE v. 14 CITY AND COUNTY OF SAN FRANCISCO, 15 Defendant(s). ___________________________________/ 16 17 25 During his deposition, Plaintiff repeatedly refused to answer questions, resting on an assertion of his Fifth Amendment protection against self-incrimination. On September 3, 2014, the court ordered that Plaintiff resubmit to a deposition after the court had an opportunity to adjudicate the issue. To that end, the court required Plaintiff’s counsel to file a detailed motion for a protective order regarding any assertion by Plaintiff of his Fifth Amendment rights in this case. See Docket No. 51. Plaintiff was to have filed the motion by September 12, 2014. To date, Plaintiff has not filed the motion. Accordingly, the court ORDERS Plaintiff to respond by September 19, 2014 and explain why Plaintiff did not file the motion. If Plaintiff does not respond by September 19, 2014 to this order to show cause, Plaintiff will be deemed to have withdrawn his assertion of Fifth Amendment privilege in this case. IT IS SO ORDERED. 26 Dated: September 17, 2014 18 19 20 21 22 23 24 27 28 DONNA M. RYU United States Magistrate Judge

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