Fridman v. Uber Technologies, Inc.

Filing 62

ORDER by Judge Haywood S. Gilliam, Jr. Granting 61 Stipulation Regarding Briefing Schedule for Defendants' Motion to Stay. Motions due by 10/31/2018; Responses due by 11/9/2018 and Replies due by 11/16/2018. (ndrS, COURT STAFF) (Filed on 10/30/2018)

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David S. Ratner, Esq. (SBN 316267)
David Ratner Law Firm, LLP
[e-mail]
33 Julianne Court
Walnut Creek, CA 94595
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs and the Classes

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[Additional counsel appearing on signature page]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL FRIDMAN, DANNY GESEL
REZNIK FRIDMAN, and JAKE LECHNER,
individually and on behalf of all others similarly
situated,

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v.

STIPULATION AND ORDER REGARDING
BRIEFING SCHEDULE FOR DEFENDANTS’
MOTION TO STAY

Plaintiffs,

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Case No. 4:18-cv-02815-HSG

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Judge: Hon. Haywood S. Gilliam, Jr.

UBER TECHNOLOGIES, INC., a Delaware
corporation, RASIER, LLC, a Delaware limited
liability company, and PORTIER, LLC, a
Delaware limited liability company,

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Defendants.

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sf-3956051

STIP. AND ORDER REGARDING MTS BRIEFING SCHEDULE
CASE NO. 4:18-CV-02815-HSG

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Plaintiffs Michael Fridman, Danny Gesel Reznik Fridman, and Jake Lechner

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(“Plaintiffs”) and Defendants Uber Technologies, Inc., Rasier, LC, and Portier, LLC

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(“Defendants”) stipulate and agree as follows, and request entry of the below proposed order

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approving their stipulation.

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WHEREAS, on September 14, 2018, Defendants filed a Motion to Compel Arbitration as

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to Plaintiffs Michael Fridman and Danny Gesel Reznik Fridman, and to Stay the Action,

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Including Jake Lechner’s Claim, and noticed a hearing on the motion for December 20, 2018

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(Dkt. No. 49);

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WHEREAS, the parties appeared for a Case Management Conference in this case on
October 23, 2018;

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WHEREAS, on October 23, 2018, the Court issued a minute entry stating that “no case

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schedule will be set until a motion to stay has been e-filed and resolved by the Court,” and that

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“the parties are encouraged to meet and confer to discuss stipulating to an expedited briefing

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schedule” on Defendants’ anticipated Motion to Stay the Proceedings pending a decision on

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Defendants’ September 14, 2018 Motion to Compel Arbitration and to Stay the Action (Dkt. No.

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60);

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WHEREAS, pursuant to the Court’s direction, the parties have met and conferred

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regarding an expedited briefing schedule on Defendants’ Motion to Stay the Proceedings

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pending resolution of Defendants’ Motion to Compel Arbitration and Stay the Action.

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STIP. AND ORDER REGARDING MTS BRIEFING SCHEDULE
CASE NO. 4:18-CV-02815-HSG

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STIPULATION
THEREFORE, the parties hereby stipulate to and request entry of the following briefing
schedule on Defendants’ motion to stay:
Filing/Event
Defendants’ Motion to Stay the Proceedings

Deadline
October 31, 2018

Plaintiffs’ Opposition to Defendants’ Motion
to Stay the Proceedings

November 9, 2018

Defendants’ Reply in Support of Their Motion
to Stay the Proceedings

November 16, 2018

Hearing on Defendants’ Motion to Stay the
Proceedings

If the Court believes it would be helpful to set
a hearing on this motion, the parties request
that the Court set a hearing date at the Court’s
earliest convenience.

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Dated: October 29, 2018

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Respectfully submitted,
By:

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/s/ David S. Ratner

David S. Ratner, Esq. (SBN 316267)
David Ratner Law Firm, LLP
33 Julianne Court
Walnut Creek, CA 94595
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Avi R. Kaufman*
Kaufman P.A.
400 NW 26th Street
Miami, Florida 33127
Telephone: [phone]
Email: [e-mail]

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STIP. AND ORDER REGARDING MTS BRIEFING SCHEDULE
CASE NO. 4:18-CV-02815-HSG

Stefan Coleman*
Law Offices of Stefan Coleman, P.A.
201 South Biscayne Blvd, 28th Floor
Miami, Florida 33131
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Counsel for Plaintiffs Fridman, Reznik, and Lechner,
and all others similarly situated

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*Admitted pro hac vice

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Dated: October 29, 2018

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By:
/s/
Tiffany Cheung
Tiffany Cheung
Lucia X. Roibal
Morrison & Foerster LLP
425 Market Street
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Adam J. Hunt, pro hac vice
Morrison & Foerster LLP
250 West 55th Street
New York, New York 10019-9601
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants Uber Technologies, Inc.,
Rasier, LLC, and Portier, LLC

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STIP. AND ORDER REGARDING MTS BRIEFING SCHEDULE
CASE NO. 4:18-CV-02815-HSG

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ATTESTATION

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I, Tiffany Cheung, am the ECF user whose identification and password are being used to

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file this Stipulation and [Proposed] Order Regarding Briefing Schedule for Defendants’ Motion

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to Stay. I attest under penalty of perjury that concurrence in this filing has been obtained from

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all signatories above.

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Dated: October 29, 2018

/s/ Tiffany Cheung

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ORDER

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This matter is before the Court on the Parties’ Stipulation and [Proposed] Order

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Regarding Briefing Schedule for Defendants’ Motion to Stay. The Court, having considered the
parties’ Stipulation, adopts the following briefing schedule on Defendants’ motion to stay:

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Filing/Event
Defendants’ Motion to Stay the Proceedings

Deadline
October 31, 2018

Plaintiffs’ Opposition to Defendants’ Motion
to Stay the Proceedings

November 9, 2018

Defendants’ Reply in Support of Their Motion
to Stay the Proceedings

November 16, 2018

Hearing on Defendants’ Motion to Stay the
Proceedings

If the Court believes it would be helpful to set
a hearing on this motion, the parties request
that the Court set a hearing date at the Court’s
earliest convenience.

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IT IS SO ORDERED.

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DATED: October 30, 2018

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__________________________________
Honorable Haywood S. Gilliam, Jr.
United States District Judge

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STIP. AND ORDER REGARDING MTS BRIEFING SCHEDULE
CASE NO. 4:18-CV-02815-HSG