Metter v. Uber Technologies, Inc.

Filing 94

STIPULATION AND ORDER RE 93 to Amend Complaint & to Dismiss Plaintiff Metter filed by Julian Metter. Signed by Judge Richard Seeborg on 9/14/18. (cl, COURT STAFF) (Filed on 9/14/2018)

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Jordan L. Lurie (SBN 130013)
[e-mail]
Tarek H. Zohdy (SBN 247775)
[e-mail]
Cody R. Padgett (SBN 275553)
[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,

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Plaintiff,
v.

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STIPULATION AND [PROPOSED]
ORDER TO AMEND COMPLAINT AND
TO DISMISS PLAINTIFF METTER

UBER TECHNOLOGIES, INC.,

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Case No. 3:16-cv-06652-RS

Defendant.

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

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STIPULATION TO AMEND COMPLAINT AND DISMISS PLAINTIFF METTER
Case No. 3:16-cv-06652-RS
sf-3926140

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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

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Attorneys for Defendant
UBER TECHNOLOGIES, INC.

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STIPULATION TO AMEND COMPLAINT AND DISMISS PLAINTIFF METTER
Case No. 3:16-cv-06652-RS
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Pursuant to Northern District of California Local Rule 7-12, Plaintiff Julian Metter

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(“Plaintiff”) and Defendant Uber Technologies, Inc. (“Defendant”) (collectively referred to as the

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

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current complaint to add two new plaintiffs and to dismiss Plaintiff Metter due to illness, and

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request that the Court enter an Order to that effect as follows:

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RECITALS
WHEREAS on October 11, 2017, the Ninth Circuit granted Uber’s motion for a stay of

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its appeal and for a limited remand for this Court to conduct a mini-trial on the limited issue of

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contract formation of the arbitration agreement;

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WHEREAS on October 26, 2017, the Court set a bench trial for January 10, 2018;

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WHEREAS on December 28, 2017, Plaintiff’s counsel learned that Plaintiff Metter was

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recently diagnosed with lymphatic cancer that spread from an earlier diagnosis of bladder cancer;

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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 of the bench trial to April 11, 2018, and an

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extension of all corresponding pre-trial dates, to allow time for Plaintiff’s recovery from surgery;

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WHEREAS, Plaintiff continued to undergo treatment for his cancer that severely limited

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his ability to travel and appear for the aforementioned bench trial on April 11, 2018, and the

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Parties agreed to a further continuance of the bench trial, which the Court continued to October

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26, 2018 (Dkt. No. 89);

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WHEREAS, Plaintiff’s health continues to severely limit his ability to travel and

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otherwise participate in this action and the Parties now agree that, to avoid further delays in this

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action due to Plaintiff’s health concerns, it is necessary for Plaintiff to amend his complaint to

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name additional plaintiffs, whose information Plaintiff has provided to Defendant, and Defendant

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does not oppose the amendment to add these two new plaintiffs;

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WHEREAS, the Parties further agree that Plaintiff Metter’s individual claims should be

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dismissed without prejudice, given his health concerns and ongoing physical limitations, which

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severely and indefinitely affect his ability to participate as a named plaintiff in this action; and

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STIPULATION TO AMEND COMPLAINT AND DISMISS PLAINTIFF METTER
Case No. 3:16-cv-06652-RS
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THEREFORE, the Parties agree and request that:
1) Plaintiff shall file an amended complaint to add plaintiffs within 10 business days
of entry of the Order on this Stipulation;
2) Plaintiff Julian Metter shall be dismissed from this action without prejudice,
pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Each side shall bear its own costs; and
3) The Court should vacate the October 26, 2018 mini-trial on the issue of Mr.

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Metter’s contraction formation. Instead, Plaintiffs will file an amended complaint

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with two new plaintiffs. Thereafter, the Parties shall confer regarding the

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sufficiency of the allegations and whether it is necessary for Uber to move to

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compel arbitration as to the two new plaintiffs and/or whether a status conference

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will be required to resolve the issue prior to further briefing.

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Dated: September 10, 2018

CAPSTONE LAW APC
JORDAN L. LURIE
TAREK H. ZOHDY
CODY R. PADGETT
TRISHA K. MONESI

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By:

/s/ Trisha K. Monesi

TRISHA K. MONESI
ATTORNEYS FOR PLAINTIFF
JULIAN METTER

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STIPULATION TO AMEND COMPLAINT AND DISMISS PLAINTIFF METTER
Case No. 3:16-cv-06652-RS
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Dated: September 10, 2018

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

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By:

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/s/ William Stern
WILLIAM L. STERN

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Attorneys for Defendant
UBER TECHNOLOGIES, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
1) Plaintiff shall file an amended complaint to add plaintiffs within 10 business days
of entry of the Order on this Stipulation;
2) Plaintiff Julian Metter shall be dismissed from this action without prejudice,

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pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and each side shall bear its own costs;

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and

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3) The October 26, 2018 mini-trial on the issue of Mr. Metter’s contraction formation

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is vacated. Rather, Plaintiffs shall file an amended complaint with two new

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plaintiffs. Thereafter, the Parties shall confer regarding the sufficiency of the

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allegations and whether it is necessary for Uber to move to compel arbitration as to

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the two new plaintiffs and/or whether a status conference will be required to

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resolve the issue prior to further briefing.

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9/14/18
Date: _______________________

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____________________________
Hon. Richard Seeborg

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STIPULATION TO AMEND COMPLAINT AND DISMISS PLAINTIFF METTER
Case No. 3:16-cv-06652-RS
sf-3926140