Todd Johnston v. Uber Technologies, Inc.

Filing 126

ORDER granting 125 Notice of Voluntary Dismissal. Case closed. Signed by Judge Edward M. Chen on 9/9/2020. (afmS, COURT STAFF) (Filed on 9/10/2020)

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ANDREW M. SPURCHISE, Bar No. 245998
[e-mail]
LITTLER MENDELSON, P.C.
900 Third Avenue
New York, New York 10022.3298
Telephone: [phone]
Facsimile:
212.832.2719
SOPHIA BEHNIA, Bar No. 289318
[e-mail]
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile:
415.399.8490
Attorneys for Defendant
UBER TECHNOLOGIES, 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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Case No. 3:16-CV-03134-EMC
TODD JOHNSTON, individually and on
behalf of a class of similarly situated persons,
STIPULATION FOR VOLUNTARY
Plaintiff,
DISMISSAL PER RULE 41(a)(1)(ii)
v.
UBER TECHNOLOGIES, INC., a Delaware
Corporation,
Defendant.

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Stipulation for Voluntary Dismissal Per Rule 41(a)(1)(ii)

CASE NO. 3:16-CV-03134-EMC

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Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff Todd Johnston
and Defendant Uber Technologies, Inc., by and through their respective counsel of record, hereby
submit this joint stipulation for dismissal of the above captioned case with prejudice.

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WHEREAS, on June 9, 2016, Plaintiff a proposed class action against Defendant in the

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United States District Court, Northern District of California, Case No. 33:16-cv-03134-EMC

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(“Complaint”) alleging claims for violation of the WARN Act;

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WHEREAS, on April 13, 2017, Defendants filed a motion to compel Plaintiff to arbitrate his
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claim on an individual basis and to dismiss his class claims;

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WHEREAS, on June 22, 2017, the Court stayed this matter because of pending appeal at the

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Ninth Circuit regarding the validity of Defendant’s arbitration agreements (see O’Connor et al. v.

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Uber Techs., Inc., Ninth Circuit Case No. 15-17475);

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WHEREAS, on March 14, 2018, the Court administratively denied without prejudice
Defendant’s motion to compel arbitration because of the length of the pending of the appeals;

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WHEREAS, on September 25, 2018, the United States Court of Appeals for the Ninth
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Circuit issued its opinion in O’Connor, reversing this Court’s order denying Defendant’s motion to
compel arbitration;
WHEREAS, on July 11, 2019, Defendant refiled a motion to compel arbitration and the
Court granted that motion on September 9, 2019;
WHEREAS, the proposed classes are not certified in this matter and no motion for
certification has been made or is pending;

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WHEREAS, the Parties have settled their dispute on an individual basis; and
WHEREAS, after conferences between the Parties, the Parties have mutually agreed to
dismiss Plaintiffs’ complaint in this matter, with prejudice.

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Stipulation for Voluntary Dismissal Per Rule 41(a)(1)(ii)

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THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Defendant,
through their respective counsel, as follows:
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Plaintiff hereby dismisses the above-captioned matter and all causes of action
therein with prejudice; and

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The Parties agree to bear their own costs.

IT IS SO STIPULATED.

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DATED: September 1, 2020

SLACK DAVIS SANGER, LLP

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/s/ John R. Davis

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By: John R. Davis
Counsel for Plaintiff, TODD JOHNSTON on behalf of
themselves and all others similarly situated

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DATED: September 8, 2020

LITTLER MENDELSON, P.C.

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/s/ Sophia Behnia

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S
UNIT
ED

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FILER’S ATTESTATION
D

TE

GRAN

Pursuant to Local Rule 5-1, I attest that concurrence in the filing of this document has been
obtained from each of the other signatories.
en
d M. Ch
e Edwar
Judg

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DATED: September 8, 2020 E
Dated: 9/9/2020

RN

/s/ Sophia Behnia

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FO

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R NIA

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ICT
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ES
AT
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By: Sophia Behnia
Counsel for Defendants, UBER TECHNOLOGIES,
INC.
DISTR

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OF
D I S T By: Sophia Behnia
R I C T for Defendants, UBER TECHNOLOGIES,
Counsel
INC.

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Stipulation for Voluntary Dismissal Per Rule 41(a)(1)(ii)