Preview
FILED
San Francisco County Superior Court
RANDALL S. LUSKEY (SBN 240915)
rluskey@paulweiss.com JAN 2.5 2024
PAUL, WEISS, RIFKIND, WHARTON & CLE,
GARRISON LLP BY.
535 Mission Street, 24th Floor Deputy Clerk
San Francisco, California 94105
Telephone: (628) 432-5100
Facsimile: (628) 232-3101
Attorney for Defendants
UBER TECHNOLOGIES, INC. AND RASIER, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION
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il ZACHARY WATTERSON, CASE NO. CGC-23-611155
an individual,
12 Assigned to: Hon. Anne-Christine Massullo,
Plaintiff, Dept.: 610
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Vv. DEFENDANTS UBER TECHNOLOGIES, INC.
14 AND RASIER, LLC’S AND PLAINTIFF
UBER TECHNOLOGIES, INC., ZACHARY WATTERSON’S STIPULATION
15 a Delaware Corporation; RASIER, LLC, TO STAY PENDING ADD-ON TO JCCP NO.
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a Delaware Limited Liability Company,
and DOES 1 through 50, Inclusive,
5188; [P
Date Fil
— ] ORDER
lecember 19, 2023
17 Defendants. Trial Date: None Set
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JOINT STIPULATION TO STAY PENDING ADD-ON TO JCCP NO. 5188
Case No. CGC-23-611155
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TO THE HONORABLE COURT:
Defendants Uber Technologies, Inc. and Rasier, LLC (“Uber”) and Plaintiff Zachary
Watterson (“Plaintiff”) hereby stipulate as follows:
On December 9, 2021 the Honorable Andrew Y.S. Cheng, who was appointed by the
Judicial Council of California pursuant to California Code of Civil Procedure section 404.4 to hear
the Petition for Coordination for JCCP No. 5188 (“Petition”), issued an order granting the Petition.
Judge Cheng’s order granting the Petition stayed the 86 matters included in the Petition.
On February 2, 2022, the Hon. Judge Ethan P. Schulman was assigned to sit as coordination
trial judge to hear and determine the coordinated actions. On April 12, 2022; May 31, 2022; July
10 11, 2022; August 18, 2022; September 14, 2022; September 27, 2022; October 6, 2022; November
11 16, 2022; January 6, 2023; January 10, 2023; January 18, 2023; February 10, 2023; April 12, 2023;
12 June 9, 2023; July 6, 2023; August 8, 2023; September 5, 2023; September 27, 2023; and October
13 30, 2023 Judge Schulman granted Orders re Coordination for actions encompassing an additional
14 1,447 cases for a total of some 1,533 coordinated cases. Since then, on January 16, 2024, Uber
15 filed another Notice of Stipulated Potential Add-On Cases for Coordination Consideration in JCCP
16 5188, and Request for Stay, requesting that this matter be added into the coordinated proceedings.
17 Plaintiff joins Uber and agrees that this case should be coordinated. Judge Schulman has
18 not yet ruled on this Notice of Potential Add-On Cases.
19 Therefore, having already agreed that this case should be coordinated in JCCP No. 5188,
20 Uber and Plaintiff hereby stipulate that all proceedings, including any pleading deadlines in the
21 action set forth above be stayed pending a determination by Judge Schulman on the Notice of
22 Potential Add-On Cases.
23 In so stipulating, Uber does not waive, and expressly preserves, any and all rights to
24 challenge Plaintiff's pleading by way of demurrer, motion to strike, or motion to stay or dismiss
25 based on forum non-conveniens, or to otherwise challenge the subject matter, venue, or forum of
26 the litigation, whether in the individual action or in the coordinated proceeding. Uber and Plaintiff
27 agree that this stipulation serves only the limited purposes expressly set forth herein and shall not
28 be asserted, or relied upon in any manner, by Plaintiff to oppose any challenge by Uber to
-2-
JOINT STIPULATION TO STAY PENDING ADD-ON TO JCCP NO. 5188
Case No. CGC-23-611155
Plaintiff's pleading or to the subject matter, venue, or forum of the litigation.
In the event that the request to add this matter into the coordinated proceedings JCCP No.
5188 is denied, the Parties will promptly notify the Court, seek relief from this stipulated stay, and
meet and confer about any deadlines.
IT IS SO STIPULATED.
Dated: January 16, 2024 PAUL, WEISS, RIFKIND, WHARTON
& GARRISON, LLP
By: ‘s/ Randall S. Luskey
10 Randall S. Luskey
ll Attorney for Defendants
UBER TECHNOLOGIES, INC.
12 AND RASIER, LLC
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14 Dated: January 16, 2024 PEIFFER, WOLF, CARR, CONWAY
& WISE, LLP
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By: /s/ Rachel B. Abrams
17 Adam B. Wolf
Rachel B. Abrams
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Attorneys for Plaintiff
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JOINT STIPULATION TO STAY PENDING ADD-ON TO JCCP NO. 5188
Case No. CGC-23-611155
1 P. ORDER
2 Pursuant to the stipulation of the Parties, all proceedings in the this matter, including any
3]| pleading deadlines, are hereby stayed pending a determination by the Coordination Judge on the
4]| Notice of Add-On Cases in JCCP No. 5188:
5 1 IT IS SO ORDERED.
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7\| Dated: Thom6 We
—_—Tt
Judge of the Superior Court
ETHAN P. SCHULMAN
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JOINT STIPULATION TO STAY PENDING ADD-ON TO JCCP NO. 5188
Case No. CGC-23-611155
CERTIFICATE OF ELECTRONIC SERVICE
(CCP 1010.6(6) & CRC 2.260(g))
I, Felicia Green, a Deputy Clerk of the Superior Court of the County of San Francisco,
certify that I am not a party to the within action.
On January 25, 2024, I electronically served DEFENDANTS UBER TECHNOLOGIES,
INC. AND RASIER, LLC'S AND PLAINTIFF ZACHARY WATTERSON'S STIPULATION TO STAY
PENDING ADD-ON TO JCCP NO. 5188; ORDER via File & ServeXpress on the recipients
designated on the Transaction Receipt located on the File & ServeXpress website.
Dated: JAN 25 2024
Brandon E. Riley, Court Executive Officer
ay. Cettioin Ueew
Felicia Green, Deputy Clerk
Preview
FILED San Francisco County Superior Court RANDALL S. LUSKEY (SBN 240915) rluskey@paulweiss.com JAN 2.5 2024 PAUL, WEISS, RIFKIND, WHARTON & CLE, GARRISON LLP BY. 535 Mission Street, 24th Floor Deputy Clerk San Francisco, California 94105 Telephone: (628) 432-5100 Facsimile: (628) 232-3101 Attorney for Defendants UBER TECHNOLOGIES, INC. AND RASIER, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION 10 il ZACHARY WATTERSON, CASE NO. CGC-23-611155 an individual, 12 Assigned to: Hon. Anne-Christine Massullo, Plaintiff, Dept.: 610 13 Vv. DEFENDANTS UBER TECHNOLOGIES, INC. 14 AND RASIER, LLC’S AND PLAINTIFF UBER TECHNOLOGIES, INC., ZACHARY WATTERSON’S STIPULATION 15 a Delaware Corporation; RASIER, LLC, TO STAY PENDING ADD-ON TO JCCP NO. 16 a Delaware Limited Liability Company, and DOES 1 through 50, Inclusive, 5188; [P Date Fil — ] ORDER lecember 19, 2023 17 Defendants. Trial Date: None Set 18 19 20 21 22 23 24 25 26 27 28 1 JOINT STIPULATION TO STAY PENDING ADD-ON TO JCCP NO. 5188 Case No. CGC-23-611155 7 TO THE HONORABLE COURT: Defendants Uber Technologies, Inc. and Rasier, LLC (“Uber”) and Plaintiff Zachary Watterson (“Plaintiff”) hereby stipulate as follows: On December 9, 2021 the Honorable Andrew Y.S. Cheng, who was appointed by the Judicial Council of California pursuant to California Code of Civil Procedure section 404.4 to hear the Petition for Coordination for JCCP No. 5188 (“Petition”), issued an order granting the Petition. Judge Cheng’s order granting the Petition stayed the 86 matters included in the Petition. On February 2, 2022, the Hon. Judge Ethan P. Schulman was assigned to sit as coordination trial judge to hear and determine the coordinated actions. On April 12, 2022; May 31, 2022; July 10 11, 2022; August 18, 2022; September 14, 2022; September 27, 2022; October 6, 2022; November 11 16, 2022; January 6, 2023; January 10, 2023; January 18, 2023; February 10, 2023; April 12, 2023; 12 June 9, 2023; July 6, 2023; August 8, 2023; September 5, 2023; September 27, 2023; and October 13 30, 2023 Judge Schulman granted Orders re Coordination for actions encompassing an additional 14 1,447 cases for a total of some 1,533 coordinated cases. Since then, on January 16, 2024, Uber 15 filed another Notice of Stipulated Potential Add-On Cases for Coordination Consideration in JCCP 16 5188, and Request for Stay, requesting that this matter be added into the coordinated proceedings. 17 Plaintiff joins Uber and agrees that this case should be coordinated. Judge Schulman has 18 not yet ruled on this Notice of Potential Add-On Cases. 19 Therefore, having already agreed that this case should be coordinated in JCCP No. 5188, 20 Uber and Plaintiff hereby stipulate that all proceedings, including any pleading deadlines in the 21 action set forth above be stayed pending a determination by Judge Schulman on the Notice of 22 Potential Add-On Cases. 23 In so stipulating, Uber does not waive, and expressly preserves, any and all rights to 24 challenge Plaintiff's pleading by way of demurrer, motion to strike, or motion to stay or dismiss 25 based on forum non-conveniens, or to otherwise challenge the subject matter, venue, or forum of 26 the litigation, whether in the individual action or in the coordinated proceeding. Uber and Plaintiff 27 agree that this stipulation serves only the limited purposes expressly set forth herein and shall not 28 be asserted, or relied upon in any manner, by Plaintiff to oppose any challenge by Uber to -2- JOINT STIPULATION TO STAY PENDING ADD-ON TO JCCP NO. 5188 Case No. CGC-23-611155 Plaintiff's pleading or to the subject matter, venue, or forum of the litigation. In the event that the request to add this matter into the coordinated proceedings JCCP No. 5188 is denied, the Parties will promptly notify the Court, seek relief from this stipulated stay, and meet and confer about any deadlines. IT IS SO STIPULATED. Dated: January 16, 2024 PAUL, WEISS, RIFKIND, WHARTON & GARRISON, LLP By: ‘s/ Randall S. Luskey 10 Randall S. Luskey ll Attorney for Defendants UBER TECHNOLOGIES, INC. 12 AND RASIER, LLC 13 14 Dated: January 16, 2024 PEIFFER, WOLF, CARR, CONWAY & WISE, LLP 15 16 By: /s/ Rachel B. Abrams 17 Adam B. Wolf Rachel B. Abrams 18 Attorneys for Plaintiff 19 20 21 22 23 24 25 26 27 28 3- JOINT STIPULATION TO STAY PENDING ADD-ON TO JCCP NO. 5188 Case No. CGC-23-611155 1 P. ORDER 2 Pursuant to the stipulation of the Parties, all proceedings in the this matter, including any 3]| pleading deadlines, are hereby stayed pending a determination by the Coordination Judge on the 4]| Notice of Add-On Cases in JCCP No. 5188: 5 1 IT IS SO ORDERED. 6 7\| Dated: Thom6 We —_—Tt Judge of the Superior Court ETHAN P. SCHULMAN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION TO STAY PENDING ADD-ON TO JCCP NO. 5188 Case No. CGC-23-611155 CERTIFICATE OF ELECTRONIC SERVICE (CCP 1010.6(6) & CRC 2.260(g)) I, Felicia Green, a Deputy Clerk of the Superior Court of the County of San Francisco, certify that I am not a party to the within action. On January 25, 2024, I electronically served DEFENDANTS UBER TECHNOLOGIES, INC. AND RASIER, LLC'S AND PLAINTIFF ZACHARY WATTERSON'S STIPULATION TO STAY PENDING ADD-ON TO JCCP NO. 5188; ORDER via File & ServeXpress on the recipients designated on the Transaction Receipt located on the File & ServeXpress website. Dated: JAN 25 2024 Brandon E. Riley, Court Executive Officer ay. Cettioin Ueew Felicia Green, Deputy Clerk