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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Peter Rukin (SBN 178336)
RUKIN HYLAND DORIA & TINDALL LLP
100 Pine Street, Suite 2150
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Rosa Vigil-Gallenberg (SBN 251872)
GALLENBERG PC
333 S. Grand Ave, 25th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Todd Heyman (pro hac vice application to be filed)
SHAPIRO HABER & URMY LLP
53 State Street 13th Floor
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
E-mail: [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: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant

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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 Case No. 3:11-cv-01503-EMC
AHMAD DEANES, on behalf of themselves and
all others similarly situated,
JOINT STATUS REPORT

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Plaintiffs,
v.
YELP! INC.,
Defendant.

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JOINT STATUS REPORT

Case No. 3:11-cv-01503-EMC

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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

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stayed pending the anticipated mediation in this matter; (b) Defendant’s deadline to answer or

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otherwise respond to the complaint be postponed until twenty (20) days after the lifting of this stay;

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(c) the parties shall submit a report on the status of the mediation and the continued propriety of the

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stay within one hundred twenty (120) days of this Order; and (d) the stay shall expire in the event

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any party fails to execute or revokes the FLSA tolling agreement executed by the parties;

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On September 15, 2011, the parties participated in a mediation with Mediator Mark Rudy in

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San Francisco. The case did not resolve at the mediation, but settlement discussions have

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continued. On September 21, 2011 and October 6, 2011, the parties submitted joint status reports

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regarding the status of settlement negotiations and the need for a continuance of the stay of

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litigation.

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The parties have reached a tentative settlement of this matter, subject to the negotiation of

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certain terms and conditions. Defendant has prepared a draft settlement agreement and will

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provide it to plaintiffs’ counsel this week. In light of the tentative settlement, the parties believe it

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would be in the interest of justice and administrative efficiency to continue the stay while

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settlement negotiations continue. The parties will inform the Court by November 11, 2011 of the

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status of the tentative settlement and a proposed date for the filing of preliminary approval papers,

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if appropriate.

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RUKIN HYLAND DORIA & TINDALL LLP
Dated: October 31, 2011

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By:______
Peter Rukin
Attorneys for Plaintiffs

/s/

_______________

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MUNGER, TOLLES & OLSON LLP

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Dated: October 31, 2011

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By:______
/s/
_______________
Malcolm Heinicke
Attorneys for Defendant Yelp! Inc.
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JOINT STATUS REPORT

Case No. 3:11-cv-01503-EMC