Martinez v. City and County of San Francisco
Filing
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ORDER REQUIRING PLAINTIFF TO FILE MOTION FOR PROTECTIVE ORDER BY SEPTEMBER 24, 2014. Signed by Magistrate Judge Donna M. Ryu on 09/22/14. (dmrlc2, COURT STAFF) (Filed on 9/22/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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FREDDY U MARTINEZ,
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Plaintiff(s),
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v.
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ORDER REQUIRING PLAINTIFF TO
FILE MOTION FOR PROTECTIVE
ORDER BY SEPTEMBER 24, 2014
CITY AND COUNTY OF SAN FRANCISCO,
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No. C-13-04197 DMR
Defendant(s).
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Upon Plaintiff’s counsel’s instruction, Plaintiff refused to answer numerous deposition
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questions based on an indiscriminate assertion of Fifth Amendment protection. On September 3,
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2014, the court ordered that Plaintiff submit to further deposition. See Docket No. 51. The court
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also ordered that before the deposition was to take place, Plaintiff was to file a motion for a
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protective order, supported by legal authority, and setting forth in detail what questions were
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appropriately subject to Fifth Amendment protection. Id. The court ordered Plaintiff to file that
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motion by September 12, 2014. Because of his failure to file the required motion, the court issued
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an order to show cause. See Docket No. 52.
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Plaintiff responded by filing a document in which he states that he does not intend to file a
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motion for protective order, but also does not “concede the Fifth Amendment issue.” This violates
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the court’s order. If Plaintiff intends to assert the Fifth Amendment in response to any discovery,
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Plaintiff must file a detailed motion for protective order, supported by legal authority, by September
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24, 2014. If the motion for protective order is not filed by that date, the court will construe
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Plaintiff’s failure to do so as a representation that he will not be asserting the Fifth Amendment in
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this case.
RT
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u
a M. Ry
e Donn
Jud M.
DONNA g RYU
NO
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Dated: September 22, 2014
United States Magistrate Judge
ER
For the Northern District of California
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United States District Court
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RDERE
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IT IS S
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IT IS SO ORDERED.
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