Rosen .v Uber Technologies, Inc.
Filing
52
STIPULATION AND ORDER re 49 STIPULATION WITH [PROPOSED] ORDER Re: Limited Modifications to Scheduling Order in Rosen Action filed by Rasier, LLC, Uber Technologies, Inc., Rasier-CA, LLC. Signed by Judge Jon S. Tigar on November 14, 2016. (wsn, COURT STAFF) (Filed on 11/14/2016)
1 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
2 MARSHALL C. WALLACE (BARNO. 127103)
KAMRAN JAVANDEL (BAR NO. 272900)
3 Three Embarcadero Center, 12th Floor
San Francisco, CA 94111-407 4
4 Phone: (415) 837-1515
Fax: (415) 837-1516
5 E-Mail mwallace@allenmatkins.com
kjavandel@allenmatkins.com
6
MARISSA M. DENNIS (BAR NO. 245027)
7 865 South Figueroa Street, Suite 2800
Los Angeles~Califomia 90017-2543
8 Phone: (213 622-5555
Fax: (213) 20-8816
9 E-Mail: mdennis@allenmatkins.com
10 UBER TECHNOLOGIES, INC.
MARTIN D. WHITE (BAR NO. 253476)
11 1455 Market Street, 4t11 Floor
San Francisco, CA 94103
12 Phone: (925) 708-7552
E-Mail: yandell@uber.com
13
mwhite@uber.com
14 Attorneys for Defendants
UBER TECHNOLOGIES, INC.; RASIER, LLC;
15 RASIER-CA, LLC
16
UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA
18
19 STEWART ROSEN, on Behalf of Himself
and All Others Similarly Situated, and as
20 Private Attorney General,
ASSIGNED FOR ALL PURPOSES TO
Judge Jon S. Tigar
Plaintiffs,
21
22
Case No. 15-cv-03866-JST
vs.
23 UBER TECHNOLOGIES, INC., a
Delaware corporation; RASIER, LLC, a
24 Delaware limited liability company;
RASIER-CA, LLC, a Delaware limited
25 liability company; and DOES 1 to 100,
inclusive,
26
Defendants.
27
STIPULATION FOR ORDER
REGARDING LIMITED
MODIFICATIONS TO SCHEDULING
ORDER IN ROSEN ACTION
28
LAW OFFICES
Allen Matkins Leck Gamble
Mallary & Natsis LLP
1023245.01/SF
Stipulation For Order Regarding Limited
Modifications To Scheduling Order In Rosen
Action
1
The parties to this action, by and through their attorneys of record, stipulate as
2 follows:
3
1.
As this case approaches the discovery cutoff date of November 11, 2016, the
4 parties have encountered multiple scheduling and logistical issues, as well as
5 disagreements, regarding discovery that the parties have served in this action. All parties
6 have engaged in multiple earnest meet-and-confer letters and discussions in a good faith
7 effort in an attempt to resolve those issues. As a result of those meet-and-confer efforts,
8 the parties have agreed to the limited modifications to the Court's Consolidated Joint Case
9 Management Schedule (Docket No. 34) set forth in this Stipulation, and request the Court's
10 order approving those modifications. None of these changes affects the Court's calendar as
11 previously ordered.
12
2.
This case has been consolidated for pretrial purposes with LA Taxi
13 Cooperative Inc. dba Yellow Cab Co., et al. v. Uber Technologies, Inc. et al. The
14 following stipulations apply only to the Rosen action, and do not affect the calendar or the
15 Court's order regarding scheduling in the LA Taxi case. The parties note that several of the
16 modifications set forth in the stipulation arise from the fact that Rosen is pled as a putative
17 class action, whereas LA Taxi is not.
18
3.
The parties agree to the following pretrial calendar in Rosen. The parties
19 note that the amendments in the calendar affect only the parties' deadlines, and do not
20 affect the timing or contents of any of the documents to be submitted to the Court or
21 hearings to be conducted by the Court.
22
Current
23
24
Event
Fact discovery cut-off
Stipulated Deadline
Deadline
1111112016
11/1112016 cutoff remains as to all issues
25
other than class certification discovery, or as
26
stipulated herein.
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LAW OFFICES
Allen Matkins Leck Gamble
Mallory & Natsis LLP
1023245.0J/SF
-2-
Stipulation For Order Regarding Limited
Modifications To Scheduling Order In Rosen
Action
1
Current
2
Event
Deadline
Stipulated Deadline
3
Designation and
4
opening reports of
experts, except Plaintiffs designation and
5
experts
report of affirmative class certification expert
11/18/2016
6
11/ 18/2016 remains as to all affirmative
shall be served on or before 11125/2016.
7
Rebuttal expert
8
designations and reports
1/13/2017
1/13/2017 remains as to all rebuttal experts,
except as to Defendants' experts on class
9
certification issues
10
Deadline to file motion
11
for class certification
12
Expert discovery cut-
13
off
14
Defendant Class Expert
15
Designations and
16
Reports
17
Opposition to class
18
certification motion
19
Reply to class
20
certification
21
Hearing on Class
22
certification
23
Deadline to file
24
dispositive motions
25
Opposition to
26
dispositive motions
2/16/2017
1/30/2017
2/10/2017
2/10/2017 remains as to all experts, except as
to class certification experts.
NIA
2/17/2017
3/16/2017
3/16/2017
3/30/2017
3/30/2017
4/13/2017
4/13/2017
4/27/2017
4/27/2017
5/15/2017
5/15/2017
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28
LAW OFFICES
Allen Matkins Leck Gamble
Mallory & Natsis LLP
1023245.01/SF
-3-
Stipulation For Order Regarding Limited
Modifications To Scheduling Order In Rosen
Action
1
Current
2
Event
3
Reply to dispositive
4
Hearing on dispositive
6
motions
7
CMC to discuss trial
8
Stipulated Deadline
motions
5
Deadline
plan
5/25/2017
5/25/2017
6/8/2017
6/8/2017
6/21/2017
6/21/2017
9
10
4.
Regarding Plaintiffs Notices of Depositions and Requests for Production of
11 Documents to Defendants pursuant to FRCP 30(b)(6) noticed for November 7, 8, and 9,
12 the parties agree (a) Defendants will produce financial data in response to Plaintiffs
13 discovery seeking such data on or before November 11, 2016; (b) to further meet and
14 confer regarding the deposition dates; (c) the November 11, 2016 discovery cutoff for non15 class discovery shall not apply to these Deposition Notices and Requests for Production of
16 Documents; and (d) the parties' deadline for disclosure and report of affirmative financial
17 experts shall be December 23, 2016.
18
5.
Regarding the deposition and document subpoena to Yell ow Cab
19 Cooperative served by Defendants, the parties agree to meet and confer, including with
20 Gary Kaplan, attorney for Yell ow Cab Cooperative, to set the deposition date. The parties
21 agree that Defendants' deposition subpoena to Yellow Cab Cooperative shall not be subject
22 to the November 11, 2016 discovery cutoff for non-class discovery.
23
6.
Regarding Defendants' subpoenas to absent putative class members (SFMTA
24 Taxi Medallion Holders), Defendants agree to notify recipients of deposition subpoenas
25 that the depositions are postponed, subject to rescheduling, and to notify recipients of
26 document subpoenas that the compliance date for such subpoenas is postponed, subject to
27 rescheduling. Defendants further agree to seek a prior order of the Court before further
28 enforcing such subpoenas, and to provide copies to Plaintiff of any documents produced by
LAW OFFICES
Allen Matkins Leck Gamble
Mallory & Natsis LLP
1023245.01/SF
-4-
Stipulation For Order Regarding Limited
Modifications To Scheduling Order In Rosen
Action
1 any medallion holder despite the foregoing agreements. The parties agree that such
2 discovery to medallion holders is class certification discovery and is therefore not subject
3 to the November 11, 2016 non-class discovery cutoff.
4
7.
Regarding Defendants' deposition notice of, and written discovery to,
5 Plaintiff Stuart Rosen, the parties agree to further meet and confer as to an agreeable date
6 for that deposition, agree that Rosen's written discovery responses shall be served no later
7 than November 17, 2016, and agree that that deposition and Rosen's written discovery
8 responses, and Defendants' right to move to compel, are not subject to the November 11
9 non-class discovery cutoff. The parties agree that all Defendants' rights and objections
10 regarding Rosen's written discovery responses are preserved.
11
8.
The parties to this action agree that the November 18, 2016 deadline for
12 discovery motions under Local Rule 37-3 shall not apply to Defendants' pending
13 subpoenas to third parties.
14
9.
No party may designate or use evidence from a new expert not previously
15 designated on rebuttal on class certification issues without a prior court order based on a
16 showing of good cause.
17
Dated: November 11, 2016
LAW OFFICES OF HAROLD M. JAFFE
18
By: /s/ Harold M. Jaffe
HAROLD M. JAFFE
Attorneys for Plaintiff
STEWART ROSEN
19
20
21
22 Dated: November 11, 2016
23
LAW OFFICES OF BRIAN W. NEWCOMB
By: /s/ Brian W. Newcomb
BRIAN W. NEWCOMB
Attorneys for Plaintiff
STEWART ROSEN
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LAW OFFICES
Allen Matkins Leck Gamble
Mallory & Natsis LLP
1023245.0l/SF
-5-
Stipulation For Order Regarding Limited
Modifications To Scheduling Order In Rosen
Action
1 Dated: November 11, 2016
ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
2
3
By: /s/ Marshall C. Wallace
MARSHALL C. WALLACE
Attorneys for Defendants
UBER TECHNOLOGIES, INC.;
RASIER, LLC; RASIER-CA, LLC
4
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6
IT IS SO ORDERED.
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Dated: November_, 2016
HONORABLE JON S. TIGAR
UNITED STATES DISTRICT COURT
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LAW OFFICES
Allen Matkins Leck Gamble
Mallory & Natsis LLP
1023245.01/SF
-6-
Stipulation For Order Regarding Limited
Modifications To Scheduling Order In Rosen
Action
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