Rosh v. Indeed, Inc.

Filing 33

STIPULATION AND ORDER 32 to Adjust Case Management Schedule. Case Management Conference set for 7/11/2014 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 5/1/14. (jgS, COURT STAFF) (Filed on 5/1/2014)

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ADAM W. HANSEN (State Bar No. 264241)
[e-mail]
NICHOLS KASTER LLP
One Embarcadero Center, Suite 720
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorney for Plaintiff ADAM ROSH

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MALCOLM A. HEINICKE (State Bar No. 194174)
[e-mail]
JESLYN A. MILLER (State Bar No. 274701)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street, 27th Floor
San Francisco, California 94105-2907
Telephone:
[phone]
Facsimile:
[phone]
KATHERINE M. FORSTER (State Bar No. 217609)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071-1560
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant INDEED, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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ADAM ROSH, individually, on behalf of
others similarly situated, and on behalf of the
general public,

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Plaintiff,
vs.

Case No. 5:13-cv-03751-RMW
STIPULATION AND []
ORDER TO ADJUST CASE
MANAGEMENT SCHEDULE
Case Management Conference

INDEED, INC.,
Defendant.

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Date:
Time:
Judge:
Crtrm:

May 2, 2014
10:30 a.m.
Hon. Honorable Ronald M. Whyte
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Complaint filed: August 13, 2013

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C-13-03751 RMW

STIPULATION AND [] ORDER TO
ADJUST CASE MANAGEMENT SCHEDULE

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Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, Local Rule 6-2, and Local

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Rule 7-12, Plaintiff Adam Rosh (“Rosh”) and Defendant Indeed, Inc. (“Indeed”) hereby stipulate

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and respectfully request that the Court vacate the case management conference in this matter. The

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parties have reached a settlement in principle, and anticipate filing a motion for settlement

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approval shortly with the Court.

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WHEREAS, Rosh filed a Class and Collective Action Complaint in this matter on August
13, 2013 (Dkt. No. 1);
WHEREAS, on September 17, 2013, the Court ordered that the parties submit a Joint
Case Management Statement by December 6, 2013, and set a Case Management Conference for
December 13, 2013 (Dkt. No. 15);
WHEREAS, Indeed filed an Answer to the Class and Collective Action Complaint on
October 4, 2013 (Dkt. No. 16);
WHEREAS, the parties agreed in the Stipulation and Order entered by this Court on

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November 19, 2013, to submit this case to private mediation to be completed by March 31, 2014

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(Dkt. No. 19);

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WHEREAS, in the joint case management statement submitted on November 26, 2013,
the parties agreed to postpone all discovery in this matter until after the conclusion of mediation;
WHEREAS, this Court entered an order continuing the Case Management Conference

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until April 25, 2014 (Dkt. 22), and subsequently rescheduled the conference for May 2, 2014

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(Dkt. 31);

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WHEREAS, the parties engaged in private mediation on March 14, 2014 and reached an
agreement in principle to settle this case; and
WHEREAS, the parties are working on drafting the final settlement agreement, approval

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papers, and supporting documentation, and intend to file a joint motion for settlement approval in

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the near future;

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THEREFORE, Plaintiff Rosh and Defendant Indeed, through the undersigned counsel,
hereby stipulate and request that the Court vacate the Case Management Conference in this matter

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C-13-03751 RMW

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STIPULATION AND [] ORDER TO
ADJUST CASE MANAGEMENT SCHEDULE

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in light of the parties’ plan to submit a motion for settlement approval. The parties will seek a

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hearing with this Court to consider the parties’ motion for settlement approval.

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Respectfully submitted,

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Dated: April 25, 2014

ADAM W. HANSEN
NICHOLS KASTER LLP

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By:

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/s/ Adam W. Hansen
ADAM W. HANSEN

Attorneys for Plaintiff
ADAM ROSH

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Dated: April 25, 2014

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Munger, Tolles & Olson LLP
MALCOLM A. HEINICKE
KATHERINE M. FORSTER
JESLYN A. MILLER

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By:

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/s/ Katherine M. Forster
KATHERINE M. FORSTER

Attorneys for Defendant,
INDEED, INC.

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[] ORDER

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Pursuant to the stipulation of counsel, IT IS SO ORDERED.
Dated:____________

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_______________________________________
The Honorable Ronald M. Whyte
District Judge

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C-13-03751 RMW

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STIPULATION AND [] ORDER TO
ADJUST CASE MANAGEMENT SCHEDULE