Mohamed v. Uber Technologies, Inc. et al

Filing 180

STIPULATION AND ORDER re 179 TO VACATE CMC AND VACATE OR EXTEND DEADLINE TO RESPOND TO AMENDED CONSOLIDATED COMPLAINT filed by Rasier, LLC, Uber Technologies, Inc. Case Management Statement due by 7/28/2016. Further Case Management Conference set for 8/4/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 6/22/16. (bpfS, COURT STAFF) (Filed on 6/22/2016)

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GOLDSTEIN, BORGEN, DARDARIAN & HO
Laura L. Ho (SBN 173179)
[e-mail]
Andrew P. Lee (SBN 245903)
[e-mail]
William C. Jhaveri-Weeks (SBN 289984)
[e-mail]
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Tel: [phone]
Fax: [phone]
AHDOOT & WOLFSON, PC
Tina Wolfson (SBN 174806)
[e-mail]
Robert Ahdoot (SBN 172098)
[e-mail]
Theodore W. Maya (SBN 223242)
[e-mail]
Bradley K. King (SBN 274399)
[e-mail]
1016 Palm Avenue
West Hollywood, CA 90069
Tel: [phone]
Fax: [phone]
LAWYERS’ COMMITTEE FOR CIVIL RIGHTS
OF THE SAN FRANCISCO BAY AREA
Meredith Desautels (SBN 259725)
[e-mail]
Dana Isaac Quinn (SBN 278848)
[e-mail]
131 Steuart Street, Suite 400
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs and the Putative Classes
[Additional Counsel Listed on Following Page]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
IN RE UBER FCRA LITIGATION

CASE NO. 14-cv-05200-EMC
JOINT STIPULATION TO VACATE CMC
AND VACATE OR EXTEND DEADLINE TO
RESPOND TO AMENDED
CONSOLIDATED COMPLAINT
[PROPOSED] ORDER FILED
CONCURRENTLY HEREWITH

JOINT STIPULATION TO VACATE CMC AND VACATE OR EXTEND DEADLINE TO RESPOND TO
AMENDED CONSOLIDATED COMPLAINT – CASE NO. 14-CV-05200-EMC

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GIBSON, DUNN & CRUTCHER LLP
THEODORE J. BOUTROUS, JR., SBN 132099
[e-mail]
THEANE EVANGELIS, SBN 243570
[e-mail]
DHANANJAY MANTHRIPRAGADA,
SBN 254433
[e-mail]
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520

SEYFARTH SHAW LLP
PAMELA Q. DEVATA (admitted pro hac vice)
[e-mail]
131 South Dearborn Street, Suite 2400
Chicago, Illinois 60603
Telephone:
[phone]
Facsimile:
[phone]
SEYFARTH SHAW LLP
TIMOTHY L. HIX (SBN 184372)
[e-mail]
333 S. Hope Street, Suite 3900
Los Angeles, California 90071
Telephone:
[phone]
Facsimile:
[phone]

JOSHUA S. LIPSHUTZ, SBN 242557
[e-mail]
KEVIN J. RING-DOWELL, SBN 278289
[e-mail]
555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
Telephone: [phone]
Facsimile: 415.393.8306

Attorneys for Defendant
Hirease, LLC

Attorneys for Defendants
Uber Technologies, Inc. and Rasier, LLC

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JOHN C. FISH, Jr., Bar No. 160620
[e-mail]
ROD M. FLIEGEL, Bar No. 168289
[e-mail]
ANDREW M. SPURCHISE, Bar No. 245998
[e-mail]
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
Uber Technologies, Inc. and Rasier, LLC

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JOINT STIPULATION TO VACATE CMC AND VACATE OR EXTEND DEADLINE TO RESPOND TO
AMENDED CONSOLIDATED COMPLAINT – CASE NO. 14-CV-05200-EMC

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TO THE COURT, THE PARTIES, AND THEIR ATTORNEYS OF RECORD:

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Pursuant to Civil Local Rule 7-12, Plaintiffs Ronald Gillette, Abdul Mohamed, Shannon

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Wise, Brandon Farmer, and Meghan Christenson (collectively, “Plaintiffs”), Defendants Uber

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Technologies, Inc. and Rasier, LLC (together, “Uber”), and Defendant Hirease, LLC (“Hirease”)

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(together with Plaintiffs and Uber, the “Parties”), by and through their respective counsel of record,

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hereby stipulate as follows:

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WHEREAS, on March 30, 2016, the Parties participated in mediation before a private

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mediator. While the mediation was productive, the parties were unable to reach resolution on March

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30, 2016, and scheduled a second day of mediation for May 2, 2016.

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WHEREAS, on April 12, 2016, the Court granted a joint stipulation filed by the Parties,

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permitting Plaintiffs to file an Amended Consolidated Complaint and setting the deadline for Uber

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and Hirease to respond to the Complaint as “thirty (30) days after the amended consolidated

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complaint is filed or thirty (30) days after the second day of mediation occurs, whichever is later ….”

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ECF No. 170 at 3.

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WHEREAS, on April 13, 2016, Plaintiffs filed an Amended Consolidated Complaint. See
ECF No. 171.

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WHEREAS, on May 2, 2016, the Parties participated in a second mediation session before a

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private mediator. The Parties were unable to reach a settlement-in-principle at that time; however,

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the mediation session was productive and settlement discussions continued after that session.

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WHEREAS, on May 26, 2016, the Court granted a joint stipulation filed by the Parties setting

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June 22, 2016 as the deadline for Uber and Hirease to respond to the Amended Consolidated

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Complaint, in light of the “continuing resolution discussions” between the Parties. ECF No. 174.

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WHEREAS, Plaintiffs filed a notice of settlement on June 15, 2016, advising the Court that

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Plaintiffs and Uber have reached a settlement-in-principle in this case, have “executed a

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Memorandum of Understanding (‘MOU’), and are in the process of preparing [a] final settlement

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agreement and related documentation.” ECF No. 178 at 1.

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WHEREAS, Plaintiffs and Hirease continue to engage in good faith settlement negotiations in
an effort to reach their own settlement.
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JOINT STIPULATION TO VACATE CMC AND VACATE OR EXTEND DEADLINE TO RESPOND TO
AMENDED CONSOLIDATED COMPLAINT – CASE NO. 14-CV-05200-EMC

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WHEREAS, this is Defendants’ third request to vacate or extend the time to respond to the
Amended Consolidated Complaint.

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WHEREAS, the Court previously scheduled a Case Management Conference for June 30,

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2016 (10:00 a.m.), and Civil Local Rule 16-10(d) therefore requires the Parties to file a Joint Case

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Management Statement on or before June 23, 2016.

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WHEREAS, in light of the settlement-in-principle between Plaintiffs and Uber, as well as the

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ongoing resolution discussions between Plaintiffs and Hirease, the Parties believe that it would

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preserve the time and resources of both the Parties and the Court to vacate the Case Management

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Conference scheduled for June 30, 2016 and the accompanying Joint Case Management Statement

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filing deadline.

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NOW THEREFORE, the Parties stipulate, subject to the approval of this Court, as follows:

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1.

In light of the settlement-in-principle between Uber and Plaintiffs, Uber’s deadline to

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file a responsive pleading is hereby vacated, until and unless this Court denies Plaintiffs’ forthcoming

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motion(s) for preliminary and/or final settlement approval.

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motion(s) for preliminary and/or final settlement approval, Uber’s responsive pleading deadline shall

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be thirty (30) days after the Court issues its order denying settlement approval.

Should this Court deny Plaintiffs’

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2.

Hirease’s deadline to file a responsive pleading is hereby extended to July 6, 2016.

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3.

The Case Management Conference scheduled for June 30, 2016 (10:00 a.m.) is

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vacated. Therefore, the parties shall not be required to submit a Joint Case Management Statement

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on or before June 23, 2016.

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Dated: June 22, 2016

Respectfully submitted,
GOLDSTEIN, BORGEN, DARDARIAN & HO
Laura L. Ho
Laura L. Ho
Attorneys for Plaintiffs and the Putative Class

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JOINT STIPULATION TO VACATE CMC AND VACATE OR EXTEND DEADLINE TO RESPOND TO
AMENDED CONSOLIDATED COMPLAINT – CASE NO. 14-CV-05200-EMC

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Dated: June 22, 2016

Respectfully submitted,

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AHDOOT & WOLFSON, P.C.

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Tina Wolfson
Tina Wolfson
Attorneys for Plaintiffs and the Putative Class

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Dated: June 22, 2016

Respectfully submitted,

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LITTLER MENDELSON, P.C.

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Rod Fliegel
Rod M. Fliegel

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Attorneys for Defendants Uber Technologies, Inc.
and Rasier, LLC

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Dated: June 22, 2016

Respectfully submitted,

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GIBSON, DUNN & CRUTCHER LLP

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Joshua Lipshutz
Joshua Lipshutz
Attorneys for Defendants Uber Technologies, Inc.
and Rasier, LLC

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Dated: June 22, 2016

Respectfully submitted,
SEYFARTH SHAW LLP

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Timothy Hix
Timothy Hix
Attorneys for Defendant Hirease, LLC

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PURSUANT TO JOINT STIPULATION, IT IS SO ORDERED.

25 is reset for 8/4/16 at 10:30 a.m.
Dated: ___________, 2016

RT
U
O

DERED

. Chen

dward M

Judge E

FO

NO

4

R NIA

R
O OEdward
The Honorable DIFIED M. Chen
IT IS S
S MO District Judge
A
United States

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H

LI

RT

JOINT STIPULATION TO VACATE CMC AND VACATE OR EXTEND DEADLINE TO RESPOND TO
E
AMENDED CONSOLIDATED COMPLAINT – CASERNO. 14-CV-05200-EMC
C
N
F
A

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ISTRIC
ES D
TC
AT
T
_________________________

S

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The Further CMC

An updated joint CMC statement shall be filed

by 7/28/16.
June 22

UNIT
ED

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[PROPOSED] ORDER

D IS T IC T O
R

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ECF ATTESTATION
I hereby attest that I have on file all holographic signatures corresponding to any signatures
indicated by a conformed signature (/s/) within this e-filed document.
Dated: June 22, 2016

GIBSON DUNN & CRUTCHER, LLP
By /s/ Kevin J. Ring-Dowell
Kevin J. Ring-Dowell

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Attorneys for Defendants Uber Technologies,
Inc. and Rasier, LLC

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JOINT STIPULATION TO VACATE CMC AND VACATE OR EXTEND DEADLINE TO RESPOND TO
AMENDED CONSOLIDATED COMPLAINT – CASE NO. 14-CV-05200-EMC