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  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview 
						
                                
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William A. Levin, Esq. (SBN 98592)
LEVIN SIMES ABRAMS LLP
1700 Montgomery Street, Suite 250
San Francisco, California 94111
Telephone: (415) 426-3000
Facsimile: (415) 426-3001

Email: wlevin@levinsimes.com

Stephen J. Estey, Esq. (SBN 163093)
R. Michael Bomberger, Esq. (SBN 169866)
Kristen K. Barton, Esq. (SBN 303228)
ESTEY & BOMBERGER, LLP
2869 India Street

San Diego, CA 92103 —

Telephone: (619) 295-0035

Facsimile: (619) 295-0172

Email: steve@estey-bomberger.com
Email: mike@estey-bomberger.com
Email: kristen@estey-bomberger.com

Walt Cubberly, Esq. (SBN: 325163)
WILLIAMS HART & BOUNDAS, LLP
8441 Gulf Freeway, Suite 600
Houston, Texas 77017

Telephone: (713) 230-2200

Facsimile: (713) 643-6226

Email: wcoubberly@whlaw.com

Attorneys for Plaintiffs;
Plaintiffs’ Leadership
Counsel

COORDINATION PROCEEDING
SPECIAL TITLE [CRC 3.550(c)]

In Re Lyft Rideshare Cases

This document relates to all cases

Warren Metlitzky, Esq. (SBN 220758)
Gabriela Kipnis, Esq. (SBN 284965)
CONRAD | METLITZKY | KANE LLP
Four Embarcadero Center, Suite 1400

San Francisco, CA 94111

Telephone: (415) 343-7100

Facsimile: (415) 343-7101

Email: wmetlitzky@conmetkane.com
Email: gkipnis@conmetkane.com

Beth A. Stewart, Esq. (pro hac vice)
Heidi H. Hubbard, Esq. (pro hac vice)
David Randall J. Riskin, Esq. (pro hac vice)
WILLIAMS & CONNOLLY LLP
680 Maine Avenue, SW

Washington, DC 20024

Telephone: (202) 434-5000
Facsimile: (202) 434-5029

Email: bstewart@we.com

Email: hhubbard@we.com

Email: driskin@we.com

Attorneys for Defendant Lyft, Inc.

Case No.: CJC-20-005061

JUDICIAL COUNCIL COORDINATION
PROCEEDING No. 5061

Ac .
[Brepesed] Order Appointing a
Discovery Referee Under CCP §§ 638,

644(b)

Judge: Andrew Y.S. Cheng
Dept.: 613

:| CASE NO. CIC-20-005061

[PROPOSED] ORDER RE APPOINTMENT OF DISCOVERY REFEREE0 Om NDA AH BF YW N

In light of the outstanding and contemplated discovery disputes between the parties, the Court

| appoints the Honorable Elizabeth D. Laporte as discovery referee to hear and determine three pending

| discovery disputes in advance of the first trial: (1) apex depositions, (2) discovery related to Lyft, Inc.’s
Board, and (3) discovery related to Lyft’s Executive Leadership Team and to report her findings and

‘make a recommendation to the Court. This order is pursuant to California Code of Civil Procedure §§

638 and 644(b). Ms. Jayli Miller is further appointed to serve as Law Clerk to Judge Laporte and is
| empowered to take on all tasks Judge Laporte deems necessary in fulfilling the Referee’s duties. By

agreement of the Parties or by Court Order, Judge Laporte’s jurisdiction may be extended to cover other
‘matters.
i The exceptional circumstances requiring this referee are that this is a coordinated proceeding,
Hand the Judicial Council established this JCCP. The Court finds appointing a discovery referee will help
achieve the Judicial Council’s goal of efficiently using judicial resources.

The Court further finds that no party has established an economic inability to pay a pro rata
share of the referee’s fee.

Identity of the Referee

The Court appoints the Honorable Elizabeth D. Laporte as referee. Judge Laporte’s bar number
is 106670. Judge Laporte may be contacted through JAMS, Two Embarcadero Center, 15th Floor, San
Francisco, California 94111; (415) 774-2615; (415) 982-5287 (fax); sschreiber@jamsadr.com. Judge
Laporte is an active member of the California Bar.

Scope of the Referee’s Powers

This is a special reference limited to discovery matters. But the referee’s power will extend to all

|| matters conceming discovery related to the three issues discussed in the opening paragraph of this order,

including the general management, scheduling, and supervision of discovery. It will further include

}| hearing specific discovery disputes. The referee will exercise authority under Court supervision. Should

Judge Laporte’s jurisdiction be extended, and without intending to limit the referee’s general powers
over discovery, she will have the authority to do the following:
a. Hear all discovery disputes, including those with witnesses and others who are not parties

i to the action (third parties), including, but not limited to, motions to compel, motions to

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| CASE NO. C3C-20-005061 ° [parse] ORDER RE APPOINTMENT ‘OF DISCOVERY REFEREECoO NY AW eb Ww NH

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quash, motions for protective orders, motions to change designation of documents
pursuant to the Stipulated Protective Order, disputes over ESI protocols, and objections to
discovery requests and subpoenas; and to present to the Court recommended orders
concerning any such disputes.

db. Set the date, time, and place for all hearings on matters concerning discovery; preside
over those hearings; take evidence, rule on objections, motions, and other requests made

during the course of those hearings.

Direct the issuance of subpoenas, commissions, and letters rogatory, unless otherwise
issued by the Clerk’s office.

d. Preside over depositions and rule on the propriety of questions and objections.

e Conduct in camera reviews in connection with discovery matters, as permitted by law.

f. Conduct mandatory scheduling conferences concerning any discovery issue.

g Hold informal hearings and status conferences in person or by telephone, at which the
referee may make informal rulings on minor discovery-related scheduling and other
matters that do not require formal motions.

Hearings
The parties shall meet and confer in a good-faith effort to resolve discovery disputes before

involving the referee. Notwithstanding any other provisions in this Order, the parties have already met

| and conferred regarding the issues set out in the opening paragraph of this Order, and Judge Laporte has

established a briefing schedule as to the three issues over which Judge Laporte has jurisdiction.

As a general matter, unless otherwise ordered by the referee or agreed by the parties, motions
shall be served 15 days in advance of the hearing; joinders shall be served 12 days in advance;
oppositions shall be served 7 days in advance; replies may be served 2 days in advance.’ Pursuant to
California Rule of Court 2.004(b), briefs and other motion papers shall be filed with the clerk in the

same manner as would be required if the case were being heard by a judge, and a file-stamped copy shall

||! should a filing day fall on a weekend or a holiday, the filing shall be due the next court day. Should that schedule prejudice

any party (for example by reducing the allotted time to file a brief), the schedule shall be modified or the hearing shall be

moved to alleviate the prejudice.
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CASE NO. CJC-20-005061 [PROPOSED] ORDER RE APPOINTMENT OF DISCOVERY REFEREEoO YD HW PF Ww NY

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i then be provided to the referee. All motion papers provided to the referee must be filed on JAMS
‘Access, with an additional hard copy to be provided to the Case Manager for any voluminous material.

Before noticing a hearing, the noticing party shall contact the referee’s case manager to obtain an

available date. The noticing party shall make a good-faith effort to confer with all other parties to
identify possible hearing dates for which all parties are available.

Hearings may be in person, virtual or telephonic conference, or by Zoom. All in-person hearings
will be at the referee’s office, unless otherwise ordered. All hearings shall be transcribed by a court
reporter, for which Plaintiffs and Lyft shall split the cost.

Recommended Order

With respect to all formal noticed motions, within 15 days following the close of a hearing and
formal submission on the matter, the referee shall serve on counsel a recommended order that includes
the referee’s reasoning, recommends a specific order, and contains space for the judge’s signature.

Within three days after the service of the recommended order, any party may ask the referee in
writing to correct or clarify the recommended order. The referee shall issue a ruling on the request for
clarification within five days of receiving it. If no timely request to clarify is filed, the referee will

promptly present the recommended order to the Court. The Court will independently review and adopt,

‘ll modify, or reject the recommended order, and file and serve it on all parties and the referee, subject to

| the next paragraph.

‘Notwithstanding any other provisions in this order, as to the three matters expressly addressed in

the first paragraph, the referee shall, within 10 days following close of the hearing, though she will

|| endeavor to do so as quickly as possible, serve on counsel a recommended order that includes the

referee’s reasoning, recommends a specific order, and contains space for the Court’s signature.
Objections to Recommended Orders
Within the later of ten court days after service of the recommended order, if no request to clarify
is made, or ten court days after service of the clarified recommended order, any party may file with the
Court and serve on all parties and the referee an objection to the order, which shall include the papers

filed with the referee and a copy of the final recommended order. Within ten court days after service of

_ 42
CASE NO. CJC-20-005061 packoset) ORDER RE APPOINTMENT OF DISCOVERY REFEREEoe

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an objection, any party may serve and file a response. Within five days of that response, the moving

party may file a reply.

Notwithstanding any other provisions of this order, as to the matters set forth in the first
paragraph of this order, the time to object is 6 days. The time to respond to an objection is 6 days. The
time to reply in support of an objection is 3 days.

The Court will not hold hearings on the actions that it takes on recommended orders unless
specifically requested by a party and approved by the Court.

Referee’s Compensation

The referee shall be compensated by the parties for her time at the rate of $1,300 an hour, in

‘| addition to out-of-pocket expenses. Ms. Miller shall be compensated at a rate of $450 an hour. In
| addition, JAMS may charge a Case Management Fee of 13% of the referee’s professional charges. The

||| fees and-expenses for the referee will be divided equally between the parties.

Each month the referee will send to Plaintiffs’ and Defendants’ Counsel via e-mail a written bill

||| stating the total hours worked by the referee and the fees and costs charged for that month by the referee.

ee shall Son hours wéxked bythe particutar discovery dispute to which they relate,
vide a clear desefiption of all work performed.

When any recommendation is submitted to the Court, the referee must file along with the
recommendation, a statement of the hours spent and the total fees charged by the referee, and the

referee’s recommended allocation of payment. The referee must serve this statement of fees on all

|| patties.

Consultation with the Court

The referee may consult ex parte with the Court as needed concerning case management,

| scheduling, and discovery management generally. The referee will notify the parties before contacting

the Court.
General

The use of court facilities and court personnel for purposes of this reference is not authorized.
Proceedings before the referee will be conducted in private facilities.

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TPROPOSED] ‘ORDER RE APPOINTMENT OF DISCOVERY REFEREE

CASE NO. CJC-20-005061mn

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|| Dated: _ .3/30/2023

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Nothing in this order shall preclude the Court from hearing and deciding discovery matters if the

‘referee is unavailable or the Court so orders.

This order shall remain in effect during the pendency of this action, unless modified or vacated

iby further order of the Court.

| Respectfully submitted,

Dated: 3/30/2023 By: Ly 4 Uf

William A. Levin

LEVIN SIMES ABRAMS LLP
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‘Dated: 3/30/2023 py: RET
: Brooks Cutter
Celine Cutter

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Dated: 3/30/2023 By: (eat -

Stephen J. Estey

R. Michael Bomberger

Kristen K, Barton

ESTEY & BOMBERGER LLP

Zed

Walt Cubberly
WILLIAMS HART & BOUNDAS LLP

Attorneys for Plaintiffs

Dated: _ 3/30/2023 By:

Gabriela Kipnis
CONRAD | METLITZKY | KANE LLP

Heidi Hubbard

Beth Stewart

David Randall J. Riskin
WILLIAMS & CONNOLLY LLP

Attorneys for Defendant Lyfi, Inc.

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|| CASENO. CIC-20-005061 PROPOSED! ‘ORDER RE APPOINTMENT OF DISCOVERY REFEREEeee eee
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California Rules of Court.

‘ows. [Mdech 31.303

The Honoral Mes Laporte

Consent & Certification of Referee

I consent to serve as referee in this matter pursuant to the terms stated above. I certify that I am aware of
and will comply with the applicable provisions of Cannon 6 of the Code of Judicial Ethics and with the

-7-

CASE NO. CJC-20-005061

(pReFOSED] ORDER RE APPOINTMENT OF DISCOVERY REFEREE”

AFT
JPROPOSEDLORDER

: Having reviewed the jointly filed proposed order appointing Judge Laporte as Special Maste: the
' Court hereby orders her appointed according to the terms set forth above. Wisenrey

et

IT IS SO ORDERED.

Dated: the Cr SEC

Hon. Andrew Y.S. Cheng
Judge of the Superior Court

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CASE NO. CJC-20-005061 (PROPOSED) ‘ORDER RE APPOINTMENT OF DISCOVERY REFEREE