Del Rio v. Uber Technologies, Inc. et al

Filing 73

STIPULATION AND ORDER re: 72 : The Parties hereby stipulate and agree, through their undersigned counsel, that (1) Plaintiffs claims against Defendants shall be dismissed from the instant lawsuit; (2) Plaintiffs claims against Defendants shall be resolved in arbitration on an individual basis only, and not on a class or collective action basis; (3) Uber shall pay for the arbitrators costs and arbitration-specific fees pertaining to the aforementioned arbitration; (4) each party shall bear hi s or its respective attorneys fees incurred in relation to the instant action and the aforementioned arbitration, except as otherwise provided in any award of attorneys fees made by a judge or arbitrator in this action or the aforementioned arbitration; and (5) this stipulation and dismissal shall not influence the rights or obligations of Plaintiff Ricardo Del Rio. Tony Mehrdad Saghebian terminated. Signed by Judge Edward M. Chen on 2/24/2016. (afmS, COURT STAFF) (Filed on 2/24/2016)

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CHRISTOPHER J. HAMNER, ESQ. (SBN 197117)
[e-mail]
AMY T. WOOTTON, ESQ. (SBN 188856)
[e-mail]
EVELINA SERAFINI, ESQ. – Of Counsel (SBN 187137)
[e-mail]
HAMNER LAW OFFICES, APC
555 W. 5th Street, 31st Floor
Los Angeles, California 90013
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
RICARDO DEL RIO and TONY MEHRDAD SAGHEBIAN
(Additional Counsel Listed On Following Page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICARDO DEL RIO, an individual
California resident and TONY MEHRDAD
SAGHEBIAN, an individual California
resident, on behalf of themselves and all
others similarly situated,
Plaintiff,

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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
STIPULATION ORDERING PLAINTIFF
TONY MEHRDAD SAGHEBIAN’S CLAIMS
INTO ARBITRATION AND DISMISSING
HIS INDIVIDUAL CLAIMS WITHOUT
PREJUDICE
Complaint Filed: August 11, 2015
FAC Filed: September 21, 2015
Trial Date: None set

Defendants.

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Case No. 3:15-cv-03667-EMC
STIPULATION ORDERING PLAINTIFF TONY MEHRDAD SAGHEBIAN’S CLAIMS INTO ARBITRATION

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ROBERT G. HULTENG, Bar No. 071293
[e-mail]
ANDREW M. SPURCHISE, Bar No. 245998
[e-mail]
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, California 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
SOPHIA BEHNIA, Bar No. 289318
[e-mail]
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101
Telephone:
619.232.0441
Facsimile:
619.232.4302
Attorneys for Defendants
UBER TECHNOLOGIES, INC. and
RASIER-CA, LLC

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Case No. 3:15-cv-03667-EMC
STIPULATION ORDERING PLAINTIFF TONY MEHRDAD SAGHEBIAN’S CLAIMS INTO ARBITRATION

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STIPULATION

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Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff Tony Mehrdad Saghebian

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(“Plaintiff”) and Defendants Uber Technologies, Inc. and Rasier-CA LLC (together, “Defendants”)

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(collectively, the “Parties”), by and through their respective counsel of record, hereby stipulate as

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follows:

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WHEREAS, on September 21, 2015, Plaintiff filed a First Amended Complaint in the above-

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captioned matter adding Tony Mehrdad Saghebian as a Plaintiff in the Del Rio v. Uber

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Technologies, Inc., et al matter;

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WHEREAS, on January 22, 2016, Defendants filed a motion to dismiss based, in part, on this

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Court's prior ruling in O’Connor v Uber Technologies, Inc. et al., Case No. 13-cv-03826-EMC that

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individuals, like Saghebian, who (1) did not “sign[ ] up to drive directly with Uber or an Uber

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subsidiary under their individual name,” or (2) are not/were not “paid by Uber or an Uber subsidiary

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directly and in their individual name” present individualized issues that are not suitable class

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treatment; O’Connor et al. v. Uber Technologies, Inc., 2015 WL 8292006 at *3 (N.D. Cal. Dec. 9,

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2015);

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WHEREAS, in light of that prior ruling, and so as to avoid the Court having to determine the

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same issue at a later point in this litigation, Plaintiff Tony Mehrdad Saghebian agrees to pursue his

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claims in arbitration on an individual basis and not on a putative class or collective basis;

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WHEREAS, the parties agree that, notwithstanding any provision in any arbitration provision

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to which Saghebian agreed, Uber will pay for the arbitrator’s fees and the arbitration-specific fees

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pertaining to the resolution of the Plaintiff’s claims against Defendants, provided those claims are

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asserted on an individual basis, and not as a class or collective action; and

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NOW THEREFORE, the Parties hereby stipulate and agree, through their undersigned

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counsel, that (1) Plaintiff’s claims against Defendants shall be dismissed from the instant lawsuit; (2)

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Plaintiff’s claims against Defendants shall be resolved in arbitration on an individual basis only, and

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not on a class or collective action basis; (3) Uber shall pay for the arbitrator’s costs and arbitration-

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specific fees pertaining to the aforementioned arbitration; (4) each party shall bear his or its

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respective attorneys’ fees incurred in relation to the instant action and the aforementioned
Case No. 3:15-cv-03667-EMC
STIPULATION ORDERING PLAINTIFF TONY MEHRDAD SAGHEBIAN’S CLAIMS INTO ARBITRATION

1.

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arbitration, except as otherwise provided in any award of attorneys’ fees made by a judge or

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arbitrator in this action or the aforementioned arbitration; and (5) this stipulation and dismissal shall

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not influence the rights or obligations of Plaintiff Ricardo Del Rio.

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IT IS SO STIPULATED.

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Dated: February 23, 2016

LITTLER MENDELSON, P.C.

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/s/ Sophia Behnia
SOPHIA BEHNIA
LITTLER MENDELSON, P.C.
Attorneys for Defendants
UBER TECHNOLOGIES, INC. and
RASIER-CA LLC

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HAMNER LAW OFFICES, APC

Dated: February 23, 2016

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/s/ Amy T. Wootton
CHRISTOPHER J. HAMNER
AMY T. WOOTTON
EVELINA SERAFINI
HAMNER LAW OFFICES, APC
Attorneys for Plaintiff
RICARDO DEL RIO AND TONY
MEHRDAD SAGHEBIAN

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*Pursuant to Civil Local Rule 5-1(i)(3), the filer hereby attests that concurrence in the filing of this
document has been obtained from all signatories.
PURSUANT TO STIPULATION, IT IS SO ORDERED .

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Date: ________________________________

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______________________________________
HONORABLE EDWARD M. CHEN
U.S. DISTRICT COURT JUDGE

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Case No. 3:15-cv-03667-EMC
STIPULATION ORDERING PLAINTIFF TONY MEHRDAD SAGHEBIAN’S CLAIMS INTO ARBITRATION

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