Irving Firemen's Relief & Retirement Fund v. Uber Technologies et al

Filing 131

ORDER by Judge Haywood S. Gilliam, Jr. Granting 130 Stipulation Extending time. Amended Pleadings due by 10/17/2018, Motions due by 11/16/2018, Replies due by 1/8/2019 and Responses due by 12/17/2018. (ndrS, COURT STAFF) (Filed on 9/6/2018)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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IRVING FIREMEN’S RELIEF &
10 RETIREMENT FUND, Individually and on
Behalf of All Others Similarly Situated,
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Plaintiff,
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vs.
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UBER TECHNOLOGIES INC., et al.,
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Defendants.
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Case No. 4:17-cv-05558-HSG
CLASS ACTION
STIPULATION EXTENDING TIME AND
ORDER

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Plaintiff Irving Firemen’s Relief & Retirement Fund (“Plaintiff”) and Defendants Uber

2 Technologies, Inc. and Travis Kalanick (collectively, “Defendants”), by and through their
undersigned counsel, hereby stipulate as follows:
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WHEREAS, on December 22, 2017, Plaintiff filed its First Amended Complaint (the
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“FAC”);
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WHEREAS, by order dated August 31, 2018 (ECF No. 127), the Court dismissed the FAC
6 and provided Plaintiff 28 days to file a second amended complaint (the “SAC”), or until September
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WHEREAS, due to the current time period to amend and counsel’s other conflicting

9 deadlines, Plaintiff requires additional time to draft its SAC, and Defendants require additional time
to respond to the SAC;
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WHEREAS, the parties have negotiated a schedule for Plaintiff to file its SAC, for any
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responsive pleading to the SAC and a briefing schedule in the event that Defendants move to dismiss
12 the SAC;
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WHEREAS, other than the deadline for Plaintiff’s SAC, the parties’ negotiated schedule will

14 not affect or alter the date of any event or deadline already fixed by Court order or otherwise affect
15 the schedule of the case, as discovery has been stayed (ECF No. 127) and there are no other events
or deadlines currently scheduled;
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WHEREAS, on three prior occasions, the parties have stipulated to extending Defendants’
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time to respond to the Complaint and FAC and to extended briefing schedules on Defendants’
18 motions to dismiss the Complaint and FAC (ECF Nos. 11, 18, 48);
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WHEREAS, the Court previously granted each of these stipulations (ECF Nos. 12, 19, 49);

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WHEREAS, other than these three prior occasions, there have been no other time

21 modifications in the case.
IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their
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undersigned counsel and subject to this Court’s approval:
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1.
Plaintiff’s deadline to file its SAC is extended through and including October 17,
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2018.
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2.
Defendants’ deadline to answer or otherwise respond to Plaintiff’s SAC is extended
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3.

If Defendants move to dismiss, Plaintiff may respond by December 17, 2018, and

Defendants may reply by January 8, 2019.

STIPULATION EXTENDING TIME AND ORDER - 4:17-cv-05558-HSG

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IT IS SO STIPULATED.

2 DATED: September 5, 2018
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ROBBINS GELLER RUDMAN
& DOWD LLP
DARREN J. ROBBINS
JASON A. FORGE
LUKE O. BROOKS
LUCAS F. OLTS
DARRYL J. ALVARADO
JEFFREY J. STEIN
ERIKA OLIVER

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s/ LUKE O. BROOKS
LUKE O. BROOKS

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655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: [phone]
619/231-7423 (fax)

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ROBBINS GELLER RUDMAN
& DOWD LLP
DENNIS J. HERMAN
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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Attorneys for Plaintiff
DATED: September 5, 2018

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IRELL & MANELLA LLP
NATHANIEL LIPANOVICH

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s/ NATHANIEL LIPANOVICH
NATHANIEL LIPANOVICH

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840 Newport Center Drive, Suite 400
Newport Beach, CA 92660-6324
Telephone: [phone]
949/760-5200 (fax)

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Attorneys for Defendant Uber Technologies, Inc.

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ORRICK, HERRINGTON & SUTCLIFFE LLP
WALTER F. BROWN, JR.
JAMES N. KRAMER
M. TODD SCOTT
COLLEEN E. POPKEN

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STIPULATION EXTENDING TIME AND ORDER - 4:17-cv-05558-HSG

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s/ JAMES N. KRAMER
JAMES N. KRAMER

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The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
Telephone: [phone]
415/773-5759 (fax)

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Attorneys for Defendant Travis Kalanick

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CERTIFICATE PURSUANT TO LOCAL RULE 5-1(I)(3)
I, LUKE O. BROOKS, am the ECF User whose identification and password are being used
to file the Stipulation Extending Time and [Proposed] Order. In compliance with Local Rule 51(i)(3), I hereby attest that NATHANIEL LIPANOVICH and JAMES N. KRAMER have concurred
in this filing.

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s/ LUKE O. BROOKS
LUKE O. BROOKS

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ORDER
Pursuant to the Stipulation, IT IS SO ORDERED.
DATED: September 6, 2018

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THE HON. HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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STIPULATION EXTENDING TIME AND ORDER - 4:17-cv-05558-HSG

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