Del Rio v. Uber Technologies, Inc. et al

Filing 102

STIPULATION AND ORDER. Case Management Statement due by 7/14/2016. Further Case Management Conference reset for 7/21/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 6/24/16. (bpfS, COURT STAFF) (Filed on 6/24/2016)

1
2
3
4
5
6
7
8
9
10
11

ROBERT G. HULTENG, Bar No. 071293
[e-mail]
ANDREW M. SPURCHISE, Bar No. 245998
[e-mail]
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, California 94104
Telephone:
415.433.1940
Facsimile:
415.399.8490
RACHAEL LAVI, Bar No. 294443
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Telephone:
310.553.0308
Fax No.:
310.553.5583
Attorneys for Defendants
UBER TECHNOLOGIES, INC. and
RASIER-CA, LLC

12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14
15
16
17
18
19
20
21
22
23
24

RICARDO DEL RIO, a California
resident, on behalf of himself, the proposed
class and collective class; JOSE
VALDIVIA, a California resident, on
behalf of himself, the proposed class and
collective class; JOSE PEREIRA, a
California resident, on behalf of himself,
the proposed class and collective class,
Plaintiffs,
v.
UBER TECHNOLOGIES, INC., a
Delaware Corporation, RASIER-CA, LLC,
a Delaware Limited Liability Company,
and DOES 1 through 10, inclusive,

Case No. 3:15-cv-03667-EMC
[Related to 3:13-cv-03826-EMC]
JOINT STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
FROM JUNE 30, 2016 TO JULY 21, 2016
AND TO CONTINUE RELATED
DEADLINES; [PROPOSED] ORDER (modified)
Complaint Filed: August 11, 2015
FAC Filed: September 21, 2015
SAC Filed: April 27, 2016
Trial Date: None set

Defendants.

25
26
27
28
LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

Case No. 3:15-cv-03667-EMC
JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

1
2

IT IS HEREBY STIPULATED AND REQUESTED by and between the parties who have

3

to date appeared in this action, through their counsel of record, Chris Hamner and Amy Wootton of

4

the Hamner Law Offices, APC, attorneys for Plaintiffs Ricardo Del Rio, Jose Valdivia and Jose

5

Pereira (“Plaintiffs”); and Robert G. Hulteng, Andrew M. Spurchise, and Rachael Lavi of Littler

6

Mendelson, P.C., attorneys for Defendants Uber Technologies, Inc. and Rasier-CA, LLC

7

(“Defendants”) (collectively, the “Parties”), based upon the following recitals:
1.

8

WHEREAS, on March 24, 2016, at the hearing on Defendants’ motion to

9

dismiss, the Court stayed Plaintiff’s state claims pending the Price v. Uber Technologies, Inc. action

10

proceeding in Los Angeles Superior Court and set a further case management conference for June

11

30, 2016;
2.

12

WHEREAS, on June 2, 2016, the Court granted a temporary stay, staying this

13

matter in its entirety. The parties were ordered to meet and confer regarding the status of the case

14

and the effect of the proposed settlement in O’Connor v. Uber Technologies, Inc., Northern District

15

Case No. 13-cv-3826-EMC following the Court’s order regarding preliminary approval of the

16

proposed settlement, also before this Court, and submit a joint letter to the Court 10 days after the

17

order is issued to provide the parties’ position with respect to its impact on the case and whether the

18

stay should continue or be lifted;

19

3.

20

WHEREAS, as of filing of this stipulation, the Court has not submitted an

order regarding the motion for preliminary approval in the O’Connor matter;
4.

21

WHEREAS, a short continuance of the further case management conference

22

would serve judicial economy as the Parties await the Court’s order in regards to the motion for

23

preliminary approval in the O’Connor matter.

24

STIPULATION

25

Parties hereby stipulate, agree and respectfully request that the case management conference

26

currently scheduled for June 30 at 10:30 a.m. be continued to July 21, 2016, at 1:30 p.m. and that the

27

current June 23, 2016 deadline to file a case management conference statement also be continued to

28

July 14, 2016.

LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

1.

Case No. 3:15-cv-03667-EMC
JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

1
2
3

Dated: June 23, 2016.

4

/s/ Rachael Lavi
ROBERT G. HULTENG
ANDREW M. SPURCHISE
RACHAEL LAVI
LITTLER MENDELSON, P.C.
Attorneys for Defendants
UBER TECHNOLOGIES, INC. AND
RASIER-CA, LLC

5
6
7
8
9

Dated: June 23, 2016.

10

/s/Amy T. Wootton
CHRIS HAMNER
AMY T. WOOTTON
HAMNER LAW OFFICES, APC
Attorneys for Plaintiffs
RICARDO DEL RIO, JOSE VALDIVIA AND
JOSE PEREIRA

11
12
13
14
15
16
17

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.

18
19

Dated: June 23, 2016.

20
21
22
23
24

/s/ Rachael Lavi
RACHAEL LAVI
LITTLER MENDELSON, P.C.
Attorneys for Defendants
UBER TECHNOLOGIES, INC. AND
RASIER-CA, LLC

25
26
27
28
LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

Case No. 3:15-cv-03667-EMC
JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

1

6/24/16

9
10

RT

12

14

O ORD D
IT IS S
DIFIE
AS MO
ard M.

Firmwide:141174792.3 073208.1083

dw
Judge E

ER

H

13

HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE
ERED

NO

11

RT
U
O

8

Dated:

R NIA

7

S DISTRICT
TE
C
TA

Chen

FO

6

seven (7) days in advance of the continued case management conference.

LI

5

A

4

The case management conference currently scheduled for June 30 at 10:30 a.m. is continued to July
10:30 a.m.
21, 2016, at 1:30 p.m., and the case management conference statement shall be due on July 14, 2016,

S

3

PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS:

UNIT
ED

2

N

F
D IS T IC T O
R

C

15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

Case No. 3:15-cv-03667-EMC
JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES