Martinez v. City and County of San Francisco

Filing 54

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.

UNIT
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