Curry v. Yelp Inc. et al

Filing 58

STIPULATION AND ORDER re 57 STIPULATION WITH PROPOSED ORDER to Establish Schedule for Briefing on Defendants' Motion to Dismiss the First Amended Class Action Complaint and to Reset Initial Case Management Conference filed by Geo ffrey Donaker, Yelp Inc., Robert J. Krolik, Jeremy Stoppelman. Motion Hearing set for 9/10/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on May 29, 2015. (wsn, COURT STAFF) (Filed on 5/29/2015)

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GILBERT R. SEROTA (SBN 75305)
MARJORY GENTRY (SBN 240887)
RYAN KEATS (SBN 296463)
ARNOLD & PORTER LLP
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendants
YELP INC., JEREMY STOPPELMAN, ROB KROLIK and
GEOFFREY DONAKER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH CURRY, Individually and on Behalf of
All Others Similarly Situated,

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Plaintiff,

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vs.

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YELP INC., JEREMY STOPPELMAN, ROB
KROLIK and GEOFFREY DONAKER,
Defendants.

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Case No. 3:14-cv-03547
CLASS ACTION

STIPULATION AND [PROPOSED]
ORDER TO ESTABLISH SCHEDULE
FOR BRIEFING ON DEFENDANTS’
MOTION TO DISMISS THE FIRST
AMENDED CLASS ACTION
COMPLAINT AND TO RESET
INITIAL CASE MANAGEMENT
CONFERENCE

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STIP AND [PROP] ORDER TO ESTABLISH SCHEDULE FOR BRIEFING ON
DEFENDANTS’ ANTICIPATED MTD AND TO RESET INITIAL CMC

CASE NO. 3:14-cv-03547

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WHEREAS, on January 5, 2015, Plaintiffs filed their Consolidated Class Action
Complaint (Dkt. No. 33);
WHEREAS, on February 6, 2015, Defendants filed a Motion to Dismiss the Consolidated
Class Action Complaint (Dkt. No. 34);
WHEREAS, on April 21, 2015, the Court granted Defendants’ Motion to Dismiss the

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Consolidated Class Action Complaint, and gave Plaintiffs leave to amend their complaint on or

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before May 21, 2015 (Dkt. No. 48);

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WHEREAS, on April 23, 2015 the Court set the Initial Case Management Conference for
August 26, 2015 (Dkt. No. 49);
WHEREAS, on May 21, 2015, Plaintiffs’ filed their First Amended Class Action
Complaint (Dkt. No. 55);

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WHEREAS, Defendants intend to file a motion to dismiss the First Amended Complaint;

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WHEREAS, the parties have met and conferred concerning a briefing and hearing

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schedule that takes into account scheduling conflicts of counsel, personal medical issues and

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planned summer vacations; and

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WHEREAS, the parties agree that the in light of the foregoing concerns the interest of

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judicial efficiency, administration of justice and conservation of judicial and private resources

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would be best served by establishing a schedule for briefing on Defendants’ motion to dismiss

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and to defer the initial case management conference and related deadlines (including ADR

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deadlines) until the Court has ruled on Defendants’ motion to dismiss.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT

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TO APPROVAL BY THIS COURT, by the parties through their respective counsel of record,

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as follows:

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1.

Defendants shall file and serve their motion to dismiss the First Amended

Complaint on or before June 26, 2015;

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STIP AND [PROP] ORDER TO ESTABLISH SCHEDULE FOR BRIEFING ON
DEFENDANTS’ ANTICIPATED MTD AND TO RESET INITIAL CMC
35242463v1

CASE NO. 3:14-cv-03547

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2.

Plaintiffs shall file and serve their opposition to defendants’ motion to dismiss on

or before July 31, 2015;
3.

Defendants shall file and serve their reply in support of their motion to dismiss on

or before August 21, 2015;
4.

The hearing on Defendants’ motion to dismiss shall be set for September 10, 2015,

at 2:00 p.m.;
5.

The case management conference presently scheduled in the above-captioned

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action for August 26, 2015, along with any associated deadlines under the Federal Rules of Civil

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Procedure and Local Rules (including ADR deadlines), shall be vacated, and reset to a date after

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the Court rules on Defendants’ anticipated motion to dismiss the consolidated complaint;
6.

The parties have sought (and received) one other extension of time in this action in

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connection with the time for Defendants to respond to the initial class action complaint until after

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a lead plaintiffs was appointed and given the opportunity to file a consolidated complaint. (Dkt.

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No. 8). The parties have not sought any other extensions of time related to the First Amended

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Complaint; and

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7.

The parties do not seek to reset these dates for the purpose of delay. The proposed

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new dates will not have an effect on any pre-trial and trial dates as the Court has yet to schedule

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these dates.

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SO STIPULATED.

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DATED: May ___, 2014

/s/ Gilbert R. Serota
GILBERT R. SEROTA
Arnold & Porter LLP
Counsel for Defendants

DATED: May ___, 2014

/s/ Shawn Williams
SHAWN WILLIAMS
ROBINS GELLER RUDMAN & DOWD LLP
Counsel for Plaintiff Joseph Curry

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STIP AND [PROP] ORDER TO ESTABLISH SCHEDULE FOR BRIEFING ON
DEFENDANTS’ ANTICIPATED MTD AND TO RESET INITIAL CMC
35242463v1

CASE NO. 3:14-cv-03547

Certificate Pursuant to Local Rule 5-1(i)(3)

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I, Gilbert R. Serota, am the ECF User whose identification and password are being used to

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file this Stipulation and [Proposed] Order To Establish Schedule for Briefing on Defendants’

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Anticipated Motion To Dismiss the First Amended Class Action Complaint and To Reset Initial

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Case Management Conference. In compliance with Local Rule 5-1(i)(3), I hereby attest that

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counsel for defendants, Shawn A. Williams concurs in this filing.

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DATED: May ___, 2014

/s/ Gilbert R. Serota
GILBERT R. SEROTA

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ORDER

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Based on the stipulation of the parties, and good cause appearing therefore, IT IS
HEREBY ORDERED that the Stipulation is approved.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: May 29, 2015

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________________________________________
THE HONORABLE. JON S. TIGAR
United States District Judge

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STIP AND [PROP] ORDER TO ESTABLISH SCHEDULE FOR BRIEFING ON
DEFENDANTS’ ANTICIPATED MTD AND TO RESET INITIAL CMC
35242463v1

CASE NO. 3:14-cv-03547