Otey v. Crowdflower, Inc. et al

Filing 215

STIPULATION AND ORDER re 214 STIPULATION WITH PROPOSED ORDER Joint Stipulation for a 15-Day Extension to File New Motion for Settlement Approval and Request to Vacate Case Management Conference and [Proposed Order] filed by Chris Van Pelt, Crowdflower, Inc., Lukas Biewald. Case Management Statement due by 4/2/2015. 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 March 12, 2015. (wsn, COURT STAFF) (Filed on 3/13/2015)

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M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

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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]
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]

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

Ira Spiro (SBN 67641)
SPIRO LAW CORP.
10573 West Pico Blvd., #865
Los Angeles, CA 90064
310-235-2350 (T)
[e-mail]

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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

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CHRISTOPHER OTEY & MARY GRETH, on
21 behalf of themselves and all others similarly
situated,
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Plaintiff,
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v.
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CROWDFLOWER, INC., LUKAS BIEWALD
25 AND CHRIS VAN PELT,

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

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Complaint filed: October 26, 2012

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JOINT STIPULATION FOR A 15-DAY
EXTENSION OF TIME TO FILE NEW
MOTION FOR SETTLEMENT APPROVAL
AND REQUEST TO VACATE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED ORDER]

Defendant(s).

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JOINT STIP. FOR A 15-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

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

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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 15-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.)

M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

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2.

By Order dated February 13, 2015, the Court permitted the Plaintiffs to file a

12 new motion for settlement approval by March 18, 2015.
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3.

The Court further vacated the Case Management Conference set for March

14 11, 2015, and set a Case Management Conference for April 8, 2015 in the event that
15 Plaintiffs do not file their Motion for Settlement Approval by March 18.
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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 believe that they are close to reaching a new agreement but feel they would benefit
20 from a further brief extension to resolve the few remaining issues and prepare their briefs in
21 support of the new proposed agreement.
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JOINT STIP. FOR A 15-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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Accordingly, the parties respectfully request that the deadline for submission be

2 extended by 15 days to April 1, 2015; that the April 8, 2015, date currently set for the Case
3 Management Conference be vacated; and that a Case Management Conference be set for
4 a later date.
5 Respectfully submitted,
Dated: March 12, 2015
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Dated: March 12, 2015

7 WEINHAUS & POTASHNICK

MILLER LAW GROUP
A Professional Corporation

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9 By:
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M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

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/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

[PROPOSED] ORDER

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Good cause appearing, the foregoing Joint Stipulation for a 15-Day Extension

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

Plaintiffs may file a new motion for settlement approval by April 1, 2015;

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2.

The Case Management Conference currently set for April 8, 2015 is vacated;

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3.

In the event Plaintiffs do not file a motion by April 1, 2015, a Case

20 Management Conference is set for April 8, 2015 at 2:00 p.m. The parties’ Case
21 Management Statement will be due by April 2, 2015.
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PURSUANT TO STIPULATION, IT IS SO ORDERED

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25 Dated: March 12, 2015
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HONORABLE JON S. TIGAR
UNITED STATES DISTRICT COURT JUDGE
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JOINT STIP. FOR A 15-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