Yucesoy v. Uber Technologies, Inc. et al

Filing 118

STIPULATION AND ORDER RE 117 Regarding Hearing Schedule For Case Management Conference, Motion to Compel Arbitration and Plaintiffs' Motion for Leave to File Fourth Amended Complaint. Further Case Management Conference set for 11/4/2015 at 10:00 AM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 11/4/2015 at 10:00 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 10/13/15. (cl, COURT STAFF) (Filed on 10/13/2015)

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GIBSON, DUNN & CRUTCHER LLP
THEODORE J. BOUTROUS, JR., SBN 132099
[e-mail]
THEANE D. EVANGELIS, SBN 243570
[e-mail]
BRANDON J. STOKER, SBN 277325
[e-mail]
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520
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

LICHTEN & LISS-RIORDAN, P.C.
SHANNON LISS-RIORDAN, pro hac vice
[e-mail]
ADELAIDE PAGANO, pro hac vice
[e-mail]
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: [phone]
Facsimile: [phone]
CARLSON LEGAL SERVICES
MATTHEW CARLSON, SBN 273242
[e-mail]
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: [phone]
Attorneys for Plaintiffs
HAKAN YUCESOY, ABDI MAHAMMED,
MOKHTAR TALHA, BRIAN MORRIS, and
PEDRO SANCHEZ

Attorneys for Defendants UBER
TECHNOLOGIES, INC., TRAVIS
KALANICK, and RYAN GRAVES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAKAN YUCESOY, ABDI MAHAMMED,
MOKHTAR TALHA, BRIAN MORRIS, and
PEDRO SANCHEZ, individually and on
behalf of all others similarly situated,

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Plaintiffs,
v.

CASE NO. 3:15-cv-00262-EMC
STIPULATION AND [PROPOSED] ORDER
REGARDING HEARING SCHEDULE FOR
CASE MANAGEMENT CONFERENCE,
DEFENDANTS’ MOTION TO COMPEL
ARBITRATION, AND DEFENDANTS’
MOTION TO DISMISS

UBER TECHNOLOGIES, INC., TRAVIS
KALANICK, and RYAN GRAVES,
Defendants.

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Gibson, Dunn &
Crutcher LLP

STIP. AND [PROPOSED] ORDER REGARDING HEARING SCHEDULE – CASE NO. 3:15-CV-00262-EMC

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STIPULATION

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Plaintiffs Hakan Yucesoy, Abdi Mahammed, Mohktar Talha, Brian Morris, and Pedro

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Sanchez (“Plaintiffs”) and Defendants Uber Technologies, Inc., Travis Kalanick, and Ryan Graves

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(“Uber”) (collectively, the “Defendants”), by and through their respective counsel of record, hereby

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stipulate as follows:

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WHEREAS, on August 5, 2015, Defendants filed a motion to compel arbitration as to certain
of the named plaintiffs, see Dkt. No. 94;
WHEREAS, the hearing for Defendants’ motion to compel arbitration is currently scheduled
for October 21, 2015 at 9:30 a.m.;
WHEREAS, on August 28, 2015, Defendants filed a motion to dismiss Plaintiffs’ second
amended complaint, see Dkt. No. 109;
WHEREAS, the hearing for Defendants’ motion to dismiss Plaintiffs’ second amended
complaint is currently scheduled for October 21, 2015 at 9:30 a.m.;
WHEREAS, the Court has scheduled a case management conference for November 19, 2015
at 10:30 a.m.;
WHEREAS, counsel for Plaintiffs represents the named plaintiffs in O’Connor v. Uber

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Technologies, Inc., No. 13-03826-EMC (“O’Connor”) and counsel for Defendants represents the

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defendant in O’Connor;

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Gibson, Dunn &
Crutcher LLP

WHEREAS, the Court has scheduled a case management conference in O’Connor for
October 21, 2015 at 9:30 a.m.;
WHEREAS, on September 10, 2015, the O’Connor defendant filed a motion to compel
arbitration as to certain absent class members in O’Connor, see O’Connor Dkt. No. 346;
WHEREAS, the hearing for the O’Connor defendant’s motion to compel arbitration as to
certain absent class members is currently scheduled for October 21, 2015 at 9:30 a.m.;
WHEREAS, on October 1, 2015, the O’Connor plaintiffs filed a motion for leave to file a
fourth amended complaint in O’Connor, see O’Connor Dkt. 355;
WHEREAS, the hearing for the O’Connor plaintiffs’ motion for leave to file a fourth
amended complaint is currently scheduled for November 19, 2015 at 1:30 p.m.;
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STIP. AND [PROPOSED] ORDER REGARDING HEARING SCHEDULE – CASE NO. 3:15-CV-00262-EMC

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WHEREAS, certain unavoidable scheduling conflicts have arisen for certain of the parties’
counsel on October 21, 2015 and November 19, 2015;

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WHEREAS, certain of the parties’ counsel will be traveling to San Francisco from Los
Angeles and Boston for the aforementioned hearings;

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WHEREAS, the Court is unavailable on the following Civil Law and Motion hearing dates:
October 22, 2015; November 5, 2015; November 12, 2015; and November 26, 2015;

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WHEREAS, the O’Connor parties intend to file a stipulation and proposed order requesting

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that the O’Connor parties’ case management conference, the O’Connor defendant’s motion to

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compel arbitration as to certain unnamed class members, and the O’Connor plaintiffs’ motion for

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leave to file a fourth amended complaint be scheduled for November 4, 2015 at 1:30 p.m.;

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WHEREAS, to accommodate the aforementioned scheduling conflicts and conserve the

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resources of the Court and the parties, the parties have conferred and agreed that: (1) the hearing for

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Defendants’ motion to compel arbitration as certain named plaintiffs in this case; (2) the hearing for

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Defendants’ motion to dismiss Plaintiffs’ second amended complaint; and (3) the case management

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conference in this case should be rescheduled for November 4, 2015 at 1:30 p.m., to coincide with the

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proposed hearing date regarding the case management conference in O’Connor, the defendants’

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motion to compel arbitratoin in O’Connor, and the plaintiffs’ motion for leave to file a fourth

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amended complaint in O’Connor;

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NOW THEREFORE, the parties hereby stipulate, subject to the approval of this Court, that

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the hearing date for (1) Defendants’ motion to compel arbitration as certain named plaintiffs,

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(2) Defendants’ motion to dismiss Plaintiffs’ second amended complaint, and (3) the case
10:00 am
management conference shall be scheduled for November 4, 2015 at 1:30 p.m.; and (4) the parties’

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case management statement shall be due October 28, 2015.

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Gibson, Dunn &
Crutcher LLP

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STIP. AND [PROPOSED] ORDER REGARDING HEARING SCHEDULE – CASE NO. 3:15-CV-00262-EMC

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IT IS SO STIPULATED

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Dated: October 12, 2015

GIBSON, DUNN & CRUTCHER LLP

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By:

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/s/ Theodore J. Boutrous Jr.
Theodore J. Boutrous Jr.

Attorneys for Defendants UBER
TECHNOLOGIES, INC., TRAVIS KALANICK,
and AND RYAN GRAVES

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Dated: October 12, 2015

LICHTEN & LISS-RIORDAN, P.C.

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By:

/s/ Shannon Liss-Riordan
Shannon Liss-Riordan

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Attorney for Plaintiffs HAKAN YUCESOY, ABDI
MAHAMMED, MOKHTAR TALHA, BRIAN
MORRIS, and PEDRO SANCHEZ

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The hearing date is set for November 4, 2015 at 10:00 a.m.

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Dated: ___________, 2015
10/13

____________________________
The Honorable Edward M. Chen
United States District Judge

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Gibson, Dunn &
Crutcher LLP

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STIP. AND [PROPOSED] ORDER REGARDING HEARING SCHEDULE – CASE NO. 3:15-CV-00262-EMC