Curry v. Yelp Inc. et al

Filing 68

STIPULATION AND ORDER re 67 STIPULATION WITH PROPOSED ORDER Continuing the October 29, 2015 Hearing on Defendants' Motion to Dismiss the First Amended Complaint filed by Geoffrey Donaker, Yelp Inc., Robert J. Krolik, Jeremy Stoppelman. Signed by Judge Jon S. Tigar on October 7, 2015. (wsn, COURT STAFF) (Filed on 10/7/2015)

1
2
3
4
5
6
7
8

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

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13
14

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

15
16
17
18
19
20
21

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

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

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

STIPULATION AND [PROPOSED]
ORDER CONTINUING THE
OCTOBER 29, 2015 HEARING ON
DEFENDANTS’ MOTION TO DISMISS
THE FIRST AMENDED COMPLAINT

22
23
24
25
26
STIP AND [PROPOSED] ORDER TO CONTINUING HEARING ON DEFENDANTS’
MOTION TO DISMISS THE FIRST AMENDED COMPLAINT

CASE NO. 3:14-cv-03547

1
2
3

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

4

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

5

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

6

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

7

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

8

at 2:00 p.m.;

9
10
11

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, on its own motion, continued the hearing on

12

Defendants’ Motion To Dismiss the First Amended Complaint to October 1, 2015, due to a

13

change in its availability;

14
15
16
17
18

WHEREAS, Defendants’ counsel was unavailable on October 1, 2015, and, pursuant to
the parties’ stipulation, the Court continued the hearing to October 22;
WHEREAS, on September 29, the Court, on its own motion, rescheduled oral argument
to October 29 (Dkt. No. 66);
WHEREAS, October 29 presents a conflict for counsel who will be arguing the motion for

19

defendants, as he has a hearing scheduled in Alaska Superior Court in Anchorage and will be

20

unable to return in time for this hearing date;

21

WHEREAS, the parties have met and conferred and reviewed the court’s calendar as to its

22

availability and the calendars of counsel and clients who must be at the hearing, and have agreed

23

to propose to the Court the following potential hearing dates: November 10 or December 3.

24

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

25

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

26

as follows:
STIP AND [PROPOSED] ORDER TO CONTINUING HEARING ON
DEFENDANTS’ MOTION TO DISMISS THE FIRST AMENDED COMPLAINT
35321271v1

CASE NO. 3:14-cv-03547

1.

1
2
3
4
5

at [

The hearing on Defendants’ motion to dismiss shall be re-set for [see above]

].;
2.

The parties have not previously continued the last noticed hearing date on

Defendants’ Motion To Dismiss the First Amended Complaint; and
3.

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

6

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

7

schedule these dates.

8
9
10

SO STIPULATED.
DATED: October 7, 2015

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

DATED: October 7, 2015

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

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

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

CASE NO. 3:14-cv-03547

1
2

Certificate Pursuant to Local Rule 5-1(i)(3)
I, Gilbert R. Serota, am the ECF User whose identification and password are being used to

3

file this Stipulation and [Proposed] Order Continuing The October 1, 2015 hearing on

4

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

5

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

6

Williams concurs in this filing.

7
8

DATED: October 7, 2015

/s/ Gilbert R. Serota
GILBERT R. SEROTA

9
10

*

11

*

*

ORDER

12
13

Based on the stipulation of the parties, and good cause appearing therefore, IT IS

14

HEREBY ORDERED that the hearing on Defendants’ Motion to Dismiss the First Amended

15

Complaint shall be re-calendared for November 10, 2015 at 9:30AM.

16

PURSUANT TO STIPULATION, IT IS SO ORDERED.

17
18

DATED: October 7, 2015

19

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

20
21
22
23
24
25
26
STIP AND [PROPOSED] ORDER TO CONTINUING HEARING ON
DEFENDANTS’ MOTION TO DISMISS THE FIRST AMENDED COMPLAINT
35321271v1

CASE NO. 3:14-cv-03547