Sherry Singer et al v. Postmates, Inc.

Northern District of California, cand-4:2015-cv-01284

ORDER GRANTING {{27}} Stipulation to Continue Hearing. Motion Hearing set for 9/25/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 6/10/15. Modified on 6/10/2015

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Case Case4:15-cv-01284-JSW 4:15-cv-01284-JSW Document Document27 28 Filed Filed06/09/15 06/10/15 Page1 Page 1ofof33 1 SHANNON LISS-RIORDAN, pro hac vice (sliss@llrlaw.com) 2 ADELAIDE PAGANO, pro hac vice 3 (apagano@llrlaw.com) LICHTEN & LISS-RIORDAN, P.C. 4 729 Boylston Street, Suite 2000 Boston, MA 02116 5 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 6 MATTHEW CARLSON (SBN 273242) 7 (mcarlson@carlsonlegalservices.com) 8 Carlson Legal Services 100 Pine Street, Suite 1250 9 San Francisco, CA 94111 Telephone: (415) 817-1470 10 Attorneys for Plaintiffs 11 SHERRY SINGER, RYAN WILLIAMS, RYDER VANDERHEYDEN, STEVEN 12 GRANT, and MICHAEL TSAPATSARIS 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 SHERRY SINGER, RYAN WILLIAMS, Case No. 4:15-cv-01284-JSW RYDER VANDERHEYDEN, STEVEN 17 GRANT, and MICHAEL TSAPATSARIS, STIPULATION AND [PROPOSED] individually and on behalf of all others ORDER TO COTINUE THE HEARING ON 18 similarly situated, PLAINTIFFS' MOTION FOR NOTICE TO BE ISSUED TO SIMILARLY SITUATED 19 Plaintiffs, EMPLOYEES PURSUANT TO 29 U.S.C. § 216(b) 20 v. Date: August 14, 2015 21 POSTMATES, INC., Time: 9:00 am Location: Courtroom 5, 2nd Floor 22 Defendant. Complaint Filed: March 19, 2015 23 FAC Filed: May 26, 2015 24 25 26 27 28 STIP & [PROPOSED] ORDER TO CONTINUE HEARING ON PLTFS' MOT FOR NOTICE Case No. 4:15-cv-01284-JSW PURSUANT TO 29 U.S.C. § 216(B) Case Case4:15-cv-01284-JSW 4:15-cv-01284-JSW Document Document27 28 Filed Filed06/09/15 06/10/15 Page2 Page 2ofof33 1 2 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs SHERRY 3 SINGER, RYAN WILLIAMS, RYDER VANDERHEYDEN, STEVEN GRANT, and MICHAEL 4 TSAPATSARIS ("Plaintiffs") and Defendant POSTMATES, INC. ("Defendant"), through their 5 respective counsel, as follows: 6 WHEREAS, the parties filed a Stipulation to on June 4, 2015, asking that the Court 7 notice a hearing date on Plaintiffs' Motion For Notice to Be Issued to Similarly Situated Employees 8 Pursuant to 29 U.S.C. § 216(b), be set for August 7, 2015 or any date and time thereafter at the 9 Court's convenience; 10 WHEREAS, the Court issued a modified Order, setting the hearing date for August 11 14, 2015; 12 WHEREAS, Plaintiffs' counsel is scheduled to be on trial in federal court in 13 Massachusetts in the case of Garcia et al. v. E.J. Amusements of N.H., Inc. d/b/a Fiesta Shows et al, 14 C.A. No. 13-cv-12536-PBS (D.Mass.), and this trial is scheduled to begin on August 3, 2015, and is 15 expected to last approximately two weeks; 16 WHEREAS, Plaintiffs' counsel has requested to have this trial postponed by a week, 17 and the request is under advisement by the federal court; however, the trial cannot be postponed past 18 August 10, 2015, due to the schedule of the presiding district court judge (who is unavailable the last 19 week of August), and due to the limited seasonal availability of witnesses for this trial; 20 WHEREAS, Plaintiffs' counsel is therefore unavailable during the currently 21 scheduled hearing date of August 14, 2015; 22 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and 23 Defendant, through their respective attorneys of record as follows: 24 The hearing for Plaintiffs' Motion currently noticed for August 14, 2015, at 9:00 a.m., 25 be moved to September 25, 2015, or any date and time thereafter at the Court's convenience in 26 Courtroom 5, 2nd Floor, at 1301 Clay Street, Oakland, CA 94612. 27 // 28 // IT IS SO STIPULATED. STIP & [PROPOSED] ORDER TO CONTINUE HEARING ON PLTFS' MOT FOR NOTICE Case No. 4:15-cv-01284-JSW PURSUANT TO 29 U.S.C. § 216(B) Case Case4:15-cv-01284-JSW 4:15-cv-01284-JSW Document Document27 28 Filed Filed06/09/15 06/10/15 Page3 Page 3ofof33 1 2 Dated: June 9, 2015 3 4 /s/ Shannon Liss-Riordan SHANNON LISS-RIORDAN 5 ADELAIDE PAGANO LICHTEN & LISS-RIODAN, P.C. 6 Attorneys for Plaintiffs 7 SHERRY SINGER, RYAN WILLIAMS, RYDER VANDERHEYDEN, STEVEN 8 GRANT, and MICHAEL TSAPATSARIS. 9 Dated: June 9, 2015 10 11 /s/ Andrew M. Spurchise ANDREW M. SPURCHISE 12 MELANIE MARIE CAMPILI COLE LITTLER MENDELSON, P.C. 13 Attorneys for Defendant 14 POSTMATES, INC. 15 16 [PROPOSED] ORDER 17 PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED. 18 19 Dated: June 10, 2015 20 _________________________________ HON. JEFFREY S. WHITE, JUDGE OF THE 21 UNITED STATES DISTRICT COURT 22 23 24 25 26 27 28 STIP & [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE RE: PLTFS' MOT FOR 2. Case No. 4:15-cv-01284-JSW NOTICE PURSUANT TO 29 U.S.C. § 216(B)