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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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
9701 Wilshire Blvd. Suite 1000
Beverly Hills, 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 CASE MANAGEMENT
STATEMENT, STATUS REPORT AND
Plaintiffs,
REQUEST FOR CONTINUANCE OF
CASE MANAGEMENT CONFERENCE
v.

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YELP! INC.,

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CMC Date: December 2, 2011
Defendant.

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JOINT CASE MANAGEMENT STATEMENT

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

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The Parties respectfully submit this Joint Case Management Statement, Status Report and

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Request for a Continuance of Case Management Conference in preparation for the Case

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Management Conference currently scheduled for this matter on December 2, 2011 at 9:00 a.m.

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I.

PROCEDURAL HISTORY

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On March 29, 2011, Class Representative Justin Larkin filed this Litigation as a putative

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Rule 23 class action on behalf of himself and others similarly situated in California and a putative

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national collective action under the federal Fair Labor Standards Act (“FLSA”).

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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

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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 continued and

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the parties have reached a tentative settlement subject to negotiation of terms and conditions.

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II.

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The parties are in the process of finally negotiating the terms and conditions of the

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settlement. On November 4, 2011, Defendant sent Plaintiffs’ counsel a first draft of a proposed,

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long-form settlement agreement with all proposed exhibits, including the proposed class notice and

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judgment. Plaintiffs’ Counsel has been preparing proposed revisions to the settlement documents,

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and anticipates forwarding those revisions to Defendant’s counsel in advance of the currently

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scheduled December 2, 2011 Case Management Conference. The parties expect to meet and

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confer and resolve any issues related to the settlement papers in the next two to three weeks, and

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will be prepared to file by December 20, 2011 either: (1) a motion for preliminary approval of

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settlement or (2) a case management conference report.

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III.

CASE STATUS & SETTLEMENT

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
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JOINT CASE MANAGEMENT STATEMENT

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

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Accordingly, the parties jointly request that the Court continue the case management

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conference currently scheduled for December 2, 2011 until a date convenient to the Court in

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January, 2012.

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RUKIN HYLAND DORIA & TINDALL LLP
Dated: November 29, 2011

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By:______
Peter Rukin
Attorneys for Plaintiffs

/s/

_______________

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MUNGER, TOLLES & OLSON LLP
Dated: November 29, 2011

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

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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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.

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______/s/ Peter Rukin
Peter Rukin

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__________

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NO

R

en
d M. Ch
e Edwar
Judg

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IA

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D
RDERE
S SO O IED
IT I
DIF
JOINT CASE MANAGEMENT STATEMENT O
AS M

ORN

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C

RT
U
O

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ISTRIC
ES D
T

T
_____________________
TA
Edward M. Chen
U.S. District Judge

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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

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