Larkin v. Yelp! Inc.

Filing 17

STATUS REPORT JOINT STATUS REPORT by Ahmad Deanes, Justin Larkin, Anthony Tijerino. (Rukin, Peter) (Filed on 10/31/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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: Rosa Vigil-Gallenberg (SBN 251872) GALLENBERG PC 333 S. Grand Ave, 25th Floor Los Angeles, CA 90071 Telephone: (213) 943-1343 Facsimile: (213) 254-0400 Email: Todd Heyman (pro hac vice application to be filed) SHAPIRO HABER & URMY LLP 53 State Street 13th Floor Boston, MA 02109 Telephone: (617) 439-3939 Facsimile: (617) 439-0134 E-mail: Attorneys for Representative Plaintiffs Malcolm A. Heinicke (SBN 194174) MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco CA 94105 Phone: (415) 512-4000 Fax: (415) 644-6929 Email: Attorneys for Defendant 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 SAN FRANCISCO DIVISION 22 23 JUSTIN LARKIN, ANTHONY TIJERINO, and Case No. 3:11-cv-01503-EMC AHMAD DEANES, on behalf of themselves and all others similarly situated, JOINT STATUS REPORT 24 25 26 27 Plaintiffs, v. YELP! INC., Defendant. 28 JOINT STATUS REPORT Case No. 3:11-cv-01503-EMC 1 2 3 The Parties submit this further joint status report regarding the status of settlement discussions and the necessity of a continued stay of litigation in this matter. On May 24, 2011, upon stipulation of the parties, this Court ordered that (a) the action be 4 stayed pending the anticipated mediation in this matter; (b) Defendant’s deadline to answer or 5 otherwise respond to the complaint be postponed until twenty (20) days after the lifting of this stay; 6 (c) the parties shall submit a report on the status of the mediation and the continued propriety of the 7 stay within one hundred twenty (120) days of this Order; and (d) the stay shall expire in the event 8 any party fails to execute or revokes the FLSA tolling agreement executed by the parties; 9 On September 15, 2011, the parties participated in a mediation with Mediator Mark Rudy in 10 San Francisco. The case did not resolve at the mediation, but settlement discussions have 11 continued. On September 21, 2011 and October 6, 2011, the parties submitted joint status reports 12 regarding the status of settlement negotiations and the need for a continuance of the stay of 13 litigation. 14 The parties have reached a tentative settlement of this matter, subject to the negotiation of 15 certain terms and conditions. Defendant has prepared a draft settlement agreement and will 16 provide it to plaintiffs’ counsel this week. In light of the tentative settlement, the parties believe it 17 would be in the interest of justice and administrative efficiency to continue the stay while 18 settlement negotiations continue. The parties will inform the Court by November 11, 2011 of the 19 status of the tentative settlement and a proposed date for the filing of preliminary approval papers, 20 if appropriate. 21 22 RUKIN HYLAND DORIA & TINDALL LLP Dated: October 31, 2011 23 By:______ Peter Rukin Attorneys for Plaintiffs /s/ _______________ 24 MUNGER, TOLLES & OLSON LLP 25 26 Dated: October 31, 2011 27 By:______ /s/ _______________ Malcolm Heinicke Attorneys for Defendant Yelp! Inc. 2 28 JOINT STATUS REPORT Case No. 3:11-cv-01503-EMC

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