Otey v. Crowdflower, Inc. et al

Filing 212

STIPULATION AND ORDER re 211 JOINT STIPULATION WITH [PROPOSED] ORDER for a 30-Day Extension of Time to File New Motion for Settlement Approval and Request to Vacate Case Management Conference. Case Management Statement due by 3/25/2015. Further Case Management Conference set for 4/8/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on February 13, 2015. (wsn, COURT STAFF) (Filed on 2/13/2015)

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William T. Payne (SBN 90988)
Ellen M. Doyle (Pro Hac Vice)
Edward J. Feinstein (Pro Hac Vice)
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]

Tracy Thompson (SBN 88173)
[e-mail]
M. Michael Cole (SBN 235538)
[e-mail]
MILLER LAW GROUP
A Professional Corporation
111 Sutter Street, Suite 700
San Francisco, CA 94104
Tel. [phone]
Fax [phone]

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]

Attorneys for Defendants
CROWDFLOWER, INC., LUKAS BIEWALD,
and CHRIS VAN PELT

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M ILLER L AW G ROUP

A P R OF E SS I ON AL C O RP OR A T IO N
C AL IF O RN I A

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Ira Spiro (SBN 67641)
Jennifer Connor (SBN 241480)
SPIRO LAW CORP.
11377 W. Olympic Blvd., 5th Floor
Los Angeles, CA 89064
310-235-2350 (T), 310-235-2351 (F)
[e-mail]
[e-mail]
Attorneys for Plaintiffs
CHRISTOPHER OTEY, MARY GRETH &
THE CONDITIONALLY CERTIFIED FLSA
COLLECTIVE ACTION CLASS

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

21 CHRISTOPHER OTEY & MARY GRETH, on
behalf of themselves and all others similarly
22 situated,
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Plaintiff,

24 v.
25 CROWDFLOWER, INC., LUKAS BIEWALD
AND CHRIS VAN PELT,
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Case No.: 3:12-cv-05524-JST/MEJ
JOINT STIPULATION FOR A 30-DAY
EXTENSION OF TIME TO FILE NEW
MOTION FOR SETTLEMENT APPROVAL
AND REQUEST TO VACATE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED ORDER]
Complaint filed: October 26, 2012

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Defendant(s).

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JOINT STIP. FOR A 30-DAY EXTENSION OF TIME TO FILE NEW MOT. FOR SETTLEMENT APPROVAL AND
REQUEST TO VACATE CMC AND [PROPOSED ORDER]
Case No.: 3:12-cv-05524-JST/MEJ

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Plaintiffs CHRISTOPHER OTEY and MARY GRETH (“Plaintiffs”) and

2 Defendants CROWDFLOWER, INC., LUKAS BIEWALD, and CHRIS VAN PELT
3 (“Defendants”), by and through their respective counsel, hereby enter into the following Joint
4 Stipulation for a 30-Day Extension of Time to File New Motion for Settlement Approval.
5 Specifically, by and through this Stipulation, the parties request that the Court continue the
6 parties’ deadline for filing a renewed motion for settlement approval, up to and including
7 March 18, 2015.
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STIPULATION
1.

On December 16, 2014, this Court denied Plaintiffs’ Motion for Approval of

10 Proposed Settlement without prejudice. (Doc. 210.)
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2.

In that Order, the Court permitted the Plaintiffs to file a new motion for

M ILLER L AW G ROUP

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12 settlement approval by February 16, 2015. Id.
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3.

The Court further stated in its Order that if Plaintiffs file a new motion for

14 settlement approval by February 16, 2015, they may also request that the Court vacate the
15 Case Management Conference, set for March 11, 2015, at 2:00 p.m.
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4.

The parties have been in regular discussion with regard to negotiating the

17 terms of a new settlement agreement, and have been working diligently together in an effort
18 to address the concerns expressed by the Court in the December 16, 2014, Order. The
19 parties are committed to making a further attempt to reach agreement that will address all of
20 the Court’s concerns and, thereafter, to seeking the Court’s approval of the revised
21 agreement. Progress has been made on a number of issues; for example, the parties are in
22 agreement to remove the provision for reversion, and are exploring options for the handling
23 of any unclaimed funds. However, discussions are still in process, and no final agreement
24 has yet been reached. For these reasons, the parties believe they would benefit from a 3025 day extension in which to complete their negotiations and to prepare their papers in support
26 of approval. Accordingly, the parties respectfully request that the deadline for submission
27 be extended to March 18, 2015; that the March 11, 2015, and date currently set for the
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JOINT STIP. FOR A 30-DAY EXTENSION OF TIME TO FILE NEW MOT. FOR SETTLEMENT APPROVAL AND
REQUEST TO VACATE CMC AND [PROPOSED ORDER]
Case No.: 3:12-cv-05524-JST/MEJ

1 Case Management Conference be vacated; and that a Case Management Conference be
2 set for a date in April.
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4 Respectfully submitted,
5 Dated: February 12, 2015

Dated: February 12, 2015

6 WEINHAUS & POTASHNICK

MILLER LAW GROUP
A Professional Corporation

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By:

/s/ Mark A. Potashnick
Mark Potashnick
Attorneys for Plaintiffs
CHRISTOPHER OTEY, MARY GRETH
and the conditionally FLSA collective
action class

By:

/s/ Tracy Thompson
Tracy Thompson
Attorneys for Defendants
CROWDFLOWER, INC., LUKAS
BIEWALD, and CHRIS VAN PELT

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[PROPOSED] ORDER

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Good cause appearing, the foregoing Joint Stipulation for a 30-Day Extension

15 of Time to File New Motion for Settlement Approval is hereby approved, and it is hereby
16 ordered that:
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1.

Plaintiffs may file a new motion for settlement approval by March 18, 2015;

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2.

The Case Management Conference currently set for March 11, 2015 is

19 vacated;
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3.

In the event Plaintiffs do not file a motion by March 18, 2015, a Case

April 8
2:00p.m.
21 Management Conference is set for ________________, 2015 at_________.
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FO

RT

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LI

NO

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HONORABLE JON S. TIGAR
UNITED STATES DISTRICT COURT JUDGE
ar
n S . Ti g
J u d ge J o

H

JOINT STIP. FOR A 30-DAY EXTENSION OF TIME TO FILE NEW MOT. FOR SETTLEMENT APPROVAL AND
ER
C
N
REQUEST TO VACATE CMC AND [PROPOSED ORDER]
F
D IS T IC T O
Case No.: 3:12-cv-05524-JST/MEJ
R

A

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R NIA

S

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RT
U
O

PURSUANT TO STIPULATION, IT IS SO ORDERED
S DISTRICT
TE
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C
TA
25 Dated: February 13, 2015

UNIT
ED

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