Larkin v. Yelp! Inc.

Filing 8

STIPULATION AND [PROPOSED] ORDER TO STAY CASE PENDING MEDIATION by Yelp! Inc.. (Heinicke, Malcolm) (Filed on 5/11/2011)

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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]

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Attorneys for Plaintiffs

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MALCOLM A. HEINICKE (SBN 194174)
[e-mail]
CAROLYN V. ZABRYCKI (SBN 263541)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street
Twenty-Seventh Floor
San Francisco, CA 94105-2907
Telephone:
[phone]
Facsimile:
[phone]

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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,

CASE NO. CV 11-1503 EMC
STIPULATION AND [PROPOSED]
ORDER TO STAY CASE PENDING
MEDIATION

Plaintiffs,

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Honorable Edward M. Chen
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v.

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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

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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

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By:
Edward M. Chen
United States Magistrate Judge

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STIPULATION TO STAY CASE PENDING
MEDIATION CV 11-1503 EMC