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)

Case 3:20-cv-07028-WHO Document 11 Filed 11/17/20 Page 1 of 5

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LAW OFFICE OF THOMAS R. KAYES, LLC
THOMAS R. KAYES, SBN 327020
[e-mail]
2045 W. Grand Ave., Suite B
PMB 62448
Chicago, IL 60612
Telephone: [phone]

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Attorney for Plaintiff Edmond Mesachi

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GIBSON, DUNN & CRUTCHER LLP
THEANE EVANGELIS, SBN 243570
[e-mail]
DHANANJAY S. MANTHRIPRAGADA, SBN
254433
[e-mail]
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520

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Attorneys for Defendant Postmates Inc.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EDMOND MESACHI,

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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

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Action Filed:

October 8, 2020

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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

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STIPULATION
Under Civil Local Rule 6-2, plaintiff Edmond Mesachi and defendant Postmates Inc. stipulate
and agree as follows:

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WHEREAS, Mesachi filed his Complaint against Postmates on October 8, 2020 (Dkt. 1);

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WHEREAS, Postmates filed its Motion to Compel Arbitration and Stay Civil Proceedings

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(“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;

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WHEREAS, Mesachi’s counsel, a solo practitioner, requires a small amount of extra time to

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prepare Mesachi’s Opposition to the Motion due to the Thanksgiving holiday, the press of other

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business, and the fact that his wife is now in the late stages of a medically complicated pregnancy;

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WHEREAS, Postmates has no objection to extending the briefing schedule; and,

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WHEREAS, there have been no prior extensions of time in this case;

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NOW THEREFORE, the parties request that the Court order that Mesachi’s Opposition be due

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on November 30, 2020; that Postmates’ Reply be due on December 11, 2020; and that the hearing on

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Postmates’ Motion be continued from December 9, 2020 to December 16, 2020 or such other time as

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gives the Court the necessary time to review the papers.

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IT IS SO STIPULATED.

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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

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Dated: November 16, 2020

GIBSON, DUNN & CRUTCHER LLP

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By:

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/s/ Dhananjay Manthripragada
Dhananjay Manthripragada
Attorneys for Defendant Postmates Inc.

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Dated: November 16, 2020

LAW OFFICE OF THOMAS R. KAYES, LLC

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By:

/s/ Thomas Kayes
Thomas Kayes

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Attorney for Plaintiff Edmond Mesachi

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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

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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

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ECF ATTESTATION

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I, Thomas Kayes, hereby attest that concurrence in the filing of this document has been obtained

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from Dhananjay Manthripragada, and that this document was served by electronic filing on November

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16, 2020, on all counsel of record.

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DATED: November 16, 2020

By:

/s/ Thomas Kayes
Thomas Kayes

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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

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DECLARATION

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I, Thomas Kayes, declare as follows:

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1.

I am over 18 years old.

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2.

I have personal knowledge of all facts in this declaration.

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3.

I am plaintiff Edmond Mesachi’s lawyer.

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4.

I have reviewed the facts stated in the concurrently filed stipulation.

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5.

I have personal knowledge of those facts.

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Those facts are true.

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I declare that these facts are true under penalty of perjury under the law of the United States.
Date: November 16, 2020.

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/s/ Thomas R. Kayes

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JOINT STIPULATED REQUEST FOR ORDER EXTENDING BRIEFING SCHEDULE AND CONTINUING
HEARING
Case No. 4:20-CV-07028-WHO