Curry v. Yelp Inc. et al

Filing 65

STIPULATION AND ORDER re 64 STIPULATION WITH PROPOSED ORDER Continuing the October 1, 2015 Hearing on Defendants' Motion to Dismiss the First Amended Complaint to October 22, 2015 filed by Geoffrey Donaker, Yelp Inc., Robert J. Krolik, Jeremy Stoppelman. Signed by Judge Jon S. Tigar on August 28, 2015. (wsn, COURT STAFF) (Filed on 8/28/2015)

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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 CONTINUING THE
OCTOBER 1, 2015 HEARING ON
DEFENDANTS’ MOTION TO DISMISS
THE FIRST AMENDED COMPLAINT
TO OCTOBER 22, 2015

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STIP AND [PROP] ORDER TO CONTINUING HEARING ON DEFENDANTS’
MOTION TO DISMISS THE FIRST AMENDED COMPLAINT

CASE NO. 3:14-cv-03547

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WHEREAS, on May 21, 2015, Plaintiffs’ filed their First Amended Class Action
Complaint (Dkt. No. 55);
WHEREAS, on May 28, 2015, the parties filed a stipulation and proposed order providing

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for a briefing and hearing schedule that took into account scheduling conflicts of counsel,

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personal medical issues and planned summer vacations (Dkt. No. 57);

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WHEREAS, that proposed briefing and hearing schedule provided for the hearing on

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Defendants’ Motion To Dismiss The First Amended Complaint to be set for September 15, 2015

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at 2:00 p.m.;

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WHEREAS, on May 29, 2015 the Court so-ordered the proposed briefing and hearing
schedule (Dkt. No. 58);
WHEREAS, on June 26, 2015, the Court continued the hearing on Defendants’ Motion To
Dismiss the First Amended Complaint to October 1, 2015, due to a change in its availability;
WHEREAS, Defendants’ counsel who will be arguing the motion is scheduled to appear

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in a FINRA arbitration in New Jersey on October 1, 2015, which matter that was scheduled for

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hearing prior to this Court’s order of June 26;

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WHEREAS, said arbitration case was mediated last week in New York and did not settle
at mediation and, therefore, it is now necessary to reschedule the hearing in this matter;
WHEREAS, the parties have met and conferred and agreed to continue the hearing to
October 22, 2015.
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.

The hearing on Defendants’ motion to dismiss shall be re-set for October 22, 2015,

at 2:00 p.m.;
2.

The parties have not previously continued the noticed hearing date on Defendants’

Motion To Dismiss the First Amended Complaint; and
STIP AND [PROP] ORDER TO CONTINUING HEARING ON DEFENDANTS’
MOTION TO DISMISS THE FIRST AMENDED COMPLAINT
35321271v1

CASE NO. 3:14-cv-03547

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3.

The parties do not seek to continue this date for the purpose of delay. The

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

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schedule these dates.

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SO STIPULATED.

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DATED: Aug. 27, 2015

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

DATED: Aug. 27, 2015

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

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STIP AND [PROP] ORDER TO CONTINUING HEARING ON DEFENDANTS’
MOTION TO DISMISS THE FIRST AMENDED COMPLAINT
35321271v1

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 Continuing The October 1, 2015 hearing on

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Defendants’ Motion To Dismiss The First Amended Complaint To October 22, 2015. In

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compliance with Local Rule 5-1(i)(3), I hereby attest that counsel for defendants, Shawn A.

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Williams concurs in this filing.

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DATED: Aug. 27, 2015

/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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August 28, 2015
DATED: ______________

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

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STIP AND [PROP] ORDER TO CONTINUING HEARING ON DEFENDANTS’
MOTION TO DISMISS THE FIRST AMENDED COMPLAINT
35321271v1

CASE NO. 3:14-cv-03547