Philliben et al v. Uber Technologies, Inc. et al

Filing 104

STIPULATION AND ORDER re 103 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCTOBER 19, 2016 filed by Ernesto Mejia, Matthew Philliben, Todd Schreiber, Nate Coolidge, Julian Mena, Byron McKnight. Further Case Management Conference set for 12/14/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on October 11, 2016. (wsn, COURT STAFF) (Filed on 10/11/2016)

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Tina Wolfson (CSB# 174806)
[e-mail]
Robert Ahdoot (CSB# 172098)
[e-mail]
Meredith S. Lierz (CSB# 296650)
[e-mail]
AHDOOT & WOLFSON, PC
1016 Palm Avenue
West Hollywood, California 90069
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs, Matthew Philliben, et al.
Andra Barmash Greene (CSB# 123931)
[e-mail]
A. Matthew Ashley (CSB# 198235)
[e-mail]
IRELL & MANELLA LLP
840 Newport Center Drive, Suite 400
Newport Beach, California 92660
Tel: [phone]
Fax: [phone]
Attorneys for Defendant, Uber Technologies, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW PHILLIBEN, JULIAN MENA,
TODD SCHREIBER, NATE COOLIDGE,
ERNESTO MEJIA, and BYRON MCKNIGHT,
individually and on behalf of all others similarly
situated,
Plaintiffs,

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vs.

Case No. 3:14-cv-05615-JST
HON. JON S. TIGAR
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
SCHEDULED FOR OCTOBER 19, 2016

UBER TECHNOLOGIES, INC., a Delaware
Corporation, and RASIER, LLC, a Delaware
Limited Liability Company,
Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
SCHEDULED FOR OCTOBER 19, 2016
(CASE NO. 3:14-CV-05615-JST)

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TO THE HONORABLE COURT AND THE CLERK OF THE COURT:

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Pursuant to Civil Local Rule 6-2, Plaintiffs Matthew Philliben, Julian Mena, Todd Schreiber,

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Nate Coolidge, Ernesto Mejia, and Byron McKnight (collectively, “Plaintiffs”) and Defendants Uber

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Technologies, Inc. and Rasier, LLC (collectively “Defendants”) (collectively with Plaintiffs, the

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“Parties”) provide this stipulation to inform the Court that they are in the process of mediating this

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dispute in an effort to address the issues raised in this Court's denial of the Parties Motion for

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Preliminary Approval of Class Action Settlement (Dkt. 98). As a result, the Parties respectfully request

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that this Court continue the Case Management Conference, currently scheduled for October 19, 2016 for

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forty-five (45) days in order to allow the Parties to continue their mediation efforts.

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By and through their respective counsel of record, the Parties hereby stipulate and request that
the Court enter an Order as follows:

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WHEREAS, Plaintiffs commenced this action on January 6, 2015 (Dkt. 1);

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WHEREAS, on February 11, 2016, Plaintiffs filed a Motion for Preliminary Approval of Class

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Action Settlement (herein the "Motion") (Dkt. 75-4);

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WHEREAS, on August 30, 2016, the Court issued its Order Denying Motion For Preliminary
Approval Of Class Action Settlement (herein the "Denial Order") (Dkt. 98);

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WHEREAS, since the date of the Denial Order, the Parties have been negotiating potential
amendments to the settlement that would address the issues raised in the Denial Order;

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WHEREAS, the Parties participated in a full day mediation on October 5, 2016;

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WHEREAS, a follow-up mediation has been scheduled for November 22, 2016;

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WHEREAS, a Case Management Conference is currently scheduled for October 19, 2016, and a

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Joint Case Management Conference Statement is due October 11, 2016 (Dkt. 100);

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WHEREAS, no scheduling order has been entered and no trial date has been set for this case;

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NOW THEREFORE, in consideration of the foregoing, the Parties, by and through their

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undersigned counsel, hereby stipulate, agree and request that the Court enter an Order as follows:

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1.

Continuing the currently scheduled Case Management Conference forty-five (45) days;

or
–1–
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
SCHEDULED FOR OCTOBER 19, 2016
(CASE NO. 3:14-CV-05615-JST)

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2.

If the Court intends to keep the currently scheduled Case Management Conference date,

permitting this Stipulation to constitute the Parties Joint Case Management Conference Statement; and
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That discovery remains stayed.

IT IS SO STIPULATED.
Dated: October 7, 2016

AHDOOT & WOLFSON, PC

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By:

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/s/ Robert Ahdoot
Tina Wolfson
Robert Ahdoot

Counsel for Plaintiffs Matthew Philliben, Julian Mena, Todd
Schreiber, Nate Coolidge, Ernesto Mejia and Byron
McKnight

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Dated: October 7, 2016

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By:

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/s/ A. Matthew Ashley
Andra Barmash Greene
A. Matthew Ashley

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

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IRELL & MANELLA LLP

CERTIFICATION PER GENERAL ORDER NO. 45, § X-B
Pursuant to General Order No. 45, § X-B, I, Robert Ahdoot, hereby certify that on October 7,
2016, A. Matthew Ashley authorized me to submit this Joint Stipulation And [Proposed] Order Updating
the Court on the Parties’ Settlement In Principle and Requesting That Arbitration Hearing Be Vacated:

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October 7, 2016

/s/ Robert Ahdoot
Robert Ahdoot

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–2–
JOINT STIPULATION AND [PROPOSED] ORDER ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE SCHEDULED FOR OCTOBER 19, 2016
(CASE NO. 3:14-CV-05615-JST)

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[PROPOSED] ORDER

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Pursuant to the Parties’ October 7, 2016 Stipulation, the Court:

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(1)

Orders that the Case Management Conference presently set for October 19, 2016 at 1:30

December 14, 2016
2:00
p.m. be continued to ______________________, 2016 at ______ p.m.; and
(2)

Orders that discovery shall remain stayed.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: __________________
October 11, 2016

_____________________________________
Honorable Jon S. Tigar
United States District Court Judge

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–3–
JOINT STIPULATION AND [PROPOSED] ORDER ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE SCHEDULED FOR OCTOBER 19, 2016
(CASE NO. 3:14-CV-05615-JST)