Sherry Singer et al v. Postmates, Inc.

Filing 26

ORDER GRANTING AS MODIFIED 15 MOTION PLAINTIFFS MOTION FOR NOTICE TO BE ISSUED TO SIMILARLY SITUATED EMPLOYEES PURSUANT TO 29 U.S.C. § 216(b). Responses due by 7/13/2015. Replies due by 7/20/2015. Motion Hearing set for 8/14/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 6/5/15. (jjoS, COURT STAFF) (Filed on 6/5/2015)

Case4:15-cv-01284-JSW Document24 Filed06/04/15 Page1 of 4

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ANDREW M. SPURCHISE, Bar No. 245998
[e-mail]
JOHN S. HONG, Bar No. 255150
[e-mail]
MEL M.C. COLE, Bar No. 293265
[e-mail]
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, California 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
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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SHERRY SINGER, RYAN WILLIAMS,
RYDER VANDERHEYDEN, STEVEN
GRANT, and MICHAEL TSAPATSARIS,
individually and on behalf of all others
similarly situated,
Plaintiffs,
v.
POSTMATES, INC.,
Defendant.

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Case No. 4:15-cv-01284-JSW
STIPULATION AND [PROPOSED]
ORDER TO EXTEND BRIEFING
SCHEDULE AND COTINUE PLAINTIFFS’
MOTION FOR NOTICE TO BE ISSUED
TO SIMILARLY SITUATED EMPLOYEES
PURSUANT TO 29 U.S.C. § 216(b) as modified
Date: TBD
Time: TBD
Location: Courtroom 5, 2nd Floor
Complaint Filed: March 19, 2015
FAC Filed: May 26, 2015

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP & [PROPOSED] ORDER TO EXTEND
BRIEFING SCHEDULE RE: PLTFS’ MOT FOR
NOTICE PURSUANT TO 29 U.S.C. § 216(B)

Case No. 4:15-cv-01284-JSW

Case4:15-cv-01284-JSW Document24 Filed06/04/15 Page2 of 4

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IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs SHERRY

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SINGER, RYAN WILLIAMS, RYDER VANDERHEYDEN, STEVEN GRANT, and MICHAEL

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TSAPATSARIS (“Plaintiffs”) and Defendant POSTMATES, INC. (“Defendant”), through their

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respective counsel, as follows:

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WHEREAS, Defendant executed a Waiver of Service sent on April 29, 2015, and
Plaintiffs filed said Waiver of Service on May 7, 2015;

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WHEREAS, Defendant’s responsive pleading is now due on June 29, 2015 as a result
of the Waiver of Service;

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WHEREAS, Plaintiffs filed a Motion for Notice to Be Issued to Similarly Situated

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Employees Pursuant to 29 U.S.C. § 216(b) on May 26, 2015, causing Defendant’s Opposition to be

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due June 9, 2015, before the deadline for Defendant’s responsive pleading;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and
Defendant, through their respective attorneys of record as follows:

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1.

The Parties agree to extend the briefing schedule so that Defendant’s

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Opposition to Plaintiffs’ Motion for Notice to Be Issued to Similarly Situated Employees Pursuant to

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29 U.S.C. § 216(b) be due after Defendant’s responsive pleading;

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2.

The Parties further agree that the statute of limitations pertaining to the time

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available to any similarly situated employees to opt out will toll according to the originally noticed

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July 2, 2015 hearing date;

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3.

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to July 20, 2015;

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4.

The deadline for Plaintiffs’ Reply will be continued from June 16, 2015 to

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The hearing for Plaintiffs’ Motion is Noticed for August 7, 2015, at 9:00 a.m.,

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The deadline for Defendant’s Opposition will be continued from June 9, 2015

July 31, 2015;

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or any date and time thereafter at the Court’s convenience, in Courtroom 5, 2nd Floor, at 1301 Clay

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Street, Oakland, CA 94612.

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//

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//

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP & [PROPOSED] ORDER TO EXTEND
BRIEFING SCHEDULE RE: PLTFS’ MOT FOR
NOTICE PURSUANT TO 29 U.S.C. § 216(B)

Case No. 4:15-cv-01284-JSW

Case4:15-cv-01284-JSW Document24 Filed06/04/15 Page3 of 4

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IT IS SO STIPULATED.

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Dated: June 4, 2015

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/s/ Andrew M. Spurchise
ANDREW M. SPURCHISE
LITTLER MENDELSON, P.C.
Attorneys for Defendant
POSTMATES, INC.

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Dated: June 4, 2015

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/s/ Shannon Liss-Riordan
SHANNON LISS-RIORDAN
ADELAIDE PAGANO
LICHTEN & LISS-RIODAN, P.C.
Attorneys for Plaintiffs
SHERRY SINGER, RYAN WILLIAMS,
RYDER VANDERHEYDEN, STEVEN
GRANT, AND MICHAEL TSAPATSARIS

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP & [PROPOSED] ORDER TO EXTEND
BRIEFING SCHEDULE RE: PLTFS’ MOT FOR
NOTICE PURSUANT TO 29 U.S.C. § 216(B)

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Case No. 4:15-cv-01284-JSW

Case4:15-cv-01284-JSW Document24 Filed06/04/15 Page4 of 4

[PROPOSED] ORDER

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Pursuant to the Parties’ stipulation, the deadline for Defendant’s Opposition will be
July 13
continued from June 9, 2015 to July 20, 2015; the deadline for Plaintiffs’ Reply will be continued
August 14
July 30
from June 16, 2015 to July 31, 2015; and the hearing for Plaintiffs’ Motion is Noticed for August 7,

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2015, at 9:00 a.m., in Courtroom 5, 2nd Floor, at 1301 Clay Street, Oakland, CA 94612.

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IT IS SO ORDERED.

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_________________________________
HON. JEFFREY S. WHITE, JUDGE OF THE
UNITED STATES DISTRICT COURT

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Firmwide:133915093.1 078219.1003

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIP & [PROPOSED] ORDER TO EXTEND
BRIEFING SCHEDULE RE: PLTFS’ MOT FOR
NOTICE PURSUANT TO 29 U.S.C. § 216(B)

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Case No. 4:15-cv-01284-JSW