Metter v. Uber Technologies, Inc.

Filing 89

STIPULATION AND ORDER RE 88 TO CONTINUE APRIL 11, 2018 BENCH TRIAL. Bench Trial previously set for 4/11/18 has been continued to 10/26/2018 at 09:30 AM before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 4/10/18. (cl, COURT STAFF) (Filed on 4/10/2018)

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Bevin Allen Pike (SBN 221936)
[e-mail]
Robert K. Friedl (SBN 134947)
[e-mail]
Trisha K. Monesi (SBN 303512)
[e-mail]
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Francis J. Flynn, Jr. (SBN 304712)
Law Office of Francis J. Flynn, Jr.
6220 West Third Street, #115
Los Angeles, CA 90036
[e-mail]
Telephone: [phone]

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Attorneys for Plaintiff
Julian Metter

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[Additional counsel listed on next page]

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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,
Plaintiff,
v.

Case No. 3:16-cv-06652-RS
ORDER
STIPULATION TO CONTINUE APRIL
11, 2018, BENCH TRIAL AND ALL
RELATED DEADLINES

UBER TECHNOLOGIES, INC.,
Defendant.

Date:
Time:

April 11, 2018
9:30 a.m.

Judge:
Hon. Richard Seeborg
Action Filed: November 16, 2016

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STIPULATION TO CONTINUE APRIL 11, 2018, MINI-TRIAL AND ALL RELATED DEADLINES
Case No. 3:16-cv-06652-RS

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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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STIPULATION TO CONTINUE APRIL 11, 2018, MINI-TRIAL AND ALL RELATED DEADLINES
Case No. 3:16-cv-06652-RS

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Pursuant to Northern District of California Local Rules 7-1, 7-12 and 40-1, Plaintiff Julian

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Metter (“Plaintiff”) and Defendant Uber Technologies, Inc. (“Defendant”) (collectively referred

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to as the “Parties”), by and through their undersigned counsel of record, hereby stipulate as

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follows:

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RECITALS
WHEREAS on October 11, 2017, the Ninth Circuit granted Uber’s motion for a stay of
its appeal and for a limited remand for this Court to conduct a mini-trial;
WHEREAS on October 26, 2017, the Court set a bench trial on January 10, 2018 at 9:30
a.m. before the Honorable Richard Seeborg;
WHEREAS on December 28, 2017, Plaintiff’s counsel learned that Plaintiff was recently
diagnosed with lymphatic cancer that spread from an earlier diagnosis of bladder cancer.
WHEREAS, Plaintiff underwent surgery on January 2, 2018, as part of his treatment and,

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as such, the Parties agreed to a short continuance to April 11, 2018, of the bench trial on the

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limited issue of contract formation of the arbitration agreement, and all corresponding pre-trial

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dates, to allow time for Plaintiff’s recovery from surgery.

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WHEREAS, Plaintiff continues to undergo treatment for his cancer that severely limits
his ability to travel and appear for the aforementioned bench trial on April 11, 2018.
WHEREAS, the Parties agree that a further continuance of the bench trial is necessary to
allow Plaintiff adequate time to complete and recover from his cancer treatments.

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THEREFORE, the Parties agree and request that:

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(1)

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The trial of this action be continued to October 17, 2018, or as soon thereafter as

the Court’s calendar permits; and
(2)

All pre-trial deadlines shall be extended and will run in accordance with the

continued trial date.

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STIPULATION TO CONTINUE APRIL 11, 2018, MINI-TRIAL AND ALL RELATED DEADLINES
Case No. 3:16-cv-06652-RS

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Dated: April 10, 2018

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BEVIN ALLEN PIKE
ROBERT K. FRIEDL
TRISHA K. MONESI
FRANCIS J. FLYNN, JR.

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By:

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BEVIN ALLEN PIKE
ATTORNEYS FOR PLAINTIFF
JULIAN METTER

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/s/ Bevin Allen Pike

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Dated: April 10, 2018

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

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By:

/s/ William L. Stern
WILLIAM L. STERN

Attorneys for Defendant
UBER TECHNOLOGIES, INC.

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STIPULATION TO CONTINUE APRIL 11, 2018, MINI-TRIAL AND ALL RELATED DEADLINES
Case No. 3:16-cv-06652-RS

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
The bench trial previously set for April 11, 2018, is hereby continued to

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____________________, 2018, at ______ a.m./p.m. before the Honorable Richard Seeborg. All
October 26
XXX
9:30

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pre-trial deadlines shall be extended and will run in accordance with the continued trial date.

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Date: _______________________
4/10/18

____________________________
Hon. Richard Seeborg

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STIPULATION TO CONTINUE APRIL 11, 2018, MINI-TRIAL AND ALL RELATED DEADLINES
Case No. 3:16-cv-06652-RS