Sherry Singer et al v. Postmates, Inc.

Filing 35

ORDER GRANTING 34 STIPULATION TO CONTINUE HEARING AND DEADLINES FOR BRIEFING ON DEFENDANTS MOTION TO DISMISS COUNTS X AND XI AND PLAINTIFFS MOTION FOR NOTICE TO BE ISSUED TO SIMILARLY SITUATED EMPLOYEES PURSUANT TO 29 U.S.C. § 216(b). Responses due by 8/18/2015. Replies due by 8/28/2015. Motion Hearing set for 9/25/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 7/7/15. (jjoS, COURT STAFF) (Filed on 7/7/2015)

Case4:15-cv-01284-JSW Document34 Filed07/07/15 Page1 of 3

1
2
3
4
5
6
7
8
9
10
11
12

SHANNON LISS-RIORDAN, pro hac vice
([e-mail])
ADELAIDE PAGANO, pro hac vice
([e-mail])
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone:
[phone]
Facsimile:
[phone]
MATTHEW CARLSON (SBN 273242)
([e-mail])
Carlson Legal Services
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone:
[phone]
Attorneys for Plaintiffs
SHERRY SINGER, RYAN WILLIAMS,
RYDER VANDERHEYDEN, STEVEN
GRANT, and MICHAEL TSAPATSARIS

13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15
16
17
18

SHERRY SINGER, RYAN WILLIAMS,
RYDER VANDERHEYDEN, STEVEN
GRANT, and MICHAEL TSAPATSARIS,
individually and on behalf of all others
similarly situated,

19
20
21
22

Plaintiffs,
v.

Case No. 4:15-cv-01284-JSW
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING AND
DEADLINES FOR BRIEFING ON
DEFENDANT’S MOTION TO DISMISS
COUNTS X AND XI AND PLAINTIFFS’
MOTION FOR NOTICE TO BE ISSUED
TO SIMILARLY SITUATED EMPLOYEES
PURSUANT TO 29 U.S.C. § 216(b)

POSTMATES, INC.,
Defendant.

23

Date: September 4, 2015
Time: 9:00 am
Location: Courtroom 5
Complaint Filed: March 19, 2015
FAC Filed: May 26, 2015

24
25
26
27
28
STIP & [PROPOSED] ORDER TO CONTINUE
HEARING ON DEFENDANT’S MOTION TO
DISMISS AND VARIOUS DEADLINES

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

Case4:15-cv-01284-JSW Document34 Filed07/07/15 Page2 of 3
1
2

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

3

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

4

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

5

respective counsel, as follows:

6

WHEREAS, the hearing on Plaintiffs’ Motion For Notice to Be Issued to Similarly

7

Situated Employees Pursuant to 29 U.S.C. § 216(b) and the Case Management Conference in this

8

case are both currently scheduled for September 25, 2015;

9

WHEREAS, moving the hearing on Defendant’s Motion to Dismiss Counts X and XI

10

from September 4, 2015, to the same date of September 25, 2015, is efficient and will allow the

11

Court to consider all pending motions concurrently;

12
13
14

WHEREAS, Plaintiffs’ lead counsel is scheduled to be out of the country from July
17, 2015 to July 31, 2015, and is attending two mediations and a deposition in the coming week;
WHEREAS, the parties and the Court will not be prejudiced by a continuance of

15

several weeks in the deadlines for briefing the pending motions and would still give the Court

16

sufficient time to review the briefing before hearing the motions in late September;

17
18
19
20
21

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and
Defendant, through their respective attorneys of record as follows:
a. The hearing on Defendant’s Motion to Dismiss Counts X and XI be continued
from September 4, 2015, to September 25, 2015;
b. The deadline for Defendant’s Opposition to Plaintiffs’ Motion For Notice to Be

22

Issued to Similarly Situated Employees Pursuant to 29 U.S.C. § 216(b) be

23

continued to August 18, 2015, and that the deadline for Plaintiffs’ Reply in

24

Support be continued to August 28, 2015;

25

c. The deadline for Plaintiffs’ Opposition to Defendant’s Motion to Dismiss Counts

26

X and XI be continued to August 18, 2015, and that the deadline for Defendant’s

27

Reply in Support be continued to August 28, 2015.

28

IT IS SO STIPULATED.

STIP & [PROPOSED] ORDER TO CONTINUE
HEARING ON DEFENDANT’S MOTION TO
DISMISS AND VARIOUS DEADLINES

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

Case4:15-cv-01284-JSW Document34 Filed07/07/15 Page3 of 3
1
2

Dated: July 7, 2015

3
/s/ Shannon Liss-Riordan
SHANNON LISS-RIORDAN
ADELAIDE PAGANO
LICHTEN & LISS-RIODAN, P.C.

4
5
6

Attorneys for Plaintiffs
SHERRY SINGER, RYAN WILLIAMS,
RYDER VANDERHEYDEN, STEVEN
GRANT, and MICHAEL TSAPATSARIS.

7
8
9

Dated: July 7, 2015

10
/s/ Andrew Spurchise
ANDREW M. SPURCHISE
MEL M.C. COLE
LITTLER MENDELSON, P.C.

11
12
13

Attorneys for Defendant
POSTMATES, INC.

14
15
16
17

[PROPOSED] ORDER
PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.

18
19

Dated: July 7, 2015
_________________________________
HON. JEFFREY S. WHITE, JUDGE OF THE
UNITED STATES DISTRICT COURT

20
21
22
23
24
25
26
27
28
STIP & [PROPOSED] ORDER TO CONTINUE