Metter v. Uber Technologies, Inc.

Filing 21

STIPULATION AND ORDER to Extend Time to Respond to Complaint and Briefing Schedule. Signed by Judge Richard Seeborg on 1/9/17. (cl, COURT STAFF) (Filed on 1/9/2017)

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WILLIAM L. STERN (BAR NO. 96105)
[e-mail]
TIFFANY CHEUNG (BAR NO. 211497)
[e-mail]
CLAUDIA M. VETESI (BAR NO. 233485)
[e-mail]
LUCIA X. ROIBAL (BAR NO. 306721)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
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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JULIAN METTER, individually and on behalf
of a class of similarly situated individuals,

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Plaintiff,
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v.

Case No. 3:16-cv-06652-RS
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
RESPOND TO COMPLAINT AND
BRIEFING SCHEDULE

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UBER TECHNOLOGIES, INC.,

Judge: Richard Seeborg

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Defendant.

Action Filed: November 16, 2016

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND BRIEFING SCHEDULE
Case No. 3:16-cv-06652-RS
sf-3729309

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STIPULATION

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Pursuant to Northern District of California Local Rule 6-1 and 6-2, Plaintiff Julian Metter

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(“Plaintiff”) and Defendant Uber Technologies, Inc. (“Uber”), by and through their undersigned

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counsel, stipulate as follows:

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WHEREAS, Plaintiff filed the Complaint in this action on November 16, 2016, and
served Uber with the Complaint on or about November 17, 2016;

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WHEREAS, the parties previously stipulated to extend the deadline for Defendant to

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respond to the Complaint, resulting in an extension up to and including January 9, 2017, and set

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the following briefing schedule (ECF No. 9):

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Plaintiff’s opposition to Uber’s responsive motion is due on or before February 1,

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2017; and

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Uber’s reply in support of its motion is due on or before February 15, 2017;

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WHEREAS, Defendant filed an unopposed motion to relate in Cordas v. Uber

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Technologies, Inc., No. 4:16-cv-04065-RS (N.D. Cal. filed July 20, 2016) (“Cordas”), which was

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granted on December 16, 2016. Because the cases were related, Defendant intended to file a

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motion to stay this case pending resolution of Cordas in response to the Complaint, on January 9,

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2017;

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WHEREAS, on January 5, 2017, this Court heard Uber Technologies, Inc.’s Motion to

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Compel Arbitration and Dismiss or Stay Litigation in Cordas. Later that day, this Court granted

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Uber’s motion, and stayed the case pending completion of the arbitration;

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WHEREAS, now that the Court has granted Uber’s motion to compel arbitration in
Cordas, Defendant’s intended motion to stay pending resolution of Cordas is moot;
WHEREAS, Uber now plans to file a motion to compel arbitration in this case. Without

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an extension of time to file the motion to compel arbitration, there is insufficient time to prepare a

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motion to compel arbitration in the time remaining before Uber’s response is due;

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WHEREAS, Plaintiff has agreed to extend Defendant’s deadline to respond to the
Complaint up to and including January 17, 2017;

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND BRIEFING SCHEDULE
Case No. 3:16-cv-06652-RS
sf-3729309

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WHEREAS, the parties have agreed to the following briefing schedule:

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Plaintiff’s opposition to Uber’s responsive motion is due on or before February 14,

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2017;

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Uber’s reply in support of its motion is due on or before February 28, 2017.

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THEREFORE, IT IS AGREED AND STIPULATED that Uber’s deadline to answer or

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otherwise respond to Plaintiff’s Complaint is extended up to and including January 16, 2017;

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Plaintiff’s opposition to any responsive motion filed by Uber is extended up to and including

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February 14, 2017, and Uber’s reply in support of its motion is extended up to and including

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February 28, 2017.

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Dated: January 6, 2017

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WILLIAM L. STERN
TIFFANY CHEUNG
CLAUDIA M. VETESI
LUCIA X. ROIBAL
MORRISON & FOERSTER LLP
By:

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/s/ William L. Stern
WILLIAM L. STERN
Attorneys for Defendant
UBER TECHNOLOGIES, INC.

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LEE A. CIRSCH
ROBERT K. FRIEDL
TRISHA K. MONESI
FRANCIS J. FLYNN, JR.

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By:

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Dated: January 6, 2017

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/s/ Lee A. Cirsch
LEE A. CIRSCH
Attorneys for Plaintiff
JULIAN METTER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: __________________
1/9/17

_________________________
Hon. Richard Seeborg

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND BRIEFING SCHEDULE
Case No. 3:16-cv-06652-RS
sf-3729309

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