Snow et al v. Eventbrite, Inc.

Filing 47

ORDER RE: UPDATED BRIEFING SCHEDULE RE: DEFENDANT EVENTBRITE, INC.'S 27 SECOND MOTION TO COMPEL ARBITRATION - Response due by 6/16/2021. Reply due by 7/16/2021. Motion Hearing set for 8/11/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 3/31/2021. (jmdS, COURT STAFF) (Filed on 3/31/2021)

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GUTRIDE SAFIER LLP
Seth A. Safier (Bar No. 197427)
Marie A. McCrary (Bar No. 262670)
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs

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SINGER CASHMAN LLP
Adam S. Cashman (Bar No. 255063)
[e-mail]
Doug Tilley (Bar No. 265997)
[e-mail]
505 Montgomery Street, Suite 1100
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Eventbrite, 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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SHERRI SNOW and LINDA CONNER, as
individuals, on behalf of themselves, the
general public and those similarly situated,
Plaintiffs,

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v.

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EVENTBRITE, INC.,

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Defendant.

CASE NO. 3:20-CV-03698-WHO
STIPULATION AND ORDER RE:
UPDATED BRIEFING SCHEDULE RE:
DEFENDANT EVENTBRITE, INC.’S
SECOND MOTION TO COMPEL
ARBITRATION
[Civil L.R. 6-1(b), 6-2]
Complaint Filed: June 4, 2020

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-1STIPULATION AND PROPOSED ORDER RE: UPDATED BRIEFING SCHEDULE RE: DEFENDANT EVENTBRITE, INC.’S SECOND
MOTION TO COMPEL ARBITRATION
CASE NO. 3:20-CV-03698-WHO

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Pursuant to Civil L.R. 6-1(b) and 6-2, Plaintiffs Sherri Snow and Linda Conner (collectively,

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“Plaintiffs”) and Defendant Eventbrite, Inc. (“Eventbrite” and, together with Plaintiffs, the “Parties”),

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through their undersigned counsel, hereby stipulate and agree as follows regarding document

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production and the corresponding briefing schedule regarding Eventbrite’s Second Motion to Compel

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Arbitration:

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WHEREAS, Plaintiffs initiated this action on June 4, 2020 (see Dkt. No. 1);

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WHEREAS, on June 9, 2020, Eventbrite agreed to accept service electronically, in exchange

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for a 30 day extension of time to respond to that Complaint;

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WHEREAS, on July 28, 2020, the Parties submitted a stipulation in which (a) Eventbrite

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advised the Court of its intent to file a motion to compel arbitration of Plaintiffs’ claims; (b) the

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Parties agreed that Plaintiffs would receive specified arbitration-related discovery; (c) the Parties

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proposed a briefing and hearing schedule for Eventbrite’s motion to compel arbitration; and (d) the

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Parties proposed a schedule for Eventbrite to respond to the Complaint in the event its motion to

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compel arbitration was denied (see Dkt. No. 12);
WHEREAS, on August 10, 2020, the Court modified and entered the Parties’ stipulation (see

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Dkt. No. 16);

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WHEREAS, on August 31, 2020, Eventbrite filed its motion to compel arbitration (see Dkt.
No. 18);
WHEREAS, on October 19, 2020, the Court denied Eventbrite’s motion to compel arbitration

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(see Dkt. No. 22);

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WHEREAS, on October 30, 2020, Eventbrite informed Plaintiff of its intention to file a

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renewed motion to compel arbitration and Plaintiff agreed to a seven-day extension of Eventbrite’s

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deadline to respond to the Complaint while the Parties met and conferred on Eventbrite’s motion;
WHEREAS, on November 2, 2020, the Court entered the Parties’ stipulation (see Dkt. No.

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24);
WHEREAS, on November 16, 2020, Eventbrite filed its second motion to compel arbitration
(see Dkt. No. 27);

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-1STIPULATION AND PROPOSED ORDER RE: UPDATED BRIEFING SCHEDULE RE: DEFENDANT EVENTBRITE, INC.’S SECOND
MOTION TO COMPEL ARBITRATION
CASE NO. 3:20-CV-03698-WHO

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WHEREAS, on November 25, 2020, in light of the Thanksgiving holiday, the Parties filed a

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stipulation in which they agreed to a seven-day extension of both Plaintiffs’ deadline to file an

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opposition to Eventbrite’s Second Motion to Compel Arbitration and Eventbrite’s deadline to file a

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reply in support of its Second Motion to Compel Arbitration (See Dkt. No. 32);
WHEREAS, on November 30, 2020, the Court entered the Parties’ stipulation (see Dkt. No.

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33);

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WHEREAS, on December 1, 2020, Plaintiffs served a second set of arbitration-related

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Requests for Production and Interrogatories, as well as a Notice of Deposition for Nick Popoff, on

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Eventbrite (Plaintiffs’ “Second Arbitration Discovery Requests”);

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WHEREAS, on December 7, 2020, the Parties filed a stipulation in which Eventbrite agreed

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to respond to Plaintiffs’ second set of arbitration-related discovery and, to accommodate said

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discovery, to modify the briefing schedule on Eventbrite’s Second Motion to Compel Arbitration (see

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Dkt. No. 36);
WHEREAS, on December 8, 2020, the Court entered the Parties’ stipulation (see Dkt. No.

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37);
WHEREAS, on January 15, 2021, Eventbrite responded to Plaintiffs’ second set of

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arbitration-related discovery and produced corresponding documents;

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WHEREAS, on February 19, 2021, the Parties filed a joint discovery letter brief concerning
Eventbrite’s response to Plaintiffs’ second set of arbitration-related discovery (see Dkt. No. 42);

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WHEREAS, the Parties agreed to delay the deposition of Nick Popoff until after the issues in
the Parties’ joint discovery dispute letter was resolved by the Court;
WHEREAS, on February 22, 2021, the Court ordered Eventbrite to “produce the requested

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templating files for the 14 dates previously identified in the production requests and [to] produce the

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dates on which the other files at issue were created or modified, and related metadata” (see Dkt. No.

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43);

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WHEREAS, Plaintiffs’ deadline to respond to Eventbrite’s Second Motion to Compel
Arbitration was March 15, 2021;

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-1STIPULATION AND PROPOSED ORDER RE: UPDATED BRIEFING SCHEDULE RE: DEFENDANT EVENTBRITE, INC.’S SECOND
MOTION TO COMPEL ARBITRATION
CASE NO. 3:20-CV-03698-WHO

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WHEREAS, on March 15, 2021, the Parties filed a stipulation that discussions were ongoing

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regarding: (i) the deadline for Eventbrite to comply with the Court’s February 22, 2021 Order; (ii) the

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deadline for Mr. Popoff’s deposition; and (iii) a briefing schedule for Plaintiffs’ opposition to

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Eventbrite’s Second Motion to Compel Arbitration and Eventbrite’s reply (see Dkt. No. 44);

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WHEREAS, on March 17, 2021, the Court entered the Parties’ stipulation (see Dkt. No. 45);

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WHEREAS, the Parties met and conferred on March 22, 2021, regarding a modified schedule

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for the outstanding discovery, remaining briefing regarding Eventbrite’s Second Motion to Compel

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Arbitration, and the deposition of Mr. Popoff regarding the same; and

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WHEREAS, there is currently no trial date set, nor are there any other case deadlines

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calendared, so the Parties do not anticipate that this extension would have a significant impact on the

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case calendar.

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THEREFORE, it is hereby stipulated and agreed as follows:
1. Eventbrite will produce all the documents ordered by the Court’s February 22, 2021
Order by April 16, 2021.
2. Unless otherwise agreed between the Parties, Plaintiffs will conduct the deposition of
Nick Popoff by May 17, 2021.
3. Plaintiffs’ deadline to respond to Eventbrite’s Second Motion to Compel Arbitration
shall be extended to June 16, 2021.
4. Eventbrite’s Reply to Plaintiffs’ Response to its Second Motion to Compel Arbitration
shall be extended to July 16, 2021.

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Respectfully submitted,

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Date: March 30, 2021

GUTRIDE SAFIER LLP
By: /s/ Seth A. Safier /s/
Seth A. Safier
Marie A. McCrary
Attorneys for Plaintiffs

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-1STIPULATION AND PROPOSED ORDER RE: UPDATED BRIEFING SCHEDULE RE: DEFENDANT EVENTBRITE, INC.’S SECOND
MOTION TO COMPEL ARBITRATION
CASE NO. 3:20-CV-03698-WHO

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Date: March 30, 2021

SINGER CASHMAN LLP
By: /s/ Adam S. Cashman /s/
Adam S. Cashman
Doug Tilley
Attorneys for Eventbrite, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Hearing set for August 11, 2021 at 2:00 p.m.

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Dated:March 31, 2021

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________________________________
HON. WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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-1STIPULATION AND PROPOSED ORDER RE: UPDATED BRIEFING SCHEDULE RE: DEFENDANT EVENTBRITE, INC.’S SECOND
MOTION TO COMPEL ARBITRATION
CASE NO. 3:20-CV-03698-WHO

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(I)(3)

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I, Seth A. Safier, am the ECF user whose identification and password are being used to file

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this Stipulation re: Updated Briefing Briefing Schedule re: Eventbrite’s Second Motion to Compel

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Arbitration. In compliance with L.R. 5-1(i)(3), I hereby attest that Eventbrite’s counsel, Adam S.

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Cashman, concurs in this filing.

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Dated: March 30, 2021

By: /s/ Seth A. Safier /s/
Seth A. Safier

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-1STIPULATION AND PROPOSED ORDER RE: UPDATED BRIEFING SCHEDULE RE: DEFENDANT EVENTBRITE, INC.’S SECOND
MOTION TO COMPEL ARBITRATION
CASE NO. 3:20-CV-03698-WHO