Garcia v. Enterprise Holdings, Inc. et al

Filing 32

ORDER by Judge Saundra Brown Armstrong Granting 31 Stipulation. (ndr, COURT STAFF) (Filed on 4/7/2014)

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KEKER & VAN NEST LLP
RACHAEL E. MENY - #178514
[e-mail]
JENNIFER A. HUBER - #250143
[e-mail]
MICHELLE S. YBARRA - #260697
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
LYFT, INC.

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CROWELL & MORING LLP
J. DANIEL SHARP - #131042
[e-mail]
275 Battery Street, 23rd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Defendant
ENTERPRISE HOLDINGS, INC.

EDELSON PC
MARK EISEN - #289009
[e-mail]
555 West Fifth Street, 31st Floor
Los Angeles, CA 90013
Telephone:
[phone]
Facsimile:
[phone]
JAY EDELSON (Admitted Pro Hac Vice)
[e-mail]
RAFEY S. BALABANIAN (Admitted Pro Hac Vice)
[e-mail]
BENJAMIN S. THOMASSEN (Admitted Pro Hac
Vice)
[e-mail]
JACK YAMIN (Admitted Pro Hac Vice)
[e-mail]
CHANDLER R. GIVENS (Admitted Pro Hac Vice)
[e-mail]
350 North LaSalle Street, Suite 1300
Chicago, IL 60654
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
MIGUEL GARCIA

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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MIGUEL GARCIA, individually and on
behalf of all others similarly situated,

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Plaintiff,
v.
ENTERPRISE HOLDINGS, INC., a
Missouri corporation, and LYFT INC. d/b/a
Zimride, a Delaware corporation,

Case No. 4:14-cv-00596-SBA
STIPULATION AND [PROPOSED]
ORDER CHANGING DATE OF INITIAL
CASE MANAGEMENT CONFERENCE
AND ASSOCIATED DEADLINES
Judge: Hon. Saundra Brown Armstrong
Date Filed: February 7, 2014

Defendants.

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STIPULATION AND [PROPOSED] ORDER CHANGING DATE OF INITIAL CASE MANAGEMENT
CONFERENCE AND ASSOCIATED DEADLINES
Case No. 4:14-cv-00596-SBA
813969.01

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WHEREAS, Plaintiff Miguel Garcia (“Plaintiff”) filed the Complaint in this action against

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Defendants Lyft, Inc. (“Lyft”) and Enterprise Holdings, Inc. d/b/a Zimride (“Enterprise”)

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(collectively, “Defendants”) on February 7, 2014; and

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WHEREAS Plaintiff filed a First Amended Complaint on March 28, 2014; and

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WHEREAS Plaintiff agreed to grant an extension of time for Defendants to respond to the

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First Amended Complaint to April 28, 2014, and the Court has so ordered; and
WHEREAS, pursuant to the Court’s February 25, 2014 Case Management Scheduling

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Order (Dkt. #23), April 15, 2014 is the last day for the parties to conduct their Rule 26(f)

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conference, meet and confer regarding ADR and a discovery plan, and comply with ADR L.R. 3-

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5, and April 29, 2014 is the last day for the parties to file their Rule 26(f) report, complete initial

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disclosures, and file a Case Management Statement in the above-captioned matter (collectively,

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the April 15 and April 29 deadlines are referred to as the “Initial Discovery Deadlines”); and

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WHEREAS, the parties are currently scheduled to appear telephonically before this Court
for the initial Case Management Conference on May 7, 2014 at 3:15 p.m.; and
WHEREAS, the parties agree that it would be most convenient and efficient to continue
the Initial Discovery Deadlines and Case Management Conference by 30 days.
THEREFORE, the parties hereby stipulate as follows:

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STIPULATION
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1.

The parties, by and through their undersigned counsel, hereby stipulate and

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respectfully request a continuance of the Initial Discovery Deadlines until May 15, 2014 and May

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29, 2014 respectively, and a continuance of the Case Management Conference scheduled for May

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7, 2014 until June 4, or 5, 2014 or as soon as practicable thereafter as the availability of the

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Court’s calendar permits.

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2.

The reason for the requested change of time for the Initial Discovery Deadlines

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and initial Case Management Conference is that a First Amended Complaint was recently filed by

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Plaintiff on March 28, 2014. Plaintiff has agreed to grant an extension of time for Defendants to

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respond to the First Amended Complaint until April 28, 2014, and the Court has so ordered.
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STIPULATION AND [PROPOSED] ORDER CHANGING DATE OF INITIAL CASE MANAGEMENT
CONFERENCE AND ASSOCIATED DEADLINES
Case No. 4:14-cv-00596-SBA

813969.01

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Therefore, so that the parties have sufficient time to consider the pleadings and the claims and

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defenses raised therein, and in the interest of mutual convenience to the parties and the Court, the

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parties believe that it is prudent to continue the Case Management Conference and Initial

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Discovery Deadlines until after Defendants have filed their responsive pleading on April 28,

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2014.

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3.

Three other time modifications have been made by stipulation in this matter. On

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February 21, 2014, Plaintiff and Enterprise stipulated that the time for Enterprise to respond to the

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original Complaint would be extended until April 4, 2014. See Dkt. 19. On February 25, 2014,

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Plaintiff and Lyft stipulated that the time for Lyft to respond to the original Complaint would also

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be extended to April 4, 2014. See Dkt. 25. Following the filing of the First Amended Complaint,

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the parties stipulated to extend the time for Defendants to respond to the First Amended

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Complaint until April 28, 2014, and the Court so ordered on March 31, 2014. See Dkt. 30.

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Additionally, the Court previously ordered that the initial Case Management Conference be

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continued from May 6, 2014 to May 7, 2014. See Dkt. 23. No other time modifications have

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been ordered by the Court.
4.

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The effect of this requested time modification would be to move the deadlines for

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the exchange of initial disclosures under Federal Rule of Civil Procedure 26(a)(1), the conference

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of the parties under Federal Rule of Civil Procedure 26(f), the submission of the Federal Rule of

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Civil Procedure 26(f) Joint Statement, and the ADR deadlines set by Civil Local Rule 16-8 and

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ADR Local Rule 3-5. The proposed time modification would also postpone the date on which the

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parties may commence discovery under Federal Rule of Civil procedure 26(d)(1).

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STIPULATION AND [PROPOSED] ORDER CHANGING DATE OF INITIAL CASE MANAGEMENT
CONFERENCE AND ASSOCIATED DEADLINES
Case No. 4:14-cv-00596-SBA
813969.01

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5.

All parties agree to the stipulation as indicated by their signatures below. The

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parties respectfully request that the Court approve the stipulation, pursuant to Civil L.R. 6-2 and

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enter an Order thereupon. A form of Proposed Order is filed herewith.

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Dated: April 4, 2014

EDELSON PC

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By:

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/s/ Benjamin S. Thomassen
BENJAMIN S. THOMASSEN
Attorneys for Plaintiff

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Dated: April 4, 2014

KEKER & VAN NEST LLP

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By:

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/s/ Michelle S. Ybarra
RACHAEL E. MENY
JENNIFER A. HUBER
MICHELLE S. YBARRA
Attorneys for Defendant
LYFT, INC.

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Dated: April 4, 2014

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CROWELL & MORING LLP
By:

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/s/ J. Daniel Sharp
J. DANIEL SHARP
Attorneys for Defendant
ENTERPRISE HOLDINGS, INC.

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ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the
filing of this document has been obtained from the other signatories.

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Dated: April 4, 2014
/s/ Michelle S. Ybarra
MICHELLE S. YBARRA

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STIPULATION AND [PROPOSED] ORDER CHANGING DATE OF INITIAL CASE MANAGEMENT
CONFERENCE AND ASSOCIATED DEADLINES
Case No. 4:14-cv-00596-SBA
813969.01

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[PROPOSED] ORDER

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The Court having considered the above joint request, and good standing appearing

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therefore, HEREBY ORDERS that the scheduled initial Case Management Conference date of

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May 7, 2014 is vacated, and shall be rescheduled for telephonic hearing on June ____, 2014

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3:15 p.m.
at__________.

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Further, the April 15, 2014 and April 29, 2014 deadlines set forth in the Order Setting

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Initial CMC and ADR Deadlines (Dkt. 5) and Case Management Scheduling Order for

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Reassigned Civil Cases (Dkt. 23) are vacated and reset for May 15, 2014 and May 29, 2014,

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respectively.

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IT IS SO ORDERED.

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DATED:

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April __, 2014

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By: __________________________________
Hon. Saundra Brown Armstrong
United States District Court
Northern District of California

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STIPULATION AND [PROPOSED] ORDER CHANGING DATE OF INITIAL CASE MANAGEMENT
CONFERENCE AND ASSOCIATED DEADLINES
Case No. 4:14-cv-00596-SBA
813969.01