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CURRY v. YELP INC.

Case No. 3:14-cv-03547.

JOSEPH CURRY, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. YELP INC., JEREMY STOPPELMAN, ROB KROLIK and GEOFFREY DONAKER, Defendants.

United States District Court, N.D. California.

August 28, 2015.

Attorney(s) appearing for the Case

GILBERT R. SEROTA , MARJORY GENTRY , RYAN KEATS , ARNOLD & PORTER LLP, San Francisco, CA, Attorneys for Defendants YELP INC., JEREMY STOPPELMAN, ROB KROLIK and GEOFFREY DONAKER.

SHAWN WILLIAMS , ROBINS GELLER RUDMAN & DOWD LLP, Counsel for Plaintiff Joseph Curry.

STIPULATION AND [PROPOSED] ORDER CONTINUING THE OCTOBER 1, 2015 HEARING ON DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT TO OCTOBER 22, 2015

WHEREAS, on May 21, 2015, Plaintiffs' filed their First Amended Class Action Complaint (Dkt. No. 55);

WHEREAS, on May 28, 2015, the parties filed a stipulation and proposed order providing for a briefing and hearing schedule that took into account scheduling conflicts of counsel, personal medical issues and planned summer vacations (Dkt. No. 57);

WHEREAS, that proposed briefing and hearing schedule provided for the hearing on Defendants' Motion To Dismiss The First Amended Complaint to be set for September 15, 2015 at 2:00 p.m.;

WHEREAS, on May 29, 2015 the Court so-ordered the proposed briefing and hearing schedule (Dkt. No. 58);

WHEREAS, on June 26, 2015, the Court continued the hearing on Defendants' Motion To Dismiss the First Amended Complaint to October 1, 2015, due to a change in its availability;

WHEREAS, Defendants' counsel who will be arguing the motion is scheduled to appear in a FINRA arbitration in New Jersey on October 1, 2015, which matter that was scheduled for hearing prior to this Court's order of June 26;

WHEREAS, said arbitration case was mediated last week in New York and did not settle at mediation and, therefore, it is now necessary to reschedule the hearing in this matter;

WHEREAS, the parties have met and conferred and agreed to continue the hearing to October 22, 2015.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO APPROVAL BY THIS COURT, by the parties through their respective counsel of record, as follows:

1. The hearing on Defendants' motion to dismiss shall be re-set for October 22, 2015, at 2:00 p.m.;

2. The parties have not previously continued the noticed hearing date on Defendants' Motion To Dismiss the First Amended Complaint; and

3. The parties do not seek to continue this date for the purpose of delay. The proposed new date will not have an effect on any pre-trial and trial dates as the Court has yet to schedule these dates.

SO STIPULATED.

ORDER

Based on the stipulation of the parties, and good cause appearing therefore, IT IS HEREBY ORDERED that the Stipulation is approved.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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