Larkin v. Yelp! Inc.

Filing 20

ORDER RESETTING Case Management Statement due by 1/20/2012. Case Management Conference set for 1/27/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/29/11. (bpf, COURT STAFF) (Filed on 11/29/2011)

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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 9701 Wilshire Blvd. Suite 1000 Beverly Hills, CA 90071 Telephone: (310) 295-1654 Facsimile: (310) 733-5654 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 25 JUSTIN LARKIN, ANTHONY TIJERINO, and Case No. 3:11-cv-01503-EMC AHMAD DEANES, on behalf of themselves and all others similarly situated, JOINT CASE MANAGEMENT STATEMENT, STATUS REPORT AND Plaintiffs, REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE v. 26 YELP! INC., 23 24 27 CMC Date: December 2, 2011 Defendant. 28 JOINT CASE MANAGEMENT STATEMENT Case No. 3:11-cv-01503-EMC 1 The Parties respectfully submit this Joint Case Management Statement, Status Report and 2 Request for a Continuance of Case Management Conference in preparation for the Case 3 Management Conference currently scheduled for this matter on December 2, 2011 at 9:00 a.m. 4 I. PROCEDURAL HISTORY 5 On March 29, 2011, Class Representative Justin Larkin filed this Litigation as a putative 6 Rule 23 class action on behalf of himself and others similarly situated in California and a putative 7 national collective action under the federal Fair Labor Standards Act (“FLSA”). 8 9 On May 24, 2011, upon stipulation of the parties, this Court ordered that (a) the action be stayed pending the anticipated mediation in this matter; (b) Defendant’s deadline to answer or 10 otherwise respond to the complaint be postponed until twenty (20) days after the lifting of this stay; 11 (c) the parties shall submit a report on the status of the mediation and the continued propriety of the 12 stay within one hundred twenty (120) days of this Order; and (d) the stay shall expire in the event 13 any party fails to execute or revokes the FLSA tolling agreement executed by the parties. 14 On September 15, 2011, the parties participated in a mediation with Mediator Mark Rudy in 15 San Francisco. The case did not resolve at the mediation, but settlement discussions continued and 16 the parties have reached a tentative settlement subject to negotiation of terms and conditions. 17 II. 18 The parties are in the process of finally negotiating the terms and conditions of the 19 settlement. On November 4, 2011, Defendant sent Plaintiffs’ counsel a first draft of a proposed, 20 long-form settlement agreement with all proposed exhibits, including the proposed class notice and 21 judgment. Plaintiffs’ Counsel has been preparing proposed revisions to the settlement documents, 22 and anticipates forwarding those revisions to Defendant’s counsel in advance of the currently 23 scheduled December 2, 2011 Case Management Conference. The parties expect to meet and 24 confer and resolve any issues related to the settlement papers in the next two to three weeks, and 25 will be prepared to file by December 20, 2011 either: (1) a motion for preliminary approval of 26 settlement or (2) a case management conference report. 27 III. CASE STATUS & SETTLEMENT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE 2 28 JOINT CASE MANAGEMENT STATEMENT Case No. 3:11-cv-01503-EMC 1 Accordingly, the parties jointly request that the Court continue the case management 2 conference currently scheduled for December 2, 2011 until a date convenient to the Court in 3 January, 2012. 4 5 6 RUKIN HYLAND DORIA & TINDALL LLP Dated: November 29, 2011 7 By:______ Peter Rukin Attorneys for Plaintiffs /s/ _______________ 8 9 10 MUNGER, TOLLES & OLSON LLP Dated: November 29, 2011 11 12 By:______ /s/ _______________ Malcolm Heinicke Attorneys for Defendant Yelp! Inc. 13 14 15 16 ATTESTATION PURSUANT TO GENERAL ORDER 45 17 18 19 20 I, PETER RUKIN, attest that concurrence in the filing of this Joint Case Management Statement has been obtained from each of the other signatories. Executed this 29th day of November, 2011, at San Francisco, California. 21 ______/s/ Peter Rukin Peter Rukin 22 __________ 23 NO R en d M. Ch e Edwar Judg 3 IA 28 D RDERE S SO O IED IT I DIF JOINT CASE MANAGEMENT STATEMENT O AS M ORN 27 C RT U O 26 ISTRIC ES D T T _____________________ TA Edward M. Chen U.S. District Judge S 25 IT IS SO ORDERED that the CMC is reset from 12/2/11 to 1/27/12 at 9:00 a.m. A joint CMC statement shall be filed by 1/20/12. UNIT ED 24 Case No. 3:11-cv-01503-EMC

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