Sherry Singer et al v. Postmates, Inc.

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

ORDER GRANTING {{34}} STIPULATION TO CONTINUE HEARING AND DEADLINES FOR BRIEFING ON DEFENDANTS MOTION TO DISMISS COUNTS X AND XI AND PLAINTIFFS MOTION FOR NOTICE TO BE ISSUED TO SIMILARLY SITUATED EMPLOYEES PURSUANT TO 29 U.S.C. § 216(b). Responses due by 8/18/2015. Replies due by 8/28/2015. 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 7/7/15.

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Case Case4:15-cv-01284-JSW 4:15-cv-01284-JSW Document Document34 35 Filed Filed07/07/15 07/07/15 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 CONTINUE HEARING AND 18 similarly situated, DEADLINES FOR BRIEFING ON DEFENDANT'S MOTION TO DISMISS 19 Plaintiffs, COUNTS X AND XI AND PLAINTIFFS' MOTION FOR NOTICE TO BE ISSUED 20 v. TO SIMILARLY SITUATED EMPLOYEES PURSUANT TO 29 U.S.C. § 216(b) 21 POSTMATES, INC., Date: September 4, 2015 22 Defendant. Time: 9:00 am Location: Courtroom 5 23 Complaint Filed: March 19, 2015 24 FAC Filed: May 26, 2015 25 26 27 28 STIP & [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANT'S MOTION TO Case No. 4:15-cv-01284-JSW DISMISS AND VARIOUS DEADLINES Case Case4:15-cv-01284-JSW 4:15-cv-01284-JSW Document Document34 35 Filed Filed07/07/15 07/07/15 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 hearing on Plaintiffs' Motion For Notice to Be Issued to Similarly 7 Situated Employees Pursuant to 29 U.S.C. § 216(b) and the Case Management Conference in this 8 case are both currently scheduled for September 25, 2015; 9 WHEREAS, moving the hearing on Defendant's Motion to Dismiss Counts X and XI 10 from September 4, 2015, to the same date of September 25, 2015, is efficient and will allow the 11 Court to consider all pending motions concurrently; 12 WHEREAS, Plaintiffs' lead counsel is scheduled to be out of the country from July 13 17, 2015 to July 31, 2015, and is attending two mediations and a deposition in the coming week; 14 WHEREAS, the parties and the Court will not be prejudiced by a continuance of 15 several weeks in the deadlines for briefing the pending motions and would still give the Court 16 sufficient time to review the briefing before hearing the motions in late September; 17 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and 18 Defendant, through their respective attorneys of record as follows: 19 a. The hearing on Defendant's Motion to Dismiss Counts X and XI be continued 20 from September 4, 2015, to September 25, 2015; 21 b. The deadline for Defendant's Opposition to Plaintiffs' Motion For Notice to Be 22 Issued to Similarly Situated Employees Pursuant to 29 U.S.C. § 216(b) be 23 continued to August 18, 2015, and that the deadline for Plaintiffs' Reply in 24 Support be continued to August 28, 2015; 25 c. The deadline for Plaintiffs' Opposition to Defendant's Motion to Dismiss Counts 26 X and XI be continued to August 18, 2015, and that the deadline for Defendant's 27 Reply in Support be continued to August 28, 2015. 28 IT IS SO STIPULATED. STIP & [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANT'S MOTION TO Case No. 4:15-cv-01284-JSW DISMISS AND VARIOUS DEADLINES Case Case4:15-cv-01284-JSW 4:15-cv-01284-JSW Document Document34 35 Filed Filed07/07/15 07/07/15 Page3 Page 3ofof33 1 2 Dated: July 7, 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: July 7, 2015 10 11 /s/ Andrew Spurchise ANDREW M. SPURCHISE 12 MEL M.C. 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: July 7, 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 CONTINUE