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)

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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. 27 28 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 27 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 24 25 26 27 28 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 5 6 IT IS SO ORDERED. 7 8 14 Dated: November_, 2016 HONORABLE JON S. TIGAR UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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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