Otey v. Crowdflower, Inc. et al

Filing 180

STIPULATION AND ORDER re 179 STIPULATION WITH PROPOSED ORDER Re: Continuance of Litigation Activities, Including Notice of Conditional Certification of Collective Action, Pending Anticipated Settlement and Motion for Court Approval of Same filed by Chris Van Pelt, Crowdflower, Inc., Lukas Biewald. Signed by Judge Jon S. Tigar on October 22, 2013. (wsn, COURT STAFF) (Filed on 10/22/2013)

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ARTHUR M. EIDELHOCH, Bar No. 168096
[e-mail]
GALEN M. LICHTENSTEIN, Bar No. 251274
[e-mail]
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, California 94108.2693
Telephone: [phone]
Facsimile: 415.399.8490
JACQUELINE E. KALK (Pro Hac Vice)
[e-mail]
LITTLER MENDELSON, P.C.
80 South 8th Street, Suite 1300
Minneapolis, MN 55402.2136
Telephone: [phone]
Facsimile: 612.677.3139
KELLY D. REESE (Pro Hac Vice)
[e-mail]
R. BRADLEY ADAMS (Pro Hac Vice)
[e-mail]
LITTLER MENDELSON, P.C.
63 South Royal Street, Suite 901
Mobile, AL 36602.3218
Telephone: [phone]
Facsimile: 251-432-0427
Attorneys for Defendants
CROWDFLOWER, INC., LUKAS BIEWALD
AND CHRIS VAN PELT

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William T. Payne (SBN 90988)
Ellen M. Doyle (Pro Hac Vice)
Edward J. Feinstein (Pro Hac Vice)
STEMBER FEINSTEIN DOYLE PAYNE
& KRAVEC, LLC
429 Forbes Avenue, 17th Floor
Pittsburgh, PA 15219
412-281-8400 (T), 412-281-1007 (F)
[e-mail]
[e-mail]
[e-mail]
Mark A. Potashnick (Pro Hac Vice)
WEINHAUS & POTASHNICK
11500 Olive Blvd., Suite 133
St. Louis, MO 63141
314-997-9150 (T), 314-997-9170 (F)
[e-mail]
Ira Spiro (SBN 67641)
Jennifer Connor (SBN 241480)
Justin F. Marquez (SBN 262417)
SPIRO MOORE, LLP
11377 W. Olympic Blvd., 5th Floor
Los Angeles, CA 89064
310-235-2468 (T), 310-235-2456 (F)
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
CHRISTOPHER OTEY, MARY GRETH
& THE CONDITOINALLY CERTIFIED
FLSA COLLECTIVE ACTION CLASS

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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CHRISTOPHER OTEY, on behalf of
himself and all others similarly situated,

STIPULATION RE: CONTINUANCE OF
LITIGATION ACTIVITIES, INCLUDING
NOTICE OF CONDITIONAL
CERTIFICATION OF COLLECTIVE
ACTION, PENDING ANTICIPATED
SETTLEMENT AND MOTION FOR
COURT APPROVAL OF SAME

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Plaintiff,
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v.
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Case No. 3:12-cv-05524-JST/mej

CROWDFLOWER, INC., LUKAS
BIEWALD and CHRIS VAN PELT,
Defendant.

[PROPOSED] ORDER

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION RE CONTINUANCE
LITIGATION ACTIVITIES

OF

Case No. 3:12-cv-05524-JST

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Plaintiffs CHRISTOPHER OTEY and MARY GRETH ("Plaintiffs") and Defendants

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CROWDFLOWER, INC., LUKAS BIEWALD and CHRIS VAN PELT ("Defendants"), by and

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through their respective counsel, hereby enter into the following Stipulation Regarding Continuance

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of Litigation Activities Pending Anticipated Settlement and Motion for Court Approval of Same.

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Specifically, by and through this Stipulation, the parties request that the Court grant the parties leave

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to continue all litigation activities, including responses to pending discovery requests and

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service/posting of notice of conditional certification of collective action, for an additional thirty days

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(from October 31, 2013) to allow the parties to continue to work toward a final settlement of the

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instant action in the wake of the parties' mediation which occurred October 18-19, 2013.

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STIPULATION

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1.

Defendants CrowdFlower, Inc., Lukas Biewald and Chris Van Pelt.

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2.

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No case management conference has yet occurred and the Court has not yet issued

any scheduling order.

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The original Complaint in this action was filed on October 26, 2012 against

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The initial case management conference is scheduled for 2:00 p.m. on December 11,

4.

The parties participated in mediation on October 18-19, 2013. In anticipation of

2013.

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mediation, the parties sought and the Court granted a stay, pending mediation, up to and including

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October 31, 2013. (Doc. No. 177).

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5.

Based on the mediation and subsequent settlement discussions, counsel for the parties

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believe that finalizing a settlement of this action is likely. However, given the complex nature of

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this putative collective and class action, additional time is needed by the parties to try to finalize all

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of the terms of a settlement agreement. The parties desire to focus their efforts on reaching a final

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settlement rather than devoting time, effort and expense to engaging in litigation activities.

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The parties therefore seek a continuance of all litigation activities, including all

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activities associated with discovery and providing notice of conditional certification of a collective

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action (e.g., posting and servicing notice), for an additional thirty days, up through and including

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November 30, 2013. The parties further seek an automatic extension of the continuance, in the event

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION RE CONTINUANCE
LITIGATION ACTIVITIES

OF

2.

Case No. 3:12-cv-05524-JST

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that the parties finalize a proposed settlement and file a motion for Court approval of same prior to

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November 30, 2013, until such time as the Court rules on that motion.

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7.

The continuance sought will help facilitate settlement.

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If settlement is not achieved, the continuance sought will not materially delay or alter

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the progress of this litigation.

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WHEREFORE, the parties mutually request that the Court enter the proposed Order below,

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thereby continuing the deadlines for all litigation activities, including responding to pending

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discovery requests and serving/posting notice of conditional certification of collective action, up to

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and including November 30, 2013 or, if a motion for Court approval of settlement is filed prior to

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that time, until such time as the Court rules on said motion.

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Dated: October 22, 2013

Respectfully submitted,

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LITTLER MENDELSON, P.C.

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By:

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/s/ R. Bradley Adams
R. BRADLEY ADAMS (pro hac vice)
ARTHUR M. EIDELHOCH
GALEN M. LICHTENSTEIN
JACQUELINE E. KALK (pro hac vice)
KELLY D. REESE (pro hac vice)
Attorneys for Defendants
CROWDFLOWER, INC., LUKAS
BIEWALD AND CHRIS VAN PELT

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Dated: October 22, 2013

WEINHAUS & POTASHNICK

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By:

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/s/ Mark Potashnick
MARK POTASHNICK
Attorneys for Plaintiffs
CHRISTOPHER OTEY, MARY GRETH
and the conditionally certified FLSA
collection action class

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION RE CONTINUANCE
LITIGATION ACTIVITIES

OF

3.

Case No. 3:12-cv-05524-JST

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PROPOSED ORDER

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Good cause appearing therefore, the foregoing Stipulation Re: Continuance of Litigation

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Activates Pending Anticipated Settlement and Motion for Court Approval of Same ("Stipulation") is

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hereby approved and it is hereby ORDERED that:

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All litigation activities, including responses to pending discovery requests and

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service/posting of notice of conditional certification of collective action, are continued up to and

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including November 30, 2013. It is further order that in the event that the parties reach a final

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settlement and file a motion for Court approval of same on or before November 30, 2013, this

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continuance shall be automatically extended until such time as the Court rules on the motion.
PURSUANT TO STIPUATION, IT IS SO ORDERED.

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Dated: October 22, 2013

____________________________________________
HONORABLE JON. S. TIGAR
UNITED STATES DISTRICT COURT JUDGE

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION RE CONTINUANCE
LITIGATION ACTIVITIES

OF

Case No. 3:12-cv-05524-JST