Otey v. Crowdflower, Inc. et al

Filing 217

STIPULATION AND ORDER re 216 STIPULATION WITH PROPOSED ORDER - Joint Stipulation for a 7-Day Extension of Time 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 Further Case Management Conference set for 4/15/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on April 6, 2015. (wsn, COURT STAFF) (Filed on 4/6/2015)

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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]

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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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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

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 7-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 7-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 7-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 April 8, 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.

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

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

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.

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

17 motion for settlement approval by April 1, 2015, with a Case Management Conference set
18 for April 8, 2015, in the event the Plaintiffs did not file their Motion for Settlement Approval
19 by April 1.
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5.

The parties have now reached agreement on the terms of a revised settlement

21 agreement which address the concerns expressed by the Court in the December 16, 2014,
22 Order, but request a further brief extension so as to collect signatures, conform the
23 necessary exhibits to the revised settlement agreement, and finalize their briefs in support of
24 the new proposed agreement.
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JOINT STIP. FOR A 7-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 7 days to April 8, 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,
6 Dated: April 1, 2015

Dated: April 1, 2015

7 WEINHAUS & POTASHNICK

MILLER LAW GROUP
A Professional Corporation

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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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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 7-Day Extension

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

Plaintiffs may file a new motion for settlement approval by April 8, 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 8, 2015, a Case

2:00 p.m.
April 15
21 Management Conference is set for ________________, 2015 at_________.
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PURSUANT TO STIPULATION, IT IS SO ORDERED

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25 Dated:

April 6, 2015

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HONORABLE JON S. TIGAR
UNITED STATES DISTRICT COURT JUDGE

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4844-7860-9442, v. 1

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JOINT STIP. FOR A 7-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