Mesachi v. Postmates Inc.

Filing 11

ORDER granting 10 STIPULATION to extend deadlines re: 9 MOTION to Compel Arbitration and Stay Civil Proceedings. Response due by 11/30/2020. Reply due by 12/11/2020. Motion Hearing reset for 1/6/2021 02:00 PM in Videoconference Only before Judge William H. Orrick. Signed by Judge William H. Orrick on 11/17/2020. (jmdS, COURT STAFF) (Filed on 11/17/2020)

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Case 3:20-cv-07028-WHO Document 11 Filed 11/17/20 Page 1 of 5 1 4 LAW OFFICE OF THOMAS R. KAYES, LLC THOMAS R. KAYES, SBN 327020 tom@kayes.law 2045 W. Grand Ave., Suite B PMB 62448 Chicago, IL 60612 Telephone: 708.722.2241 5 Attorney for Plaintiff Edmond Mesachi 2 3 GIBSON, DUNN & CRUTCHER LLP THEANE EVANGELIS, SBN 243570 tevangelis@gibsondunn.com DHANANJAY S. MANTHRIPRAGADA, SBN 254433 dmanthripragada@gibsondunn.com 333 South Grand Avenue Los Angeles, CA 90071-3197 Telephone: 213.229.7000 Facsimile: 213.229.7520 6 Attorneys for Defendant Postmates Inc. 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 EDMOND MESACHI, 12 13 14 15 Plaintiff, v. POSTMATES INC., Defendant. Case No. 3:20-CV-07028-WHO JOINT STIPULATED REQUEST FOR ORDER EXTENDING BRIEFING SCHEDULE AND CONTINUING HEARING ON DEFENDANT’S MOTION TO COMPEL ARBITRATION AND STAY CIVIL PROCEEDINGS Honorable William H. Orrick 16 Action Filed: October 8, 2020 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATED REQUEST FOR ORDER EXTENDING BRIEFING SCHEDULE AND CONTINUING HEARING Case No. 4:20-CV-07028-WHO Case 3:20-cv-07028-WHO Document 11 Filed 11/17/20 Page 2 of 5 1 2 3 STIPULATION Under Civil Local Rule 6-2, plaintiff Edmond Mesachi and defendant Postmates Inc. stipulate and agree as follows: 4 WHEREAS, Mesachi filed his Complaint against Postmates on October 8, 2020 (Dkt. 1); 5 WHEREAS, Postmates filed its Motion to Compel Arbitration and Stay Civil Proceedings 6 7 8 9 (“Motion”) on November 4, 2020 (Dkt. 9); WHEREAS, pursuant to Local Rule 7-3, Mesachi’s Opposition to the Motion is due November 18, 2020, and Postmates’ Reply is due November 25, 2020; WHEREAS, the hearing on the Motion is currently scheduled for December 9, 2020; 10 WHEREAS, Mesachi’s counsel, a solo practitioner, requires a small amount of extra time to 11 prepare Mesachi’s Opposition to the Motion due to the Thanksgiving holiday, the press of other 12 business, and the fact that his wife is now in the late stages of a medically complicated pregnancy; 13 WHEREAS, Postmates has no objection to extending the briefing schedule; and, 14 WHEREAS, there have been no prior extensions of time in this case; 15 NOW THEREFORE, the parties request that the Court order that Mesachi’s Opposition be due 16 on November 30, 2020; that Postmates’ Reply be due on December 11, 2020; and that the hearing on 17 Postmates’ Motion be continued from December 9, 2020 to December 16, 2020 or such other time as 18 gives the Court the necessary time to review the papers. 19 IT IS SO STIPULATED. 20 21 22 23 24 25 26 27 28 1 JOINT STIPULATED REQUEST FOR ORDER EXTENDING BRIEFING SCHEDULE AND CONTINUING HEARING Case No. 4:20-CV-07028-WHO Case 3:20-cv-07028-WHO Document 11 Filed 11/17/20 Page 3 of 5 1 Dated: November 16, 2020 GIBSON, DUNN & CRUTCHER LLP 2 3 By: 4 /s/ Dhananjay Manthripragada Dhananjay Manthripragada Attorneys for Defendant Postmates Inc. 5 6 Dated: November 16, 2020 LAW OFFICE OF THOMAS R. KAYES, LLC 7 8 By: /s/ Thomas Kayes Thomas Kayes 9 Attorney for Plaintiff Edmond Mesachi 10 11 12 13 14 15 PURSUANT TO STIPULATION, as modified, IT IS SO ORDERED: the hearing on the motion is set for January 6, 2021 at 2 p.m. Dated: November 17, 2020 __________________________________________ Hon. William H. Orrick 16 17 18 19 20 21 22 23 24 25 26 27 28 2 JOINT STIPULATED REQUEST FOR ORDER EXTENDING BRIEFING SCHEDULE AND CONTINUING HEARING Case No. 4:20-CV-07028-WHO Case 3:20-cv-07028-WHO Document 11 Filed 11/17/20 Page 4 of 5 1 ECF ATTESTATION 2 I, Thomas Kayes, hereby attest that concurrence in the filing of this document has been obtained 3 from Dhananjay Manthripragada, and that this document was served by electronic filing on November 4 16, 2020, on all counsel of record. 5 6 DATED: November 16, 2020 By: /s/ Thomas Kayes Thomas Kayes 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATED REQUEST FOR ORDER EXTENDING BRIEFING SCHEDULE AND CONTINUING HEARING Case No. 4:20-CV-07028-WHO Case 3:20-cv-07028-WHO Document 11 Filed 11/17/20 Page 5 of 5 1 DECLARATION 2 I, Thomas Kayes, declare as follows: 3 1. I am over 18 years old. 4 2. I have personal knowledge of all facts in this declaration. 5 3. I am plaintiff Edmond Mesachi’s lawyer. 6 4. I have reviewed the facts stated in the concurrently filed stipulation. 7 5. I have personal knowledge of those facts. 8 6. Those facts are true. 9 10 I declare that these facts are true under penalty of perjury under the law of the United States. Date: November 16, 2020. 11 12 /s/ Thomas R. Kayes 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATED REQUEST FOR ORDER EXTENDING BRIEFING SCHEDULE AND CONTINUING HEARING Case No. 4:20-CV-07028-WHO

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