Overton et al v. Uber Technologies, Inc. et al

Filing 58

STIPULATION AND ORDER re 57 Regarding Motion to Dismiss Briefing and Hearing Date, and Case Management Conference Hearing Date filed by Uber USA, LLC, etc. Case Management Statement due by 7/25/2018. Initial Case Management Confer ence reset for 8/1/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor. Responses due by 6/26/2018. Replies due by 7/9/2018. Motion Hearing set for 8/1/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Si gned by Judge Edward M. Chen on 6/8/18. The deputy clerk hereby certifies that a copy of this order was served today by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing.(bpfS, COURT STAFF) (Filed on 6/8/2018)

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ALLISON A. DAVIS (CA State Bar No. 139203)
SANJAY M. NANGIA (CA State Bar No. 264986)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]
Attorneys for Uber Technologies, Inc.,
Rasier-CA, LLC, and Uber USA, LLC
[Additional Parties Listed on Signature Page]

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DAVIS WRIGHT TREMAINE LLP

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ARCHIE OVERTON, S. PATRICK MENDEL,
Plaintiffs,

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v.
UBER TECHNOLOGIES, INC. RASIER-CA,
LLC, UBER USA, LLC, and DOES 1-100,
individuals acting in concert with
UBER TECHNOLOGIES, INC.; MICHAEL
PICKER, in his individual and Official Capacity;
CARLA J. PETERMAN, in her individual and
Official Capacity; LIANE M. RANDOLPH, in
her individual and Official Capacity; CLIFFORD
RECHTSCHAFFEN, in his individual and
Official Capacity; MARTHA GUZMAN
ACEVES, in her individual and Official
Capacity,

Case No. 18-cv-02166-EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING MOTION TO
DISMISS BRIEFING AND HEARING
DATE, AND CASE MANAGEMENT
CONFERENCE HEARING DATE

Defendants.

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STIPULATION REGARDING CMC AND MTD BRIEFING/HEARING DATE
Case No. 18-cv-02074-EMC
4821-7137-5464v.3 0096932-000048

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WHEREAS, Defendants Uber Technologies, Inc., Rasier-CA, LLC, and Uber USA, LLC

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(collectively, and for convenience, “Uber Defendants”) filed a Motion to Dismiss Plaintiffs’ First

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Amended Complaint on May 31, 2018;

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The hearing on Uber Defendants’ Motion to Dismiss was reset for July 27, 2018;

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The Case Management Conference (CMC) was also reset to July 27, 2018;

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Defendants Carla J. Peterman, Liane M. Randolph, Clifford Rechtschaffen, Martha

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Guzman Aceves (collectively, and for convenience, “the CPUC Defendants”) intend to file a

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Motion to Dismiss Plaintiffs’ First Amended Complaint on June 11, 2018;

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DAVIS WRIGHT TREMAINE LLP

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The parties desire the briefing schedule on both motions to be coordinated, and to allot
modest additional time to prepare their briefs;

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Counsel for Uber Defendants is unavailable on July 271;

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Counsel for the CPUC Defendants is unavailable on July 12 and July 19;2

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All counsel/party representatives are available on August 1, 2018;

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THEREFORE, IT IS STIPULATED AND AGREED by and among the undersigned as

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follows:

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1.

The CMC and hearing for both Motions to Dismiss will be moved to August 1,

2018 at 10:30 a.m.; and

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2.

The parties’ briefing schedule is as follows:
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shall be June 26, 2018.
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Uber Defendants’ deadline to submit a Reply in support of their Motion to
Dismiss shall be July 9, 2018.

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Plaintiffs’ deadline to file an Opposition to the CPUC Defendants’ Motion to
Dismiss shall be June 26, 2018.

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Plaintiffs’ deadline to file an Opposition to Uber Defendants’ Motion to Dismiss

The CPUC Defendants’ deadline to submit a Reply in support of their Motion to
Dismiss shall be July 9, 2018.

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Counsel is unavailable due to a long-planned family trip on July 27-July 31, and is also unavailable out of town on
August 10.
2
Counsel for the CPUC Defendants has a long-planned family vacation from July 9 through July 20, and is also
unavailable on August 3.
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STIPULATION REGARDING CMC AND MTD BRIEFING/HEARING DATE
Case No. 18-cv-02074-EMC
4821-7137-5464v.3 0096932-000048

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DATED this 8th day of June 2018

Respectfully submitted,
DAVIS WRIGHT TREMAINE LLP

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By: /s/ Sanjay M. Nangia
Sanjay M. Nangia

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Attorneys for Uber Technologies, Inc.,
Rasier-CA, LLC, and Uber USA, LLC

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By: /s/ Jonathan C. Koltz
Jonathan C. Koltz

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DAVIS WRIGHT TREMAINE LLP

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Attorney for the California Public
Utilities Commission

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STIPULATION REGARDING CMC AND MTD BRIEFING/HEARING DATE
Case No. 18-cv-02074-EMC
4821-7137-5464v.3 0096932-000048

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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________________________________
DERED
EDWARDS SO OR
M. CHEN
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United States District Judge

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6/8/2018

DATE: _____________________

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DAVIS WRIGHT TREMAINE LLP

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STIPULATION REGARDING CMC AND MTD BRIEFING/HEARING DATE
Case No. 18-cv-02074-EMC
4821-7137-5464v.3 0096932-000048

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ATTESTATION OF CONCURRENCE IN THE FILING
I, Sanjay M. Nangia, an ECF User whose ID and password are being used to file this

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STIPULATION in compliance with N.D. Cal. Civil Local Rule 5-1(i)(3), attests that all other

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signatories listed, and on whose behalf the filing is submitted, concur in the filing’s content and

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have authorized the filing.

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DATED: June 8, 2018

By: /s/Sanjay Nangia

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DAVIS WRIGHT TREMAINE LLP

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STIPULATION REGARDING CMC AND MTD BRIEFING/HEARING DATE
Case No. 18-cv-02074-EMC
4821-7137-5464v.3 0096932-000048