Sherry Singer et al v. Postmates, Inc.

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

ORDER GRANTING AS MODIFIED {{15}} MOTION PLAINTIFFS MOTION FOR NOTICE TO BE ISSUED TO SIMILARLY SITUATED EMPLOYEES PURSUANT TO 29 U.S.C. § 216(b). Responses due by 7/13/2015. Replies due by 7/30/2015. Motion Hearing set for 8/14/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 6/5/15. Modified on 6/8/2015

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Case Case4:15-cv-01284-JSW 4:15-cv-01284-JSW Document Document24 26 Filed Filed06/04/15 06/05/15 Page1 Page 1ofof44 1 ANDREW M. SPURCHISE, Bar No. 245998 aspurchise@littler.com 2 JOHN S. HONG, Bar No. 255150 jhong@littler.com 3 MEL M.C. COLE, Bar No. 293265 mmcole@littler.com 4 LITTLER MENDELSON, P.C. 650 California Street 5 20th Floor San Francisco, California 94108.2693 6 Telephone: 415.433.1940 Facsimile: 415.399.8490 7 Attorneys for Defendant 8 POSTMATES, INC. 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 SHERRY SINGER, RYAN WILLIAMS, Case No. 4:15-cv-01284-JSW 13 RYDER VANDERHEYDEN, STEVEN GRANT, and MICHAEL TSAPATSARIS, STIPULATION AND [PROPOSED] 14 individually and on behalf of all others ORDER TO EXTEND BRIEFING similarly situated, SCHEDULE AND COTINUE PLAINTIFFS' 15 MOTION FOR NOTICE TO BE ISSUED Plaintiffs, TO SIMILARLY SITUATED EMPLOYEES 16 PURSUANT TO 29 U.S.C. § 216(b) as modified v. 17 Date: TBD POSTMATES, INC., Time: TBD 18 Location: Courtroom 5, 2nd Floor Defendant. 19 Complaint Filed: March 19, 2015 FAC Filed: May 26, 2015 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. STIP & [PROPOSED] ORDER TO EXTEND 650 California Street 20th Floor BRIEFING SCHEDULE RE: PLTFS' MOT FOR Case No. 4:15-cv-01284-JSW San Francisco, CA 94108.2693 415.433.1940 NOTICE PURSUANT TO 29 U.S.C. § 216(B) Case Case4:15-cv-01284-JSW 4:15-cv-01284-JSW Document Document24 26 Filed Filed06/04/15 06/05/15 Page2 Page 2ofof44 1 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs SHERRY 2 SINGER, RYAN WILLIAMS, RYDER VANDERHEYDEN, STEVEN GRANT, and MICHAEL 3 TSAPATSARIS ("Plaintiffs") and Defendant POSTMATES, INC. ("Defendant"), through their 4 respective counsel, as follows: 5 WHEREAS, Defendant executed a Waiver of Service sent on April 29, 2015, and 6 Plaintiffs filed said Waiver of Service on May 7, 2015; 7 WHEREAS, Defendant's responsive pleading is now due on June 29, 2015 as a result 8 of the Waiver of Service; 9 WHEREAS, Plaintiffs filed a Motion for Notice to Be Issued to Similarly Situated 10 Employees Pursuant to 29 U.S.C. § 216(b) on May 26, 2015, causing Defendant's Opposition to be 11 due June 9, 2015, before the deadline for Defendant's responsive pleading; 12 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and 13 Defendant, through their respective attorneys of record as follows: 14 1. The Parties agree to extend the briefing schedule so that Defendant's 15 Opposition to Plaintiffs' Motion for Notice to Be Issued to Similarly Situated Employees Pursuant to 16 29 U.S.C. § 216(b) be due after Defendant's responsive pleading; 17 2. The Parties further agree that the statute of limitations pertaining to the time 18 available to any similarly situated employees to opt out will toll according to the originally noticed 19 July 2, 2015 hearing date; 20 3. The deadline for Defendant's Opposition will be continued from June 9, 2015 21 to July 20, 2015; 22 4. The deadline for Plaintiffs' Reply will be continued from June 16, 2015 to 23 July 31, 2015; 24 5. The hearing for Plaintiffs' Motion is Noticed for August 7, 2015, at 9:00 a.m., 25 or any date and time thereafter at the Court's convenience, in Courtroom 5, 2nd Floor, at 1301 Clay 26 Street, Oakland, CA 94612. 27 // 28 // LITTLER MENDELSON, P.C. STIP & [PROPOSED] ORDER TO EXTEND 650 California Street 20th Floor BRIEFING SCHEDULE RE: PLTFS' MOT FOR Case No. 4:15-cv-01284-JSW San Francisco, CA 94108.2693 NOTICE PURSUANT TO 29 U.S.C. § 216(B) 415.433.1940 Case Case4:15-cv-01284-JSW 4:15-cv-01284-JSW Document Document24 26 Filed Filed06/04/15 06/05/15 Page3 Page 3ofof44 1 IT IS SO STIPULATED. 2 3 Dated: June 4, 2015 4 5 /s/ Andrew M. Spurchise ANDREW M. SPURCHISE 6 LITTLER MENDELSON, P.C. Attorneys for Defendant 7 POSTMATES, INC. 8 Dated: June 4, 2015 9 10 /s/ Shannon Liss-Riordan SHANNON LISS-RIORDAN 11 ADELAIDE PAGANO LICHTEN & LISS-RIODAN, P.C. 12 Attorneys for Plaintiffs SHERRY SINGER, RYAN WILLIAMS, 13 RYDER VANDERHEYDEN, STEVEN GRANT, AND MICHAEL TSAPATSARIS 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. STIP & [PROPOSED] ORDER TO EXTEND 650 California Street 20th Floor BRIEFING SCHEDULE RE: PLTFS' MOT FOR 2. Case No. 4:15-cv-01284-JSW San Francisco, CA 94108.2693 NOTICE PURSUANT TO 29 U.S.C. § 216(B) 415.433.1940 Case Case4:15-cv-01284-JSW 4:15-cv-01284-JSW Document Document24 26 Filed Filed06/04/15 06/05/15 Page4 Page 4ofof44 1 [PROPOSED] ORDER 2 Pursuant to the Parties' stipulation, the deadline for Defendant's Opposition will be July 13 3 continued from June 9, 2015 to July 20, 2015; the deadline for Plaintiffs' Reply will be continued July 30 August 14 4 from June 16, 2015 to July 31, 2015; and the hearing for Plaintiffs' Motion is Noticed for August 7, 5 2015, at 9:00 a.m., in Courtroom 5, 2nd Floor, at 1301 Clay Street, Oakland, CA 94612. 6 IT IS SO ORDERED. 7 8 _________________________________ 9 HON. JEFFREY S. WHITE, JUDGE OF THE UNITED STATES DISTRICT COURT 10 11 Firmwide:133915093.1 078219.1003 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. STIP & [PROPOSED] ORDER TO EXTEND 650 California Street 20th Floor BRIEFING SCHEDULE RE: PLTFS' MOT FOR 3. Case No. 4:15-cv-01284-JSW San Francisco, CA 94108.2693 NOTICE PURSUANT TO 29 U.S.C. § 216(B) 415.433.1940