Mohamed v. Uber Technologies, Inc. et al

Filing 29

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER RE: REQUEST FOR ORDER CHANGING TIME AND CONSOLIDATING MOTION TO COMPEL ARBITRATION BRIEFING filed by Rasier, LLC, Uber Technologies, Inc. Responses due by 3/5/2015. Replies due by 3/20/2015. Motion Hearing set for 4/9/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 2/9/15. (bpf, COURT STAFF) (Filed on 2/9/2015)

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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.
650 California Street
20th Floor
San Francisco, California 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
Attorneys for Defendants
UBER TECHNOLOGIES, INC. AND RASIER,
LLC
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
ABDUL KADIR MOHAMED,
individually and on behalf of all others
similarly-situated,
Plaintiff,
v.
UBER TECHNOLOGIES, INC., RASIER,
LLC, HIREASE, LLC and DOES 1-50,
Defendants.

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Case No. 3:14-cv-05200-EMC
STIPULATED REQUEST FOR ORDER
CHANGING TIME AND
CONSOLIDATING MOTION TO
COMPEL ARBITRATION BRIEFING;
[PROPOSED] ORDER GRANTING
REQUEST FOR ORDER CHANGING
TIME AND CONSOLIDATING MOTION
TO COMPEL ARBITRATION BRIEFING
Complaint Filed: November 24, 2014
Trial Date: None set.

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

STIPULATED REQ FOR ORDER
CHANGING TIME/CONSOLIDATING
BRIEFING; [PROPOSED] ORDER

CASE NO. 3:14-CV-05200 EMC

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This Stipulation is entered into by and between Defendants Uber Technologies, Inc. and

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Rasier, LLC 1 through their counsel of record Littler Mendelson, P.C., Plaintiff Abdul Kadir

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Mohamed through his counsel of record Ahdoot & Wolfson, P.C and Plaintiff Ronald Gillette

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(Plaintiff in the related action Gillette v. Uber Technologies, Inc., Case No. 14-05241 EMC

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[“Gillette”]) through his counsel of record Goldstein, Borgen, Dardarian & Ho (collectively “the

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Parties”).

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schedule regarding Defendants’ motions to compel arbitration in Gillette and the instant action

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(“Mohamed”). The Parties also seek to continue the March 12, 2015 case management conference

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date and associated deadlines.

Pursuant to Local Rule 6-2, the Parties hereby stipulate to a consolidated briefing

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This Stipulation is based on the following:

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1.

Defendant Uber Technologies, Inc. filed a motion to compel arbitration in the Gillette

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action on January 23, 2015 and noticed the hearing for March 12, 2015.

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opposition is currently due for filing on February 6, 2015.

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2.

Plaintiff Gillette’s

Defendants Uber Technologies, Inc. and Rasier, LLC intend to file a motion to

compel arbitration in Mohamed on February 6, 2015.

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3.

The Court set a case management conference in Gillette for March 5, 2015, as well as

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associated case management and ADR deadlines, as set forth in the Court’s Order Setting Initial

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Case Management Conference and ADR Deadlines. The Court subsequently continued the case

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management conference and associated deadlines to March 12, 2015.

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4.

The Court set a case management conference in Mohamed for February 26, 2015, as

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well as associated case management and ADR deadlines, as set forth in the Court’s Order Setting

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Initial Case Management Conference and ADR Deadlines. The Court subsequently continued the

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case management conference and associated deadlines to March 12, 2015.

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5.

Given the overlap in legal and factual issues in the Gillette and Mohamed actions, the

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Parties met and conferred regarding a consolidated briefing schedule regarding Defendants’ motions

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to compel arbitration.

The Parties believe that consolidated briefing, hearing, and initial case

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

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Rasier, LLC is a defendant only in Mohamed.

STIPULATED REQ FOR ORDER
CHANGING TIME/CONSOLIDATING
BRIEFING; [PROPOSED] ORDER

1.

CASE NO. 3:14-CV-05200 EMC

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management schedules promote efficiency and will avoid undue repetition of facts, evidence and

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legal argument common to both actions. The Parties agree, however, that if consolidated briefs are

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filed, the page limits for the consolidated opposition and reply should be enlarged to ensure

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sufficient space to address factual and legal arguments specific to each Plaintiff.

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This request is not made for purposes of unnecessary delay and no party will be

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prejudiced by the granting of this request. Defendant Uber Technologies, Inc. and Plaintiff Gillette

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previously stipulated to an extension of Defendant’s time to file a responsive pleading. Defendants

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Uber Technologies, Inc. and Rasier, LLC and Plaintiff Mohamed previously stipulated to two

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extensions of Defendants’ time to file a responsive pleading.

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THEREFORE, the parties to this Stipulation hereby stipulate and request as follows:

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1.

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The Court order a consolidated opposition, reply and hearing with respect to

Defendants’ motions to compel arbitration in the Gillette and Mohamed matters.
2.

The Court enlarge the consolidated opposition brief page limit to 40 pages and the
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consolidated reply brief page limit to 25 pages.
3.

The Court set the following consolidated briefing schedule for the motion to compel

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arbitration previously filed in the Gillette action and the motion to compel arbitration anticipated to

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be filed in the Mohamed action:

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Plaintiffs’ deadline to file Consolidated
Opposition to Defendants’ Motions to
Compel Arbitration

March 5, 2015

Defendants’ deadline to file Consolidated
Reply to Plaintiffs’ Opposition
Motion to Compel Arbitration Hearing
4.

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March 23, 2015
April 9, 2015

The Court continue the March 12, 2015 case management conferences in the Gillette

and Mohamed actions to April 9, 2015, and that the Court continue all associated deadlines
accordingly.

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

STIPULATED REQ FOR ORDER
CHANGING TIME/CONSOLIDATING
BRIEFING; [PROPOSED] ORDER

2.

CASE NO. 3:14-CV-05200 EMC

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Dated: February 5, 2015

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/s/Andrew M. Spurchise
ANDREW M. SPURCHISE
LITTLER MENDELSON, P.C.
Attorneys for Defendant
UBER TECHNOLOGIES, INC. AND
RASIER, LLC

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Dated: February 5, 2015

/s/ Tina Wolfson
TINA WOLFSON
AHDOOT & WOLFSON, PC
Attorneys for Plaintiff ABDUL KADIR
MOHAMED

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Dated: February 5, 2015

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/s/ Andrew P. Lee
ANDREW P. LEE
GOLDSTEIN, BORGEN, DARDARIAN
& HO
Attorneys for Plaintiff in Gillette v. Uber,
Technologies, Inc.

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SIGNATURE ATTESTATION
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from the signatories on this e-filed document.

/s/ Andrew M. Spurchise
ANDREW M. SPURCHISE

DATED: February 5, 2015

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

STIPULATED REQ FOR ORDER
CHANGING TIME/CONSOLIDATING
BRIEFING; [PROPOSED] ORDER

3.

CASE NO. 3:14-CV-05200 EMC

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9th

PURSUANT TO STIPULATION, IT IS SO ORDERED, this ______ day of February 2015.

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Firmwide:131547109.1 073208.1046

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

STIPULATED REQ FOR ORDER
CHANGING TIME/CONSOLIDATING
BRIEFING; [PROPOSED] ORDER

4.

CASE NO. 3:14-CV-05200 EMC