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

Filing 57

STIPULATION AND ORDER re 56 STIPULATION WITH PROPOSED ORDER to Modify Mediation Deadline filed by Google, Inc. Signed by Judge Jon S. Tigar on October 25, 2016. (wsn, COURT STAFF) (Filed on 10/25/2016)

Case 3:15-cv-06338-JST Document 56 Filed 10/24/16 Page 1 of 6

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
MEDIATION DEADLINE

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

Case 3:15-cv-06338-JST Document 56 Filed 10/24/16 Page 2 of 6

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

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

6 approved, a Stipulation and Proposed Order requiring the parties to participate in
7 mediation under this Court’s ADR Local Rules on or before September 16, 2016
8 (Dkt. Nos. 32; 36);
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WHEREAS, this action is related to White v. Square, No. 3:15-cv-04539-JST

10 (“White v. Square”), currently before this Court;
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WHEREAS, on August 25, 2016, the parties submitted a Stipulation and

12 Proposed Order extending the deadlines to conduct (1) a private mediation, and (2)
13 the Initial Case Management Conference, to 60 days and 75 days, respectively, after
14 a ruling on the pending Motion to Dismiss the Second Amended Complaint in White
15 v. Square (Dkt. No. 50);
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WHEREAS, on August 29, 2016, the Court granted the parties’ Stipulation

17 and Proposed Order;
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WHEREAS, on September 14, 2016, the Court granted Defendant’s Motion

19 to Dismiss Second Amended Complaint, with prejudice, in White v. Square;
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WHEREAS, the parties’ deadline to conduct a private mediation is currently

21 November 14, 2016;
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WHEREAS, a motion to dismiss is currently pending in this action (Dkt. No.

23 53) that seeks to dismiss Plaintiff’s claims against defendants for the same reasons
24 the Court granted defendant Square, Inc.’s motion to dismiss in the White v. Square
25 action. In particular, Defendants argue that Plaintiff lacks statutory standing to
26 bring claims under the California Unruh Civil Rights Act because it never sought to
27 sign up for the Defendants’ services;
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Case No. 3:15-cv-06338-JST
-1JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY MEDIATION DEADLINE

Case 3:15-cv-06338-JST Document 56 Filed 10/24/16 Page 3 of 6

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WHEREAS, a motion for a new trial is currently pending in White v. Square

2 (White v. Square, Dkt. No. 61);
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WHEREAS, the parties agree that the outcome of this Court’s decision on

4 Defendants’ Motion to Dismiss the First Amended Complaint may substantially
5 influence, and potentially moot, the need for mediation in this case;
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WHEREAS, this Court has moved the deadline to conduct mediation on one

7 prior occasion (Dkt. No. 51), and has moved the Case Management Conference on
8 two prior occasions (Dkt. No. 48 and Dkt. No. 51) for purposes of judicial efficiency
9 because this action raises substantially the same standing issue that has been the
10 subject of Square’s motions to dismiss in White v. Square;
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WHEREAS, the parties filed an initial Joint Case Management Statement on

12 April 6, 2016 (Dkt. No. 43), and the case has not advanced substantively since that
13 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

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

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

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

22 mediator shall be moved from November 14, 2016, to February 27, 2017.
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24 DATED: October 24, 2016
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MCGRANE PC
By

/s/ William McGrane

William McGrane
Attorneys for Plaintiff
ABU MAISA, INC.

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

Case 3:15-cv-06338-JST Document 56 Filed 10/24/16 Page 4 of 6

1 DATED: October 24, 2016
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QUINN EMANUEL URQUHART &
SULLIVAN, LLP
By

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7 DATED: October 24, 2016
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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
By

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12 DATED: October 24, 2016
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/s/ Diane Doolittle
Diane Doolittle
Attorneys for Defendants
GOOGLE INC., PAYPAL, INC. and
STRIPE, INC.

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

Case 3:15-cv-06338-JST Document 56 Filed 10/24/16 Page 5 of 6

1 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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3 DATED: October 25, 2016
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Honorable Jon S. Tigar
United States District Judge

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