Abu Maisa, Inc. v. Flint Mobile, Inc et al

Filing 50

STIPULATION AND ORDER re 49 STIPULATION WITH PROPOSED ORDER To Modify Case Management And Mediation Deadlines filed by Google, Inc. Signed by Judge Jon S. Tigar on August 29, 2016. (wsn, COURT STAFF) (Filed on 8/29/2016)

1 Diane Doolittle (Bar No. 142046)
[e-mail]
2 Katherine Makhzoumi (Bar No. 286116)
[e-mail]
3 QUINN EMANUEL URQUHART & SULLIVAN, LLP
555 Twin Dolphin Drive, 5th Floor
4 Redwood Shores, CA 94065
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendants Google Inc., PayPal, Inc.,
and Stripe, Inc.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ABU MAISA, INC., a California
12 corporation., on behalf of itself and all
13 others similarly situated,
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)
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Plaintiffs,
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vs.
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FLINT MOBILE, INC. a Delaware
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corporation, GOOGLE, INC., a
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Delaware corporation, INTUIT, INC., a )
Delaware corporation, PAYPAL, INC., )
a Delaware corporation, SQUARE,
)
INC., a Delaware corporation, STRIPE, )
INC., a Delaware corporation,
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)
Defendant.
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)

CASE NO. 3:15-cv-06338-JST

JOINT STIPULATION AND
[PROPOSED] ORDER TO MODIFY
CASE MANAGEMENT AND
MEDIATION DEADLINES

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01980-00077/8282889.2

Case No. 3:15-cv-06338-JST
JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY
CASE MANAGEMENT AND MEDIATION DEADLINES

1

Plaintiff Abu Maisa, Inc. (“Plaintiff”) and Defendants Google Inc., Intuit Inc.,

2 PayPal, Inc., Square, Inc., and Stripe, Inc. (collectively, the “Identified Defendants”)
3 hereby enter the following Joint Stipulation and [Proposed] Order to modify
4 deadlines currently established by this Court’s Orders in the above-captioned
5 proceeding:
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WHEREAS, on March 16, 2016, the parties submitted and this Court

7 approved a Stipulation and Proposed Order requiring the parties to participate in
8 mediation under this Court’s ADR Local Rules on or before September 16, 2016
9 (Dkt. Nos. 32; 36);
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WHEREAS, the Court scheduled the Initial Case Management Conference

11 for September 28, 2016, and the deadline to file the Case Management Statement for
12 September 19, 2016 (Dkt. No. 48);
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WHEREAS, this action is related to White v. Square, No. 3:15-cv-04539-JST

14 (“White v. Square”), currently before this Court;
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WHEREAS, a motion to dismiss is currently pending in White v. Square

16 (White v. Square, Dkt. No. 44) that addresses whether a party that has not registered
17 for a service has standing to sue for alleged discrimination under the terms
18 governing that service under the California Unruh Civil Rights Act. That issue is
19 also raised in this case;
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WHEREAS, Plaintiff has indicated an intention to file an amended complaint

21 in this case after the Court rules on the pending motion to dismiss in the related
22 White v. Square case, which would make mediation and case management focused
23 on the current complaint inefficient and wasteful;
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WHEREAS, the parties agree that this Court’s decision on defendant’s

25 motion to dismiss the Second Amended Complaint in White v. Square may be
26 dispositive of Plaintiff’s standing in this case and substantially influence the
27 mediation and case management of Plaintiff’s proposed amended complaint in this
28 case;
01980-00077/8282889.2

Case No. 3:15-cv-06338-JST
-1JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY
CASE MANAGEMENT AND MEDIATION DEADLINES

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WHEREAS, this Court has already moved the Case Management Conference

2 on one prior occasion (Dkt. No. 48) to allow the parties to see how this Court would
3 rule on the motion to dismiss in the related matter of White v. Square;
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WHEREAS, the parties filed an initial Joint Case Management Statement on

5 April 6, 2016 (Dkt. No. 43), and the case has not advanced substantively since that
6 date due to developments in White v. Square;
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WHEREAS, due to the unresolved state of the pleadings and to preserve the

8 parties’ and the Court’s time and resources, the parties agree that the current
9 schedule should be extended;
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NOW THEREFORE, pursuant to Northern District of California Civil Local

11 Rules 6-1 and 6-2, the Identified Defendants and Plaintiff Abu Maisa, Inc., by and
12 through their counsel of record, hereby stipulate, subject to the Court’s approval, as
13 follows:
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STIPULATION
1.

The deadline to conduct a private mediation by an agreed-upon

16 mediator shall be moved from September 16, 2016, to 60 days after a ruling is
17 issued on the pending motion to dismiss the second amended complaint in the
18 related matter of White v. Square, Case No. 15-cv-04539-JST.
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2.

The Case Management Conference currently scheduled for September

20 28, 2016 shall be moved to 75 days after a ruling is issued on the pending motion to
21 dismiss the second amended complaint in the related matter White v. Square, or as
22 soon thereafter as determined by the Court. The Joint Case Management Statement,
23 currently due September 19, 2016, will be moved to a date not less than seven court
24 days before the rescheduled Case Management Conference.
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01980-00077/8282889.2

Case No. 3:15-cv-06338-JST
-2JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY
CASE MANAGEMENT AND MEDIATION DEADLINES

1 DATED: August 25, 2016
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MCGRANE PC
By

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William McGrane
Attorneys for Plaintiff
ABU MAISA, INC.

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DATED: August 25, 2016

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP
By

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DATED: August 25, 2016

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By

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17 DATED: August 25, 2016
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/s/ Diane Doolittle
Diane Doolittle
Attorneys for Defendants
GOOGLE INC., PAYPAL, INC. and
STRIPE, INC.

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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/s/ William McGrane

/s/ Colleen Bal
Colleen Bal
Attorneys for Defendant
SQUARE INC.

GIBSON, DUNN & CRUTCHER LLP
By

/s/ Austin Schwing
Austin Schwing
Attorneys for Defendant
INTUIT Inc.

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01980-00077/8282889.2

Case No. 3:15-cv-06338-JST
-3JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY
CASE MANAGEMENT AND MEDIATION DEADLINES

1 PURSUANT TO STIPULATION, IT IS SO ORDERED.

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3 DATED: August 29, 2016

S DISTRICT
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Honorable Jon S. Tigar
United States District Judge
DERED
SO OR
IT IS

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01980-00077/8282889.2

Case No. 3:15-cv-06338-JST
-4JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY
CASE MANAGEMENT AND MEDIATION DEADLINES