Berger v. Uber Technologies, Inc. et al

Filing 28

ORDER by Magistrate Judge Maria-Elena James granting 27 Stipulation of Dismissal of Action with Prejudice at to Plaintiff Kimberly Berger and Without Prejudice as to Putative Class Claims. (rmm2S, COURT STAFF) (Filed on 4/5/2017)

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ROBERT G. HULTENG, Bar No. 071293
[e-mail]
ANDREW M. SPURCHISE, Bar No. 245998
[e-mail]
GILBERT A. CASTRO, Bar No. 269872
[e-mail]
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, California 94104
Telephone:
415.433.1940
Facsimile:
415.399.8490
Attorneys for Defendants
UBER TECHNOLOGIES, INC. and
RASIER-CA, LLC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KIMBERLY BERGER, on behalf of
herself 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. 3:16-cv-00041 MEJ
STIPULATION OF DISMISSAL OF
ACTION WITH PREJUDICE AS TO
PLAINTIFF KIMBERLY BERGER AND
WITHOUT PREJUDICE AS TO
PUTATIVE CLASS CLAIMS;
[PROPOSED] ORDER
Judge: Maria-Elena James
Dept: Courtroom B, 5th Floor

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Defendants.
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Complaint Filed: January 5, 2016
FAC Filed: February 2, 2016
Trial Date: None set

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

1.
STIPULATION TO DISMISS ACTION

Case No. 3:16-cv-00041-MEJ

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Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), it is hereby stipulated and agreed by

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Plaintiff and Defendants herein that this action shall be dismissed on the following terms: (1)

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Plaintiff Kimberly Berger’s individual claims (including her individual claims under the Private

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Attorney General Act (“PAGA”)) against all Defendants named in Plaintiff’s Class Action

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Complaint (ECF 1) and any and all amendments, including the First Amended Complaint (ECF 6)

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(“Complaint”) are hereby dismissed with prejudice, (2) the claims asserted by Plaintiff Berger on

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behalf of the members of the putative class alleged in the Complaint are hereby dismissed without

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prejudice, (3) in exchange for a waiver of costs, the claims asserted by Plaintiff Berger under the

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PAGA (a) on behalf of herself are dismissed with prejudice and (b) on behalf of the members of the

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putative representative group are hereby dismissed without prejudice, and (4) except as otherwise

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provided above, the parties shall bear their own attorneys’ fees, costs, expenses and disbursements

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incurred in this action.

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Dated: March 20, 2017
/s/ Andrew M. Spurchise
ANDREW M. SPURCHISE
LITTLER MENDELSON, P.C.
Attorneys for Defendants
UBER TECHNOLOGIES, INC. and
RASIER-CA, LLC

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Dated March 20, 2017
/s/ Amy T. Wootton
AMY T. WOOTTON
HAMNER LAW OFFICES, APC
Attorneys for Plaintiff
KIMBERLY BERGER

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Attestation

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Pursuant to Northern District L.R. 5-1(i)(3) regarding signatures, I hereby attest that

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concurrence in the filing of this document has been obtained from each of the other signatories. I

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declare under penalty of perjury under the laws of the United States of America that the foregoing is

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true and correct.
/s/ Andrew M. Spurchise

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

1.
STIPULATION TO DISMISS ACTION

Case No. 3:16-cv-00041-MEJ

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[PROPOSED] ORDER

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IT IS SO ORDERED that, pursuant to the Parties stipulation, (1) Plaintiff Kimberly

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Berger’s individual claims (including her individual claims under the Private Attorney General Act

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(“PAGA”)) against all Defendants named in Plaintiff’s Class Action Complaint (ECF 1) and any and

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all amendments, including the First Amended Complaint (ECF 6) (“Complaint”) are hereby

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dismissed with prejudice, (2) the claims asserted by Plaintiff Berger on behalf of the members of the

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putative class alleged in the Complaint are hereby dismissed without prejudice, (3) in exchange for a

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waiver of costs, the claims asserted by Plaintiff Berger under the PAGA (a) on behalf of herself are

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dismissed with prejudice and (b) on behalf of the members of the putative representative group are

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hereby dismissed without prejudice, and (4) except as otherwise provided above, the parties shall

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bear their own attorneys’ fees, costs, expenses and disbursements incurred in this action.

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Dated: _______________, 2017
April 5

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HON.MARIA-ELENA JAMES
MAGISTRATE JUDGE

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Firmwide:145795936.2 073208.1133

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

2.
STIPULATION TO DISMISS ACTION

Case No. 3:16-cv-00041-MEJ