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

Filing 49

ORDER by Judge Haywood S. Gilliam, Jr. Granting 48 Stipulation.Motions due by 1/19/2018; Responses due by 2/16/2018; Replies due by 3/9/2018. (ndrS, COURT STAFF) (Filed on 12/20/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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UBER TECHNOLOGIES INC. and TRAVIS )
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KALANICK,
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Defendants.
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11 IRVING FIREMEN’S RELIEF &
RETIREMENT FUND, Individually and on
12 Behalf of All Others Similarly Situated,
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Case No. 4:17-cv-05558-HSG
STIPULATION AND ORDER

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Stipulation and Order
(Case No. 4:17-cv-05558-HSG)

IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

10407043

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

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2 Technologies, Inc. and Travis Kalanick (collectively, “Defendants”), by and through their
3 undersigned counsel, hereby stipulate as follows:
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WHEREAS, on September 26, 2017, Plaintiff filed its Complaint against Defendants;

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WHEREAS, the parties previously stipulated that Defendants would have until December

6 1, 2017 to file a responsive pleading (Dkt. 11 & 18);
WHEREAS, the parties previously stipulated that, to the extent Defendants filed a motion

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8 to dismiss, Plaintiff would have seven weeks (until January 17, 2018) to oppose the motion and
9 Defendants would have four weeks (until February 14, 2018) to file a reply in support of the
10 motion (Dkt. 11 & 18);
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WHEREAS, the Court granted the parties’ prior stipulations (Dkt. 12 & 19);

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WHEREAS, Defendants each filed a motion to dismiss on December 1, 2017 (Dkt. 27 &

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WHEREAS, Defendants’ motions to dismiss are currently scheduled for hearing on

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15 March 8, 2017;
WHEREAS, on December 12, 2017, Plaintiff informed Defendants that Plaintiff intends to

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17 voluntarily file an amended complaint on or before December 22, 2017 (the “Amended
18 Complaint”);
WHEREAS, if Plaintiff files an Amended Complaint on December 22, 2017, Defendants’

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20 deadline to respond to the Amended Complaint would fall on January 5, 2018;
WHEREAS, the parties have negotiated a deadline for any responsive pleading to the

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22 Amended Complaint and a briefing schedule in the event that Defendants move to dismiss the
23 Amended Complaint;
WHEREAS, the parties’ proposed extension of Defendants’ responsive pleading deadline

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25 and the parties’ proposed briefing schedule will not change or alter the date of any event or any
26 deadline already fixed by Court order because the current motion to dismiss dates will be mooted
27 by Plaintiff’s filing of the Amended Complaint;
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Stipulation and Order
(Case No. 4:17-cv-05558-HSG)

IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

10407043

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IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their

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2 undersigned counsel and subject to this Court’s approval:
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Defendants’ deadline to answer or otherwise respond to Plaintiff’s Amended

4 Complaint is extended through and including January 19, 2018.
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If Defendants move to dismiss, Plaintiff may respond by February 16, 2018, and

6 Defendants may reply by March 9, 2018.
IT IS SO STIPULATED.

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8 Dated: December 19, 2017

Respectfully submitted,

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11 By: /s/ A. Matthew Ashley
A. Matthew Ashley (Bar No. 198235)
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[e-mail]
IRELL & MANELLA LLP
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840 Newport Center Drive, Suite 400
Newport Beach, CA 92660-6324
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Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant
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UBER TECHNOLOGIES, INC.

By: /s/ Darryl J. Alvarado
Darryl J. Alvarado (Bar No. 253213)
[e-mail]
ROBBINS GELLER RUDMAN
& DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
IRVING FIREMEN’S RELIEF &
RETIREMENT FUND

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19 By: /s/ James N. Kramer
James N. Kramer (Bar No. 154709)
[e-mail]
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ORRICK, HERRINGTON &
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SUTCLIFFE LLP
The Orrick Building
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405 Howard Street
San Francisco, CA 94105-2669
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Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant
TRAVIS KALANICK

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Stipulation and Order
(Case No. 4:17-cv-05558-HSG)

IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

10407043

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ECF ATTESTATION

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I, Nathaniel Lipanovich, am the ECF user whose ID and password are being used to file

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3 this STIPULATION AND [PROPOSED] ORDER. I hereby attest that I received authorization to
4 insert the signatures indicated by a conformed signature (/s/) within this e-filed document.
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By: /s/ Nathaniel Lipanovich
Nathaniel Lipanovich

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Stipulation and Order
(Case No. 4:17-cv-05558-HSG)

IRELL & MANELLA LLP
A Registered Limited Liability
Law Partnership Including
Professional Corporations

10407043

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ORDER

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Pursuan to stipulat
nt
tion, IT IS SO ORDERE
O
ED.

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DA
ATED: Dece
ember 20, 20
017

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_____
__________
___________
__________
__________
THE H
HONORAB HAYW
BLE
WOOD S. GIL
LLIAM, JR.
UNIT
TED STATE DISTRIC JUDGE
ES
CT

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Stip
pulation and Order
(Case No. 4:17-cv-05558-HSG)

IRELL & MAN
NELLA LLP
A Registered Lim
mited Liability
Law Partnershi Including
ip
Professional C
Corporations

1040
07043

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