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STIP. REQUEST TO EXPEDITE 

PRELIMINARY APPROVAL HEARING 

3:17-CV-00850-WHA 

RANDALL W. EDWARDS (S.B. #179053) 

redwards@omm.com 

MATTHEW D. POWERS (S.B. #212682) 

mpowers@omm.com 

DAMALI A. TAYLOR (S.B. #262489) 

dtaylor@omm.com 

ADAM M. KAPLAN (S.B. #298077) 

akaplan@omm.com 

O’MELVENY & MYERS LLP 

Two Embarcadero Center, 28th Floor 

San Francisco, CA 94111-3823 

Telephone: (415) 984-8700 

Facsimile: (415) 984-8701 

Attorneys for Defendants 

UBER TECHNOLOGIES, INC. and RASIER, LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

MARTIN DULBERG, individually, and on 

behalf of all others similarly situated, 

Plaintiff, 

v. 

UBER TECHNOLOGIES, INC., and 

RASIER, LLC, 

Defendants. 

Case No. 3:17-CV-00850-WHA 

JOINT STIPULATION PURSUANT TO 

LOCAL RULE 6-2(a) REQUESTING 

EXPEDITED HEARING ON MOTION 

FOR PRELIMINARY APPROVAL OF 

REVISED SETTLEMENT AGREEMENT; 

[PROPOSED] ORDER 

[ECF No. 157] 

Hearing date: August 1, 2019 

Case 3:17-cv-00850-WHA Document 158 Filed 06/26/19 Page 1 of 5
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STIP. REQUEST TO EXPEDITE 

PRELIMINARY APPROVAL HEARING 

3:17-CV-00850-WHA 

JOINT STIPULATION 

Pursuant to Civil Local Rule 6-2(a), Plaintiff Dulberg and Defendants Uber Technologies, 

Inc. and Rasier, LLC (collectively “Uber,” and together with Plaintiff, the “Parties”) stipulate and 

agree that: 

WHEREAS, on May 7, 2019, the Court rejected final approval of the Parties’ original 

proposed class settlement agreement and stated that the Parties had until May 23, 2019 to revise 

and agree on new terms; the Court also set a jury trial for August 19, 2019 and a final pre-trial 

conference for August 7, 2019 in the event that a revised agreement could not be reached. ECF 

No. 153. 

WHEREAS, on May 23, 2019, the Parties notified the Court that they had reached a 

revised class settlement agreement that addressed the concerns raised by the Court with respect to 

the original settlement agreement and stated that they intended to move for preliminary approval 

of the revised agreement. ECF No. 154. 

WHEREAS, on May 24, 2019, the Court entered an order stating that “the parties are 

encouraged to jointly move for preliminary approval of settlement,” but noted that “[n]o trial 

dates or deadlines will be vacated ... until the proposed settlement has been preliminarily 

approved.” ECF No. 155. 

WHEREAS, on June 7, 2019, Plaintiff filed an unopposed motion for preliminary 

approval of the revised settlement agreement. ECF No. 156. 

WHEREAS, on June 11, 2019, a hearing on the motion for preliminary approval was set 

for August 1, 2019 at 8:00 a.m. ECF No. 157. 

WHEREAS, the Parties agree that, to allow sufficient time to resolve the motion for 

preliminary approval and to avoid having to prepare for trial concurrently while the motion is 

being resolved, the hearing on the motion for preliminary approval should be expedited from 

August 1, 2019 to July 18, 2019, or some earlier date that is convenient for the Court. 

NOW, THEREFORE, pursuant to Civil Local Rule 6-2(a), the Parties STIPULATE and 

REQUEST that the hearing on the motion for preliminary approval currently set for August 1, 

2019 at 8:00 a.m. be expedited to July 18, 2019, or some earlier date that is convenient for the 

Case 3:17-cv-00850-WHA Document 158 Filed 06/26/19 Page 2 of 5
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STIP. REQUEST TO EXPEDITE 

PRELIMINARY APPROVAL HEARING 

3:17-CV-00850-WHA 

Court. 

In the alternative, if an earlier hearing date is unavailable or if the Court would prefer not 

to move the hearing date, the Parties request that the Court consider changing the trial date from 

August 19, 2019 to some time on or after September 19, 2019 to allow time to resolve the 

preliminary approval motion. While the Parties are mindful that the Court stated it would not 

vacate the trial date until the settlement was preliminarily approved, the Parties submit it would 

be inefficient to have both the preliminary approval hearing date and the trial date less than three 

weeks apart, and the preliminary approval hearing date and the final pretrial conference less than 

one week apart, forcing full preparation for a trial even while the motion has been pending on the 

preliminary approval of the revised settlement for the time period contemplated by the Court’s 

May 24, 2019 Order (ECF No. 155). 

IT IS SO STIPULATED. 

Dated: June 26, 2019 O’MELVENY & MYERS LLP 

 By: /s/ Matthew D. Powers 

 Matthew D. Powers 

 Counsel for Defendants 

 Uber Technologies, Inc. and Rasier, LLC 

Dated: June 26, 2019 NAPOLI SHKOLNIK PLLC 

 By: /s/ Danielle J. Marlow 

 Danielle J. Marlow 

 Counsel for Plaintiff 

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STIP. REQUEST TO EXPEDITE 

PRELIMINARY APPROVAL HEARING 

3:17-CV-00850-WHA 

ATTESTATION OF FILING 

Pursuant to Local Rule 5.1(i)(3) regarding signatures, I, Matthew D. Powers, attest that 

concurrence in the filing of this JOINT STIPULATION PURSUANT TO LOCAL RULE 6-2(a) 

REQUESTING EXPEDITED HEARING ON MOTION FOR PRELIMINARY APPROVAL OF 

REVISED SETTLEMENT AGREEMENT has been obtained from Danielle J. Marlow. 

Dated: June 26, 2019 O’MELVENY & MYERS LLP 

 By: /s/ Matthew D. Powers 

 Matthew D. Powers 

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STIP. REQUEST TO EXPEDITE 

PRELIMINARY APPROVAL HEARING 

3:17-CV-00850-WHA 

[PROPOSED] ORDER 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Dated: __________________ By: ___________________________ 

 Hon. William H. Alsup 

 United States District Judge 

Case 3:17-cv-00850-WHA Document 158 Filed 06/26/19 Page 5 of 5