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

Filing 64

STIPULATION AND ORDER re 63 JOINT STIPULATION WITH [PROPOSED] ORDER UPDATING THE COURT ON THE PARTIES' SETTLEMENT IN PRINCIPLE AND REQUESTING THAT ARBITRATION HEARING BE VACATED filed by Rasier, LLC, Uber Technologies, Inc. Signed by Judge Jon S. Tigar on December 14, 2015. (wsn, COURT STAFF) (Filed on 12/14/2015)

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[Counsel of Record Listed on Following Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW PHILLIBEN, individually and
on behalf of all others similarly situated; and
BYRON McKNIGHT, individually and on
behalf of all others similarly situated,

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Plaintiffs,
vs.
UBER TECHNOLOGIES, INC., a Delaware
Corporation; and RASIER, LLC, a Delaware
Limited Liability Company,

Case No. 3:14-cv-05615-JST
HON. JON S. TIGAR
JOINT STIPULATION AND [PROPOSED]
ORDER UPDATING THE COURT ON THE
PARTIES’ SETTLEMENT IN PRINCIPLE
AND REQUESTING THAT ARBITRATION
HEARING BE VACATED

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER UPDATING THE COURT ON THE PARTIES’
SETTLEMENT IN PRINCIPLE AND REQUESTING THAT ARBITRATION HEARING BE VACATED
(CASE NO. 3:14-CV-05615-JST)

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Mike Arias (CSB# 115385)
[e-mail]
Alfredo Torrijos (CSB# 222458)
[e-mail]
ARIAS SANGUINETTI STAHLE & TORRIJOS, LLP
6701 Center Drive West, 14th Floor
Los Angeles, California 90045
Telephone: [phone]
Fax: [phone]
Steven D. Liddle (Admitted Pro Hac Vice)
[e-mail]
Nicholas A. Coulson (Admitted Pro Hac Vice)
[e-mail]
LIDDLE & DUBIN, P.C.
975 E. Jefferson Avenue
Detroit, Michigan 48207
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs
Matthew Philliben and Byron McKnight

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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. and Rasier, LLC

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–1–
JOINT STIPULATION AND [PROPOSED] ORDER UPDATING THE COURT ON THE PARTIES’
SETTLEMENT IN PRINCIPLE AND REQUESTING THAT ARBITRATION HEARING BE VACATED
(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 Julian Mena, Todd Schreiber, Nate Coolidge and

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Ernesto Mejia (“Plaintiffs”) and Defendants Uber Technologies, Inc. and Rasier, LLC (“Defendants”)

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(collectively with Plaintiffs, the “Parties”) provide this update to inform the Court that they have reached

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a settlement in principle in this case. The Parties are working on a Stipulation of Settlement with the

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goal of filing it along with a motion for preliminary approval before the end of 2015. As a result, the

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Parties respectfully request this Court to vacate Defendants’ Motion to Stay Proceedings Pending

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Arbitration (Dkt. #25), currently scheduled to be heard on December 17, 2015.

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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 December 23, 2014 [Dkt. #1];

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WHEREAS, on March 20, 2015, Defendants filed a Motion to Stay Proceedings Pending

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Arbitration [Dkt. #25];

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WHEREAS, this Court granted the Parties’ Joint Stipulation and [Proposed] Order Updating the

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Court on Settlement Discussions and Requesting Extension of Temporary Stay on November 16, 2015

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[Dkt. 61];

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WHEREAS, the hearing on Defendants’ Motion to Stay Proceedings Pending Arbitration is
currently scheduled for December 17, 2015;
WHEREAS, a Combined Case Management Conference is currently scheduled for January 25,
2016 [Dkt. # 62];
WHEREAS, the Parties have reached a settlement in principle in this matter and are drafting a

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Stipulation of Settlement, with the goal of filing said Stipulation along with a motion for preliminary

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approval by the end of 2015;

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

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the parties believe that the granting of the herein requested continuances will not have any effect on the

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schedule for the case;

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–2–
JOINT STIPULATION AND [PROPOSED] ORDER UPDATING THE COURT ON THE PARTIES’
SETTLEMENT IN PRINCIPLE AND REQUESTING THAT ARBITRATION HEARING BE VACATED
(CASE NO. 3:14-CV-05615-JST)

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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.

That, pursuant to Civil L.R. 6-2, the hearing on Defendant’s Motion to Stay

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Proceedings Pending Arbitration [Dkt. #25] presently set for December 17, 2015 at 2:00 p.m. be

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vacated;

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2.

That the Combined Case Management Conference presently set for January 25,

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2016 at 1:30 p.m. [Dkt. #62], and the corresponding deadlines under Federal Rule of Civil Procedure 26

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and the Court’s orders, remain unchanged; and

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3.

That discovery remains stayed.

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IT IS SO STIPULATED.

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Dated: December 14, 2015

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IRELL & MANELLA LLP
By:

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

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

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Dated: December 14, 2015

ARIAS SANGUINETTI STAHLE & TORRIJOS, LLP

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By:

/s/ Alfredo Torrijos
Mike Arias
Alfredo Torrijos

LIDDLE & DUBIN, P.C.
Steven D. Liddle
Nicholas A. Coulson
Counsel for Plaintiffs Matthew Philliben and Byron
McKnight

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–3–
JOINT STIPULATION AND [PROPOSED] ORDER UPDATING THE COURT ON THE PARTIES’
SETTLEMENT IN PRINCIPLE AND REQUESTING THAT ARBITRATION HEARING BE VACATED
(CASE NO. 3:14-CV-05615-JST)

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CERTIFICATION PER GENERAL ORDER NO. 45, § X-B
Pursuant to General Order No. 45, § X-B, I, Nathaniel Lipanovich, hereby certify that on
December 14, 2015, Alfredo Torrijos and Andra Greene 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.
Dated: December 14, 2015

/s/ Nathaniel Lipanovich
Nathaniel Lipanovich

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–4–
JOINT STIPULATION AND [PROPOSED] ORDER UPDATING THE COURT ON THE PARTIES’
SETTLEMENT IN PRINCIPLE AND REQUESTING THAT ARBITRATION HEARING BE VACATED
(CASE NO. 3:14-CV-05615-JST)

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[PROPOSED] ORDER

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Pursuant to the Parties’ December 14, 2015 Stipulation, the Court:

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(1)

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[Dkt. #25];

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(2)

Vacates the hearing on Defendant’s Motion to Stay Proceedings Pending Arbitration

Orders that the Combined Case Management Conference presently set for January 25,

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2016 at 1:30 p.m. [Dkt. #62], and the corresponding deadlines under Federal Rule of Civil Procedure 26

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and the Court’s orders, remain unchanged; and

_____________________________________
Honorable Jon S. Tigar
Ti ga r
United Statesdge JonCourt Judge
District S.
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OO
IT IS S

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DATED: __________________
December 14, 2015

D

RDERE

PURSUANT TO STIPULATION, IT IS SO ORDERED:

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UNIT
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R NIA

Orders that discovery shall remain stayed.

S DISTRICT
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(3)

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D IS T IC T O
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–5–
JOINT STIPULATION AND [PROPOSED] ORDER UPDATING THE COURT ON THE PARTIES’
SETTLEMENT IN PRINCIPLE AND REQUESTING THAT ARBITRATION HEARING BE VACATED
(CASE NO. 3:14-CV-05615-JST)