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

Filing 108

STIPULATION AND ORDER re 107 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference Schedule filed by Rasier, LLC, Uber Technologies, Inc. Case Management Statement due by 2/13/2017. Further Case Management Conference set for 2/22/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on January 19, 2017. (wsn, COURT STAFF) (Filed on 1/19/2017)

1
2
3
4
5
6
7

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 Defendants, Uber Technologies Inc., et al.

13

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]

14

Attorneys for Plaintiffs, Matthew Philliben, et al.

8
9
10
11
12

15
16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18
19
20
21

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

22
23
24
25
26

vs.

Case No. 3:14-cv-05615-JST
HON. JON S. TIGAR
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
SCHEDULED FOR JANUARY 25, 2017

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

27
28
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JANUARY 25, 2017
(CASE NO. 3:14-CV-05615-JST)

1

TO THE HONORABLE COURT AND THE CLERK OF THE COURT:

2

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

3

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

4

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

5

“Parties”) provide this stipulation to inform the Court that they are continuing to mediate this dispute in

6

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

7

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

8

Court continue the Case Management Conference, currently scheduled for January 25, 2017, thirty (30)

9

days in order to allow the Parties to continue their mediation and settlement efforts.

10
11

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

12

WHEREAS, Plaintiffs commenced this action on January 6, 2015 [Dkt. 1];

13

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

14
15
16
17
18
19
20
21

Action Settlement (herein the “Motion”) [Dkt. 75-4];
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];
WHEREAS, since the date of the Denial Order, the Parties have been negotiating potential
amendments to the settlement that would address each of the issues raised in the Denial Order;
WHEREAS, the Parties participated in a full-day mediation on October 5, 2016, as well as a
follow-up mediation on November 22, 2016, and another mediation on January 5, 2017;
WHEREAS, the Parties are continuing to have settlement and mediation communications and

22

the Parties are continuing to exchange and analyze information provided pursuant to the mediation in an

23

attempt to address the issues this Court raised in its Denial Order;

24
25
26

WHEREAS, a Case Management Conference is currently scheduled for January 25, 2017, and a
Joint Case Management Conference Statement is due January 13, 2017 [Dkt. 106];
WHEREAS, no scheduling order has been entered and no trial date has been set for this case;

27
28

–1–
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JANUARY 25, 2017
(CASE NO. 3:14-CV-05615-JST)

1

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

2

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

3

1.

Continuing the currently scheduled Case Management Conference thirty (30) days; or

4

2.

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

5
6
7
8

permitting this Stipulation to constitute the Parties’ Joint Case Management Conference Statement; and
3.

That discovery remains stayed.

IT IS SO STIPULATED.
Dated: January 13, 2017

AHDOOT & WOLFSON, PC

9
By:

10
11

/s/ Robert Ahdoot
Tina Wolfson
Robert Ahdoot

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

12
13
14
15
16
17

Dated: January 13, 2017

IRELL & MANELLA LLP
By:

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

18
19

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

20
21
22
23
24
25
26
27
28

–2–
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JANUARY 25, 2017
(CASE NO. 3:14-CV-05615-JST)

1

[PROPOSED] ORDER

2

Pursuant to the Parties’ January 13, 2017 Stipulation, the Court:

3

(1)

4
5
6
7
8

Orders that the Case Management Conference presently set for January 25, 2017 at 2:00

February 22
2:00
p.m. be continued to ______________________, 2017 at ______ p.m.; and
(2)

Orders that discovery shall remain stayed.

The Court does not anticipate granting any future continuances.
PURSUANT TO STIPULATION, IT IS SO ORDERED:

9
10
11

January 19, 2017
DATED: __________________

_____________________________________
Honorable Jon S. Tigar
United States District Court Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

–3–
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JANUARY 25, 2017
(CASE NO. 3:14-CV-05615-JST)