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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

PAUL B. MASLO (admitted pro hac vice)

pmaslo@napolilaw.com

ANDREW DRESSEL (admitted pro hac vice)

Adressel@napolilaw.com 

NAPOLI SHKOLNIK PLLC

360 Lexington Avenue, 11th Floor

New York, New York 10017

Telephone: (212) 397-1000

Facsimile: (646) 843-7603

Attorneys for Plaintiff

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 UNDER LOCAL 

RULE 6-2(a) REQUESTING CHANGE 

OF HEARING DATE AND STAY OF 

NON-SETTLEMENT-RELATED 

PROCEEDINGS; [PROPOSED] ORDER

Case 3:17-cv-00850-WHA Document 109 Filed 09/13/18 Page 1 of 4
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- 1 -

JOINT STIPULATION

Plaintiff and Class Representative Martin Dulberg (“Plaintiff”) and Defendants Uber 

Technologies, Inc. and Rasier LLC (collectively, “Uber,” and together with Plaintiff, the 

“Parties”), hereby stipulate and agree that:

WHEREAS, on February 21, 2017, Plaintiff filed a Class Action Complaint against Uber;

WHEREAS, on July 27, 2017, the Court entered the Case Management Order (ECF No. 

50, the “Order”) setting the deadlines in this case;

WHEREAS, pursuant to the Order, the final pretrial conference is set for October 17, 

2018, with trial beginning on October 29 (Order ¶¶ 11, 12);

WHEREAS, on May 18, 2018, the Parties filed a Joint Notice of Settlement and 

Stipulated Request for Administrative Relief (ECF No. 93), notifying the Court that the Parties 

reached an agreement in principle for a class-wide settlement; 

WHEREAS, to give the Parties time to complete the settlement agreement and Plaintiff 

time to submit the motion for preliminary approval, the Parties filed a joint stipulation on June 28, 

2018, requesting a short extension of the deadline for dispositive motions, which the Court 

granted on July 2;

WHEREAS, to give the Parties time to complete the settlement agreement and Plaintiff 

time to submit the motion for preliminary approval, the Parties filed another joint stipulation on 

July 25, 2018, requesting a short extension of the deadline for dispositive motions, which the 

Court granted on July 26;

WHEREAS, on August 27, 2018, Plaintiff filed the motion for preliminary approval of the 

settlement agreement, which sets September 27 as the hearing date;

WHEREAS, the Parties request that the Court move the hearing to October 11 (or any 

subsequent date) because Plaintiff’s counsel has a scheduling conflict on September 27;

WHEREAS, to allow the Parties adequate time to progress through the settlement process 

without expending resources preparing for trial, the Parties request that the Court stay all nonsettlement-related proceedings in this action and vacate the currently scheduled final pretrial 

conference and jury trial;

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- 2 -

NOW, THEREFORE, pursuant to Rule 6-2(a) of the Local Civil Rules of the United 

States District Court for the Northern District of California, the Parties hereby STIPULATE and 

REQUEST that the hearing date on Plaintiff’s motion for preliminary approval of the settlement 

agreement be moved from September 27 to October 11 (or any subsequent date). The Parties 

further STIPULATE and REQUEST that all non-settlement-related proceedings in this action are 

stayed and that the currently scheduled final pretrial conference and jury trial are vacated.

IT IS SO STIPULATED.

Dated: September 13, 2018 O’MELVENY & MYERS LLP

By: /s/ Randall W. Edwards

 Randall W. Edwards

Attorneys for Defendants

Uber Technologies, Inc. and Rasier, LLC

Dated: September 13, 2018 NAPOLI SHKOLNIK PLLC

By: /s/ Paul B. Maslo

 Paul B. Maslo

Attorneys for Plaintiff

ATTESTATION OF FILING

Pursuant to Local Rule 5.1(i)(3) regarding signatures, I, Paul B. Maslo, attest that Randall 

W. Edwards concurs in the filing of this joint stipulation.

Dated: September 13, 2018 NAPOLI SHKOLNIK PLLC

By: /s/ Paul B. Maslo

 Paul B. Maslo

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[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 109 Filed 09/13/18 Page 4 of 4