COOLEY LLP 

ATTORNEYS AT LAW

PALO ALTO

1. 

STIP. AND [PROPOSED] ORDER TO STAY ACTION 

PENDING FINAL SETTLEMENT

CASE NO.: 3:16-CV-07241-JSC 

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COOLEY LLP 

PATRICK E. GIBBS (183174) (pgibbs@cooley.com) 

WENDY J. BRENNER (198608) (brennerwj@cooley.com) 

ELIZABETH H. SKEY (267852) (eskey@cooley.com) 

MICHELLE TON (300942) (mton@cooley.com) 

SAMANTHA KIRBY (307917) (skirby@cooley.com) 

3175 Hanover Street 

Palo Alto, CA 94304-1130 

Telephone: (650) 843-5000 

Facsimile: (650) 849-7400 

Attorneys for Defendant 

UBER TECHNOLOGIES, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

LENZA H. MCELRATH III, Individually and 

on Behalf of All Others Similarly Situated, 

Plaintiff, 

v. 

UBER TECHNOLOGIES, INC., 

Defendant. 

Case No. 3:16-cv-07241-JSC 

STIPULATION AND [PROPOSED] 

ORDER TO STAY ACTION 

PENDING FINAL SETTLEMENT 

 Hon. Jacqueline Scott Corley 

WHEREAS, Plaintiff Lenza H. McElrath III and Defendant Uber Technologies, Inc. 

(collectively, the “Parties”) participated in a private mediation on June 25, 2018; 

WHEREAS, settlement discussions were successful and the Parties have executed an 

agreement to settle the litigation; 

WHEREAS, the Parties are in the process of finalizing a confidential long-form settlement 

agreement and will be filing a stipulation of dismissal with the Court in the near future; 

WHEREAS, the Court recently ordered supplemental briefing on Uber’s February 10, 2017 

Motion to Compel Arbitration of Plaintiff's Individual Claims and Stay Class Claims, or In the 

Alternative Stay Entire Proceeding (the “Motion to Compel Arbitration”) at the Parties’ case 

management conference on June 13, 2018; 

Case 3:16-cv-07241-JSC Document 43 Filed 06/27/18 Page 1 of 3
COOLEY LLP 

ATTORNEYS AT LAW

PALO ALTO

2. 

STIP. AND [PROPOSED] ORDER TO STAY ACTION 

PENDING FINAL SETTLEMENT

CASE NO.: 3:16-CV-07241-JSC 

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WHEREAS, pursuant to the Court’s order, Plaintiff filed his Supplemental Opposition to 

Uber’s Motion to Compel Arbitration on June 25, 2018, and Uber’s reply to Plaintiff’s Supplemental 

Opposition is due on July 2, 2018; 

WHEREAS, the Parties agree that, in the interests of judicial efficiency, this action—including 

further briefing on the Motion to Compel Arbitration—should be stayed in its entirety to allow the 

Parties to devote their resources to finalizing a settlement agreement. 

NOW, THEREFORE, it is hereby stipulated as follows: 

1. This action is stayed pending the filing of a stipulation of dismissal no later than August 

1, 2018; 

2. This Stipulation shall not preclude or prevent the parties from stipulating to, or filing 

a motion seeking a court order lifting, modifying or extending the terms of this Stipulation upon a 

showing of good cause. 

Dated: June 27, 2018 COOLEY LLP 

/s/ Patrick E. Gibbs 

Patrick E. Gibbs 

Attorneys for Defendant 

UBER TECHNOLOGIES, INC. 

Dated: June 27, 2018 PHILLIPS, ERLEWINE, GIVEN & CARLIN 

LLP 

/s/ Randy S. Erlewine 

R. Scott Erlewine 

Attorneys for Plaintiff 

LENZA MCELRATH III 

 

Case 3:16-cv-07241-JSC Document 43 Filed 06/27/18 Page 2 of 3
COOLEY LLP 

ATTORNEYS AT LAW

PALO ALTO

3. 

STIP. AND [PROPOSED] ORDER TO STAY ACTION 

PENDING FINAL SETTLEMENT

CASE NO.: 3:16-CV-07241-JSC 

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SIGNATURE ATTESTATION 

I am the ECF User whose identification and password are being used to file the foregoing 

Stipulation. In compliance with Local Rule 5-1(i)(3), I hereby attest that the other signatories have 

concurred in this filing. 

Dated: June 27, 2018 COOLEY LLP 

/s/ Patrick E. Gibbs 

Patrick E. Gibbs 

Attorneys for Defendant 

UBER TECHNOLOGIES, INC. 

ORDER 

 Pursuant to the stipulation of the parties, this action is stayed in its entirety pending the 

submission of a stipulation of dismissal, which shall be filed with the Court on or before August 1, 

2018. 

Dated: _________________, 2018 

 

_________________________________ 

 Honorable Jacqueline Scott Corley 

 United States District Judge 

 Northern District of California 

Case 3:16-cv-07241-JSC Document 43 Filed 06/27/18 Page 3 of 3