Larkin v. Yelp! Inc.
Filing
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STIPULATION AND ORDER TO STASY CASE AND RESETTING CMC re 8 Stipulation filed by Yelp! Inc.. Signed by Judge Edward M Chen on 5/24/11. (bpf, COURT STAFF) (Filed on 5/24/2011)
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PETER RUKIN (SBN 178336)
RUKIN HYLAND DORIA & TINDALL LLP
100 Pine Street, Suite 2150
San Francisco, CA 94111
Telephone:
(415) 421-1800
Facsimile:
(415) 421-1700
E-mail:
peterrukin@rhdtlaw.com
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Attorneys for Plaintiffs
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MALCOLM A. HEINICKE (SBN 194174)
Malcolm.Heinicke@mto.com
CAROLYN V. ZABRYCKI (SBN 263541)
Carolyn.Zabrycki@mto.com
MUNGER, TOLLES & OLSON LLP
560 Mission Street
Twenty-Seventh Floor
San Francisco, CA 94105-2907
Telephone:
(415) 512-4000
Facsimile:
(415) 512-4077
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Attorneys for Defendant
YELP! INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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JUSTIN LARKIN, ANTHONY
TIJERINO, and AHMAD DEANES, on
behalf of themselves and all others
similarly situated,
Plaintiffs,
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STIPULATION AND [PROPOSED]
ORDER TO STAY CASE PENDING
MEDIATION AND RESETTING CMC
FOR 12/2/11
Honorable Edward M. Chen
v.
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CASE NO. CV 11-1503 EMC
YELP! INC.,
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Defendant.
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STIPULATION TO STAY CASE PENDING
MEDIATION CV 11-1503 EMC
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WHEREAS, Plaintiffs have filed this putative class and collective action alleging
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state and federal wage and hour claims concerning their employment with Defendant Yelp! Inc.;
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WHEREAS, the parties previously stipulated that the deadline for Defendant to
respond to the complaint would be extended to May 10, 2011;
WHEREAS, the parties, through their counsel, have met and conferred about
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conducting a mediation, and the parties have agreed to schedule a mediation with a private
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mediator specializing in these types of actions;
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WHEREAS, the parties agree that it would serve efficiency interests and preserve
judicial and party resources to stay this action pending the anticipated mediation;
WHEREAS, the parties have met and conferred and reached agreement on issues
concerning tolling of Plaintiffs’ federal claims under the Fair Labor Standards Act;
WHEREAS, the parties anticipate that, mainly as the result of mediator
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availability, it will take ninety (90) to one hundred twenty (120) days to complete the anticipated
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mediation, and therefore propose that they be required to report back to the Court on the status of
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the mediation and stay within that time frame;
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WHEREAS, the parties, through their counsel of record, stipulate as follow:
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IT IS HEREBY STIPULATED that the parties jointly and respectfully request an
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order stating that (a) the entire action is stayed pending the anticipated mediation in this matter;
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(b) Defendant’s deadline to answer or otherwise respond to the complaint is hereby postponed
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until twenty (20) days after the lifting of the stay; (c) the parties are required to submit a report on
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the status of the mediation and the continued propriety of the stay within one hundred twenty
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(120) days of the order; and (d) the stay shall expire in the event any party fails to execute or
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revokes the FLSA tolling agreement.
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STIPULATION TO STAY CASE PENDING
MEDIATION CV 11-1503 EMC
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DATED: May 11, 2011
RUKIN HYLAND DORIA & TINDALL LLP
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By: /s/ Peter Rukin
Peter Rukin
Attorneys for Plaintiffs
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DATED: May 11, 2011
MUNGER, TOLLES & OLSON LLP
MALCOLM A. HEINICKE
CAROLYN V. ZABRYCKI
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By: /s/ Malcolm A. Heinicke
Malcolm A. Heinicke
Attorneys for Defendant
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CERTIFICATION
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I, Malcolm A. Heinicke, am the ECF User whose identification and password are
being used to file this STIPULATION AND [PROPOSED] ORDER TO STAY CASE
PENDING MEDIATION. In compliance with General Order 45.X.B., I hereby attest that Peter
Rukin concurred in this filing.
PURSUANT TO STIPULATION, IT IS SO ORDERED. Specifically, the Court
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orders that (a) the action is stayed pending the anticipated mediation in this matter; (b)
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Defendant’s deadline to answer or otherwise respond to the complaint is hereby postponed until
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twenty (20) days after the lifting of this stay; (c) the parties shall submit a report on the status of
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the mediation and the continued propriety of the stay within one hundred twenty (120) days of
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this Order; and (d) the stay shall expire in the event any party fails to execute or revokes the
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FLSA tolling agreement.
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DATED: May _____, 2011
The CMC is reset for 12/2/11 at 2:00 p.m. A joint CMC statement
shall be filed by 11/25/11.
Edward M. Chen DERED
O OR
UnitedIStates Magistrate Judge
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DIFI
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