O'Connor et al v. Uber Technologies, Inc. et al

Filing 42

STIPULATION AND ORDER re 41 Plaintiffs' Renewed Motion for Protective Order to Strike Arbitration Clauses and Defendants' Motion to Dismiss Class Action Complaint filed by Douglas O'Connor Case Management Statement due by 12/5/2013. Case Management Conference set for 12/12/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/7/13. Motions reset for 11/14/13.(bpf, COURT STAFF) (Filed on 10/7/2013)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

SHANNON LISS-RIORDAN, pro hac vice
([e-mail])
SARA SMOLIK, pro hac vice
([e-mail])
LICHTEN & LISS-RIORDAN, P.C.
100 Cambridge Street, 20th Floor
Boston, MA 02114
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
DOUGLAS O’CONNOR, and THOMAS COLOPY
ROBERT JON HENDRICKS (SBN 179751)
([e-mail])
STEPHEN L. TAEUSCH (SBN 247708)
([e-mail])
MORGAN, LEWIS & BOCKIUS LLP
One Market Street, Spear Street Tower
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
UBER TECHNOLOGIES, INC.,
TRAVIS KALANICK, and RYAN GRAVES
(Additional counsel listed on signature page)

16
17

U ITED STATES DISTRICT COURT
ORTHER DISTRICT OF CALIFOR IA
SA FRA CISCO DIVISIO

18
19
20

DOUGLAS O’CONNOR and THOMAS COLOPY,
individually and on behalf of all others similarly
situated,

21
22
23

Plaintiffs,
v.

24

UBER TECHNOLOGIES, INC., TRAVIS
KALANICK, and RYAN GRAVES

25

Defendants.

26
27

Case No. CV 13-3826-EMC
CLASS ACTIO
STIPULATIO A D [PROPOSED]
ORDER RE PLAI TIFFS’ RE EWED
EMERGE CY MOTIO FOR
PROTECTIVE ORDER TO STRIKE
ARBITRATIO CLAUSES A D
DEFE DA TS’ MOTIO TO DISMISS
PLAI TIFFS’ CLASS ACTIO
COMPLAI T (modified)
Hearing Date:
Time:
Before the Hon. Edward M. Chen

28
STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ MOTION TO DISMISS COMPLAINT AND
PLAINTIFFS’ RENEWED EMERGENCY MOTION FOR PROTECTIVE ORDER

CASE NO. CV13-3826-EMC

1

STIPULATIO

2

Plaintiffs DOUGLAS O’CONNOR and THOMAS COLOPY (“Plaintiffs”) and Defendants

3

UBER TECHNOLOGIES, INC., TRAVIS KALANICK, and RYAN GRAVES (“Defendants”)

4

(collectively, the “Parties”), through their counsel, hereby stipulate and agree that:

5
6

WHEREAS, Plaintiffs filed Plaintiffs’ Renewed Emergency Motion for Protective Order to
Strike Arbitration Clauses [Dkt. No. 15] with the Court on August 26, 2013;

7

WHEREAS, the Court issued a Notice [Dkt. No. 38] on September 18, 2013, which set the

8

hearing date for Plaintiffs’ Renewed Emergency Motion for Protective Order to Strike Arbitration

9

Clauses as October 17, 2013 at 1:30pm;

10
11

WHEREAS, Defendants filed Defendants’ Motion to Dismiss Plaintiffs’ Class Action
Complaint [Dkt. No. 39] with the Court on September 25, 2013;

12
13

WHEREAS, the hearing date for Defendants’ Motion to Dismiss Plaintiffs’ Class Action
Complaint [Dkt. No. 39] was set as October 31, 2013 at 01:30pm;

14

WHEREAS, the Parties have conferred and agreed to consolidate the hearing dates for

15

Plaintiffs’ Renewed Emergency Motion (October 17, 2013) and Defendants’ Motion to Dismiss

16

(October 31, 2013) and to schedule them both for November 7, 2013, at 01:30pm, pending approval

17

of this Court;

18
19

WHEREAS, the Court set the response date for Defendants’ Motion to Dismiss as October 9,
2013, and the reply date as October 16, 2013;

20
21

WHEREAS, the Parties have conferred and agreed to revise the response date for
Defendants’ Motion to Dismiss as October 17, 2013, and the reply date as October 24, 2013;

22

WHEREAS, the Court issued a Case Management Scheduling Order [Dkt. No. 24] on

23

September 3, 2013, which set the initial scheduling conference date as November 21, 2013;

24

WHEREAS, the Parties have conferred and agreed to postpone the initial scheduling

25

conference set for November 21, 2013 until after the Court rules on the two motions referenced

26

above;

27
28

1
STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ MOTION TO DISMISS COMPLAINT AND
PLAINTIFFS’ RENEWED EMERGENCY MOTION FOR PROTECTIVE ORDER

CASE NO. CV13-3826-EMC

1

NOW, THEREFORE, Plaintiffs and Defendants, through their respective counsel, hereby

2

stipulate, subject to the approval of this Court, that the hearing dates for Plaintiffs’ Renewed

3

Emergency Motion for Protective Order to Strike Arbitration Clauses and Defendants’ Motion to

4

Dismiss Plaintiffs’ Class Action Complaint be consolidated and rescheduled for November 7, 2013

5

at 01:30pm, and to extend the time allotted for Plaintiffs to respond to Defendants’ Motion to

6

Dismiss Complaint, and Defendants to reply to Plaintiffs’ response, to October 17, 2013 and October

7

24, 2013, respectively.

14

8
9

IT IS SO STIPULATED.
DATED: October 4, 2013

LICHTEN & LISS-RIORDAN, P.C.
A Professional Corporation

10
By:

11
12

/s/ Shannon Liss-Riordan_____________
SHANNON LISS-RIORDAN, pro hac vice
SARA SMOLIK, pro hac vice
Attorneys for Plaintiffs

13
14

DATED: October 4, 2013

MORGAN LEWIS, LLP.
By:

15

/s/RobertJonHendricks
ROBERT JON HENDRICKS
STEPHEN L. TAEUSCH
Attorney for Defendants

16
17
18

[PROPOSED] ORDER

19
PURSUA T TO STIPULATIO , IT IS SO ORDERED. The two motions are reset

28

R NIA

en

ER

FO

d M. Ch

dwar
Judge E

H

27

RT

26

D
The Honorable Edward M. Chen
RDERE
S SO O United States District Court Judge
IT I
IFIED
S MOD
A

NO

25

for 11/14/13 at 1:30 p.m. The
CMC is reset for 12/12/13 at
9:00 a.m. A joint CMC statement
shall be filed by 12/5/13.

LI

24

10/7/13

UNIT
ED

23

DATED:

S DISTRICT
TE
C
TA

RT
U
O

22

S

21

A

20

N

F
D IS T IC T O
R2

C

STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ MOTION TO DISMISS COMPLAINT AND
PLAINTIFFS’ RENEWED EMERGENCY MOTION FOR PROTECTIVE ORDER

CASE NO. CV13-3826-EMC

1
2
3
4
5
6
7

Additional Counsel
For Plaintiffs, individually and on behalf of all others similarly situated:
MONIQUE OLIVIER (SBN 190385)
([e-mail])
DUCKWORTH, PETERS, LEBOWITZ, OLIVIER LLP
100 Bush Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ MOTION TO DISMISS COMPLAINT AND
PLAINTIFFS’ RENEWED EMERGENCY MOTION FOR PROTECTIVE ORDER

CASE NO. CV13-3826-EMC

1
2

Attestation
I, Shannon Liss-Riordan, am the ECF user whose ID and password are being used to file this

3

STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ MOTION TO DISMISS

4

PLAINTIFFS’ CLASS ACTION COMPLAINT AND PLAINTIFFS’ RENEWED MOTION FOR

5

PROTECTIVE ORDER TO STRIKE ARBITRATION CLAUSES. In compliance with General

6

Order 45, I hereby attest that Robert Jon Hendricks, counsel for Defendants, has concurred in this

7

filing.

8
9
10

Dated: October 4, 2013

By:

/s/ Shannon Liss-Riordan__________
SHANNON LISS-RIORDAN
Attorney for Plaintiffs

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ MOTION TO DISMISS COMPLAINT AND
PLAINTIFFS’ RENEWED EMERGENCY MOTION FOR PROTECTIVE ORDER

CASE NO. CV13-3826-EMC