Halpern et al v. Uber Technologies, Inc. et al

Northern District of California, cand-4:2015-cv-02401

ORDER GRANTING AS MODIFIED {{27}} STIPULATION re {{23}} MOTION to Dismiss. Responses due by 8/17/2015. Replies due by 8/28/2015. Motion Hearing set for 9/18/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 7/23/15.

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C @ asett: 1155 XU2440011 ISW Domumentt28 Filed @ 71 3115 Parel boB4 Christopher B. Dolan (SBN 165358) THE DOLAN LAW FIRM 1438 Market Street San Francisco, California 94102 Telephone: (415) 421 - 2800 Facsimile: (415) 421 - 2830 Attorneys for Plaintiff Kevin Halpern and Celluride Wireless, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KEVIN HALPERN; CELLURIDE WIRELESS INC ., CASE NO .: 4: 15 - CV - 02401 - JSW Plaintiffs, Judge: Hon. Jeffrey S. White Courtroom: 5 UBER TECHNOLOGIES INC ., TRAVIS KALANICK, GARRETT CAMP, BILL TRENCHARD, SCOTT BELSKY, BILL GURLEY, BENCHMARK CAPITAL, BENCHMARK, FOUNDER COLLECTIVE, FIRST ROUND CAPITAL, RAISER L. L. C ., RAISER CA L. L. C. and DOES 1 - 250, JOINT STIPULATION AND DEMONSTRATION OF GOOD CAUSE TO CONTINUE THE HEARING AND BRIEFING SCHEDULE ON THE MOTION TO DISMISS FILED BY DEFENDANTS AND THE CASE MANAGEMENT CONFERENCE; AND REQUEST FOR ORDER Defendants PROPOSED ORDER GRANTING STIPULATED REQUEST TO CONTINUE HEARING AND BRIEFING SCHEDULE ON MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE AS MODIFIED HEREIN Hearing Date: August 28, 2015 Time: 9: 00 a. m. Courtroom: 5. . . . . . . . . . . . . . . . . . . . . . - - - . . . . . . . . . 27. . . . . . . . . . . . . * * * * * * . . . . . . . . . . . . . . . Stipulation and Proposed Order To Continue Hearing Dates on Motions to Dismiss · and to Continue the Case Management Conference Date. Page 1 @ aset 1150W 12401115SW Domumeentt28 FiledY1 3115 Par22034 The parties submit the following stipulation and demonstration of good cause to continue: the hearing and briefing schedule on the defendants ' motion to dismiss pursuant to the | requirements in the Court's General Civil Standing Order, number 4. WHEREAS Defendants filed two motions to dismiss on July 13, 2015 that seek to have all defendants dismissed from the case. . WHEREAS Defendants ' motions to dismiss are currently set for hearing on August 28, www | | 2015, and Plaintiff's oppositions are due on July 27, 2015, pursuant to Local Rule 7 - 3 (a) . WHEREAS on July 16, 2015, Plaintiff's Counsel emailed Defendants ' Counsel and informed him that he is out of the United States on vacation and will be gone over the next three weeks on vacation and then dealing with some family business. Plaintiff's Counsel requested a three week extension of the hearing and of Plaintiff's time to respond to the motion. WHEREAS the initial case management conference in this case is also set for August 28, 2015. The case management conference is set for 11: 00 a. m. in Courtroom 5. THE PARTIES HEREBY SUBMIT THAT GOOD CAUSE EXISTS AND M THEREUPON STIPULATE to have the hearings on Defendants ' motions to dismiss continued from August 28 to September 11, 2015, or as soon thereafter as the Court is available. The parties also stipulate to continue the deadline for Plaintiff to file his oppositions to the motions to August 17, 2015 and the deadline for the Defendants ' replies to August 28, 2015. THE PARTIES SUGGEST AND STIPULATE that it would preserve judicial resources to continue the case management conference date to coincide with the new date for the motions Stipulation and [ Proposed ] Order To Continue Hearing Dates on Motions to Dismiss and to Continue the Case Management Conference Date. Page 2 Caaset 11500X24011 - JSW Dennumeentt28 Filed00771233115 Pages36B4 Il to dismiss and to continue the deadline to submit the joint case management conference statement to one week before the new case management conference date. Dated: July 22, 2015 THE DOLAN LAW FIRM. By: / s / Christopher B. Dolan Christopher B. Dolan. Attorneys for Plaintiffs Kevin Halpern and Celluride Wireless Inc. . . . Dated: July 22, 2015 DURIE TANGRI, LLP By: / s / Ragesh K. Tangri Ragesh K. Tangri Attorneys for Defendants Uber Technologies, Inc. Travis Kalanick, Garret Camp, Bill Trenchard, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stipulation and Proposed Order To Continue Hearing Dates on Motions to Dismiss and to Continue the Case Management Conference Date. Page 3 . PROPOSED: ORDER GRANTING STIPULATED REQUEST TO CONTINUE HEARING AND BRIEFING SCHEDULE Pursuant to the stipulation of the parties, the Court finds good cause to continue the 5 | hearing and briefing schedule on the defendants ' motion to dismiss that is currently set for. 6 hearing on August 28, 2015. The Court hereby issues the following schedule for the motion. www 1) The motion to dismiss will be heard on September 18, 2015 at 9: 00 a. m ., in Courtroom 5. 2) Plaintiff's opposition to the motion is due August 17, 2015. 3) Defendants ' reply to Plaintiff's opposition is due August 28, 2015. 4) The case management conference, currently set for August 28, 2015, will be VACATED and rescheduled after the Court has resolved all of the pending motions. continued to September 2015 at _ am in Courtroom 5. 5) The joint ease management conference statement will be due on September 2015, one week before the case management conference hearing. IT IS SO ORDERED. Dated: July 23, 2015 By: on. Meisteys. White. . . * * * * - - - - - - - * * * * * * * Stipulation and [ Proposed ] Order To Continue Hearing Dates on Motions to Dismiss and to Continue the Case Management Conference Date. Page 4