Preview
Electronically Filed
Envelope: 4404810 by Superior Court of CA,
DAVID H. KRAMER, (SBN 168452) County of Santa Clara,
SHELBY PASARELL TSAI (SBN 220408) on 6/4/2020 1:09 PM
AMIT Q. GRESSEL (SBN 307663 Reviewed By: R. Walker
WILSON SONSINI GOODRICH & ROSATI Case #18CV328915
650 Page Mill Road
Pato Alto, CA 94304-1050 LAURA Linge
bane 1 43114308
Telephone: (650) 493-9300 Iho@gbdhlegal.com
Facsimile: (650) 565-5100 JAMES KAN (SBN 240749)
Email: dkramer@wsgr.com jkan@gbdhlegal.com
Email: stsai@wsgr.com KATHARINE L. FISHER (SBN 305413)
Email: agressel@wsgr.com kflsher@gbdhlegal.com
GOLDSTEIN, BORGEN, DARDARIAN &
VICTOR JIH (SBN 186515) HO
WILSON SONSINI GOODRICH & ROSATI
633 West Fifth Street, Suite 1550 300 Lakeside Drive, Suite 1000
Los Angeles, CA 90071-2027 Oakland, CA 94612
Telephone: (323) 210-2900 Tel: (510) 763-9800
Facsimile: (866) 974-7329 Fax: (510) 835-1417
10 Email: vjih@wsgr.com
JULIAN HAMMOND (SBN 268489)
11 Attorneys for Defendant Google LLC jhammond@hammondlawpe.com
ARI CHERNIAK (SBN 290071)
12
acherniak@hammondlawpc.com
13 POLINA BRANDLER (SBN 269086)
pbrandler@bhammondlawpe.com
14 HAMMONDLAW, P.C.
1829 Reisterstown Rd., Suite 410
15 Baltimore, MD 21208
16
Tel: (310) 601-6766
Fax: (310) 295-2385
17
Attorneys for Plaintiffs and Putative Class
18
SUPERIOR COURT OF THE STATE OF CALIFORNIA
19
FOR THE COUNTY OF SANTA CLARA
20
21 ABDULLAH UZAIR, ANGEL CHAVEZ, CASE NO. 18CV328915
NICHOLAS JOEL LUSKIN, SALVADOR
22 DE LA O, individually and on behalf of all JOINT STIPULATION CONTINUING
others similarly situated, CLASS CERTIFICATION AND
23 SUMMARY JUDGMENT SCHEDULE;
Plaintiffs, AND [PROPOSED] ORDER
24
vy,
25 Department: 1
GOOGLE LLC, a California Limited Before: Honorable Brian C. Walsh
26 Liability Company
Trial Date: None Set
27 Defendant.
28
JoInT STIPULATION CONTINUING CLASS CERTIFICATION AND Case No. 18CV328915
Summ. J. SCHEDULE & [PROPOSED] ORDER
THIS STIPULATION is hereby entered into by and between Plaintiffs Abdullah Uzair,
Angel Chavez, Nicholas Joel Luskin, and Salvador De La O (“Plaintiffs”) and Defendant Google
LLC (“Defendant”) (collectively referred to as the “Parties”), by and through their respective
counsel! of record, as follows:
WHEREAS, Plaintiffs filed their First Amended Complaint on May 20, 2020, which
named three new Plaintiffs: Angel Chavez, Nicholas Joel Luskin, and Salvador De La O, and
Defendant filed its Answer on May 22, 2020;
WHEREAS, the Parties have been engaging in discovery, including meeting and
conferring regarding Plaintiffs’ and Defendant’s discovery responses and document productions;
10 WHEREAS, Defendant plans to request additional discovery responses and documents
lL related to the new named plaintiffs, and Plaintiffs plan to request additional discovery related to
12 the new named plaintiffs;
13 WHEREAS, on the eve of the first scheduled corporate designations, the Shelter in Place
14 orders restricted the Parties’ ability to take depositions, and the Parties have agreed to postpone
15 depositions with the goal of conducting depositions in person after the current restrictions related
16 to the COVID-19 pandemic have been eased;
17 WHEREAS, Defendant plans to file a motion for summary judgment as to the individual
18 Plaintiffs;
19 WHEREAS the Parties agreed to complete depositions needed for Plaintiffs’ motion for
20 class certification and Defendant’s motion for summary judgment as to the individual Plaintiffs by
21 December 15, 2020, without prejudice to Plaintiffs’ ability to conduct additional discovery after
22 Defendant files its motions for summary judgment and without prejudice to both Parties’ ability to
23 conduct additional discovery subsequent to a class certification determination;
24 WHEREAS, the Parties have agreed that Defendant’s sammary judgment motion and
25 Plaintiffs’ motion for class certification should be heard at the same time;
26 WHEREAS, the deadline to file summary judgment motion on individual plaintiffs is
27 currently set at June 5, 2020 and the deadline to file class certification motion is currently set at
28 June 26, 2020;
ele
Join’ STIPULATION CONTINUING CLASS CERTIFICATION & SUMM. J. SCHEDULE; & [PROPOSED] ORDER
CasE No, 18CV328915
‘WHEREAS, the parties have conferred and agreed upon the following amendments to
datés in the schediile in. view of difficulties related to the COVID-19 pandentic, the addition of
three new Plaintiffs, the notice requirements for Defendant’s summary judgment ttiotion, and the
availability. of the Courtand counsel, and the Parties have agreed to the below briefing and hearing
schedule:
NOW, THEREFORE, the Parties hereby STIPULATE and: AGREE to continue
currently set case deadlines-and set’new-deadlines, subject to Court approval, as follows:
‘Eveiit Current Deadline New Deadline
‘Last day to. file summary judgment Jone $, 2020 Feb..5,2021
19 thotion-ott individual plaintiffs
‘Last day’to’file class certification Sune-26,.2020 Feb, 26,2021
i motion
Last day to file opposition to. “july 17, 2020 March 19, 2021.
12 surnmary judgment-motion on
individual plaintiffs
13
‘Last day to file opposition to:class Tuly 24, 2020 March 26, 2021
ie ceitification motion
Last day to file reply in support of July 31, 2020 April 9, 2021
suitrtiary judgment motion on
individual plainsitis
16 Last-day to file reply in support.of Aug, 7,2020 “Apiil 9, 2021
élass‘certification motion
17, Aug. 21, 2020 April 23, 2021
Heating:on motion for summary
18 judgment and motion for class
certification’
19
20 TT ISSO STIPULATED.
Bated: June 1, 2020 Respectfully submitted,
22
GOLDSTEIN, BORGEN, DARDARIAN & HO
23
24 Laure Jf % I
25 Attorneys for Plaintiffs and Putative Class
26: Dated: June 4, 2020 ee et ROSATI, PC.
27
Amit Q: Gressel
Attomeys for Defendant
2s
Jour StipULATION CONTINUING. CLASS CERTIFICA Ton & Sue. J SCHEDULE; B-{PROPOSED] ORDER
CASE NO. 1
ORDER
The Court has considered the Parties’ Joint Stipulation and GOOD CAUSE HAVING
BEEN SHOWN, the Joint Stipulation is GRANTED and the case schedule is modified as
follows:
Event Current Deadline New Deadline
Last day to file summary judgment June 5, 2020 Feb, 5, 2021
motion on individual plaintiffs
Last day to file class certification June 26, 2020 Feb. 26, 2021
motion
Last day to file opposition to July 17, 2020 March 19, 2021
summary judgment motion on
individual plaintiffs
Last day to file opposition to class July 24, 2020 March 26, 2021
10
certification motion
11 Last day to file reply in support of July 31, 2020 April 9, 2021
summary judgment motion on
12 individual plaintiffs
Last day to file reply in support of ‘Aug.7, 2020 April 9, 2021
13 class certification motion
14 Hearing on motion for summary Aug. 21, 2020 April 23, 2021
judgment and motion for class
15 certification
16
17
IT IS SO ORDERED,
18
19
Dated: _ G ~3- 20 By: be: GC (222
20 The Honorable Brian Walsh
Judge of the Santa Clara County Superior
21 Court
22
23
24
25
26
27
28
3
JOINT STIPULATION CONTINUING CLASS CERTIFICATION & SUMM. J. SCHEDULE; & [PROPOSED] ORDER
‘ASH NO. 18CV328915
PROOF OF SERVICE
Uzuir v. Google, LLC
Santa Clara County Superior Court Case No, 18CV328915
I, Regina C. Glynn, declare:
Lam employed in San Francisco County, State of California. I am over the age of 18
years and not a party to the within action. My business address is Wilson Sonsini Goodrich &
Rosati, | Market Plaza, Spear Tower, Suite 3300, San Francisco, California 94105.
On this date, I served:
JOINT STIPULATION CONTINUING CLASS CERTIFICATION AND
SUMMARY JUDGMENT SCHEDULE; AND [PROPOSED] ORDER
By serving the document by electronic transmission via OneLegal system, the electronic
10
filing service provider of the Superior Court of Santa Clara County, to parties on the electronic
il
service list maintained for this.case:
12
Laura L. Ho Julian Hammond
13 James Kan Ari Cherniak
Katharine L, Fisher Polina Brandler
14 GOLDSTEIN, BORGEN, DARDARIAN & HO HAMMONDLAW, P.C.
300 Lakeside Drive, Suite 1000 1829 Reisterstown Road, Suite 410
15 Oakland, CA 94612 Baltimore, MD 21208
TEL: 510-763-9800 TEL: 310-601-6766
16 FAX; 510-835-1417 FAX: 310-295-2385
Email: lhao@gbdhlegal.com; Email: jhammond@hammondlawpe.com;
17 jkan@gbdhlegal.com; acherniak@hammondlawpcxom:
kfisher@gbdhlegal.com pbrandler@hammondlawpe.com
18
Attorneys for Plaintiff Attorneys for Plaintiff
19 ABDULLAH UZAIR ABDULLAH UZAIR
20
I declare under penalty of perjury under the laws of the State of California that the
21
foregoing is true and correct. Executed at Alameda, California on June 2, 2020.
23
24
{ G
Glynn
25
26
27
28
“de
PROOF OF SERVICE CASE NO,: L8CV328915
Preview
Electronically Filed Envelope: 4404810 by Superior Court of CA, DAVID H. KRAMER, (SBN 168452) County of Santa Clara, SHELBY PASARELL TSAI (SBN 220408) on 6/4/2020 1:09 PM AMIT Q. GRESSEL (SBN 307663 Reviewed By: R. Walker WILSON SONSINI GOODRICH & ROSATI Case #18CV328915 650 Page Mill Road Pato Alto, CA 94304-1050 LAURA Linge bane 1 43114308 Telephone: (650) 493-9300 Iho@gbdhlegal.com Facsimile: (650) 565-5100 JAMES KAN (SBN 240749) Email: dkramer@wsgr.com jkan@gbdhlegal.com Email: stsai@wsgr.com KATHARINE L. FISHER (SBN 305413) Email: agressel@wsgr.com kflsher@gbdhlegal.com GOLDSTEIN, BORGEN, DARDARIAN & VICTOR JIH (SBN 186515) HO WILSON SONSINI GOODRICH & ROSATI 633 West Fifth Street, Suite 1550 300 Lakeside Drive, Suite 1000 Los Angeles, CA 90071-2027 Oakland, CA 94612 Telephone: (323) 210-2900 Tel: (510) 763-9800 Facsimile: (866) 974-7329 Fax: (510) 835-1417 10 Email: vjih@wsgr.com JULIAN HAMMOND (SBN 268489) 11 Attorneys for Defendant Google LLC jhammond@hammondlawpe.com ARI CHERNIAK (SBN 290071) 12 acherniak@hammondlawpc.com 13 POLINA BRANDLER (SBN 269086) pbrandler@bhammondlawpe.com 14 HAMMONDLAW, P.C. 1829 Reisterstown Rd., Suite 410 15 Baltimore, MD 21208 16 Tel: (310) 601-6766 Fax: (310) 295-2385 17 Attorneys for Plaintiffs and Putative Class 18 SUPERIOR COURT OF THE STATE OF CALIFORNIA 19 FOR THE COUNTY OF SANTA CLARA 20 21 ABDULLAH UZAIR, ANGEL CHAVEZ, CASE NO. 18CV328915 NICHOLAS JOEL LUSKIN, SALVADOR 22 DE LA O, individually and on behalf of all JOINT STIPULATION CONTINUING others similarly situated, CLASS CERTIFICATION AND 23 SUMMARY JUDGMENT SCHEDULE; Plaintiffs, AND [PROPOSED] ORDER 24 vy, 25 Department: 1 GOOGLE LLC, a California Limited Before: Honorable Brian C. Walsh 26 Liability Company Trial Date: None Set 27 Defendant. 28 JoInT STIPULATION CONTINUING CLASS CERTIFICATION AND Case No. 18CV328915 Summ. J. SCHEDULE & [PROPOSED] ORDER THIS STIPULATION is hereby entered into by and between Plaintiffs Abdullah Uzair, Angel Chavez, Nicholas Joel Luskin, and Salvador De La O (“Plaintiffs”) and Defendant Google LLC (“Defendant”) (collectively referred to as the “Parties”), by and through their respective counsel! of record, as follows: WHEREAS, Plaintiffs filed their First Amended Complaint on May 20, 2020, which named three new Plaintiffs: Angel Chavez, Nicholas Joel Luskin, and Salvador De La O, and Defendant filed its Answer on May 22, 2020; WHEREAS, the Parties have been engaging in discovery, including meeting and conferring regarding Plaintiffs’ and Defendant’s discovery responses and document productions; 10 WHEREAS, Defendant plans to request additional discovery responses and documents lL related to the new named plaintiffs, and Plaintiffs plan to request additional discovery related to 12 the new named plaintiffs; 13 WHEREAS, on the eve of the first scheduled corporate designations, the Shelter in Place 14 orders restricted the Parties’ ability to take depositions, and the Parties have agreed to postpone 15 depositions with the goal of conducting depositions in person after the current restrictions related 16 to the COVID-19 pandemic have been eased; 17 WHEREAS, Defendant plans to file a motion for summary judgment as to the individual 18 Plaintiffs; 19 WHEREAS the Parties agreed to complete depositions needed for Plaintiffs’ motion for 20 class certification and Defendant’s motion for summary judgment as to the individual Plaintiffs by 21 December 15, 2020, without prejudice to Plaintiffs’ ability to conduct additional discovery after 22 Defendant files its motions for summary judgment and without prejudice to both Parties’ ability to 23 conduct additional discovery subsequent to a class certification determination; 24 WHEREAS, the Parties have agreed that Defendant’s sammary judgment motion and 25 Plaintiffs’ motion for class certification should be heard at the same time; 26 WHEREAS, the deadline to file summary judgment motion on individual plaintiffs is 27 currently set at June 5, 2020 and the deadline to file class certification motion is currently set at 28 June 26, 2020; ele Join’ STIPULATION CONTINUING CLASS CERTIFICATION & SUMM. J. SCHEDULE; & [PROPOSED] ORDER CasE No, 18CV328915 ‘WHEREAS, the parties have conferred and agreed upon the following amendments to datés in the schediile in. view of difficulties related to the COVID-19 pandentic, the addition of three new Plaintiffs, the notice requirements for Defendant’s summary judgment ttiotion, and the availability. of the Courtand counsel, and the Parties have agreed to the below briefing and hearing schedule: NOW, THEREFORE, the Parties hereby STIPULATE and: AGREE to continue currently set case deadlines-and set’new-deadlines, subject to Court approval, as follows: ‘Eveiit Current Deadline New Deadline ‘Last day to. file summary judgment Jone $, 2020 Feb..5,2021 19 thotion-ott individual plaintiffs ‘Last day’to’file class certification Sune-26,.2020 Feb, 26,2021 i motion Last day to file opposition to. “july 17, 2020 March 19, 2021. 12 surnmary judgment-motion on individual plaintiffs 13 ‘Last day to file opposition to:class Tuly 24, 2020 March 26, 2021 ie ceitification motion Last day to file reply in support of July 31, 2020 April 9, 2021 suitrtiary judgment motion on individual plainsitis 16 Last-day to file reply in support.of Aug, 7,2020 “Apiil 9, 2021 élass‘certification motion 17, Aug. 21, 2020 April 23, 2021 Heating:on motion for summary 18 judgment and motion for class certification’ 19 20 TT ISSO STIPULATED. Bated: June 1, 2020 Respectfully submitted, 22 GOLDSTEIN, BORGEN, DARDARIAN & HO 23 24 Laure Jf % I 25 Attorneys for Plaintiffs and Putative Class 26: Dated: June 4, 2020 ee et ROSATI, PC. 27 Amit Q: Gressel Attomeys for Defendant 2s Jour StipULATION CONTINUING. CLASS CERTIFICA Ton & Sue. J SCHEDULE; B-{PROPOSED] ORDER CASE NO. 1 ORDER The Court has considered the Parties’ Joint Stipulation and GOOD CAUSE HAVING BEEN SHOWN, the Joint Stipulation is GRANTED and the case schedule is modified as follows: Event Current Deadline New Deadline Last day to file summary judgment June 5, 2020 Feb, 5, 2021 motion on individual plaintiffs Last day to file class certification June 26, 2020 Feb. 26, 2021 motion Last day to file opposition to July 17, 2020 March 19, 2021 summary judgment motion on individual plaintiffs Last day to file opposition to class July 24, 2020 March 26, 2021 10 certification motion 11 Last day to file reply in support of July 31, 2020 April 9, 2021 summary judgment motion on 12 individual plaintiffs Last day to file reply in support of ‘Aug.7, 2020 April 9, 2021 13 class certification motion 14 Hearing on motion for summary Aug. 21, 2020 April 23, 2021 judgment and motion for class 15 certification 16 17 IT IS SO ORDERED, 18 19 Dated: _ G ~3- 20 By: be: GC (222 20 The Honorable Brian Walsh Judge of the Santa Clara County Superior 21 Court 22 23 24 25 26 27 28 3 JOINT STIPULATION CONTINUING CLASS CERTIFICATION & SUMM. J. SCHEDULE; & [PROPOSED] ORDER ‘ASH NO. 18CV328915 PROOF OF SERVICE Uzuir v. Google, LLC Santa Clara County Superior Court Case No, 18CV328915 I, Regina C. Glynn, declare: Lam employed in San Francisco County, State of California. I am over the age of 18 years and not a party to the within action. My business address is Wilson Sonsini Goodrich & Rosati, | Market Plaza, Spear Tower, Suite 3300, San Francisco, California 94105. On this date, I served: JOINT STIPULATION CONTINUING CLASS CERTIFICATION AND SUMMARY JUDGMENT SCHEDULE; AND [PROPOSED] ORDER By serving the document by electronic transmission via OneLegal system, the electronic 10 filing service provider of the Superior Court of Santa Clara County, to parties on the electronic il service list maintained for this.case: 12 Laura L. Ho Julian Hammond 13 James Kan Ari Cherniak Katharine L, Fisher Polina Brandler 14 GOLDSTEIN, BORGEN, DARDARIAN & HO HAMMONDLAW, P.C. 300 Lakeside Drive, Suite 1000 1829 Reisterstown Road, Suite 410 15 Oakland, CA 94612 Baltimore, MD 21208 TEL: 510-763-9800 TEL: 310-601-6766 16 FAX; 510-835-1417 FAX: 310-295-2385 Email: lhao@gbdhlegal.com; Email: jhammond@hammondlawpe.com; 17 jkan@gbdhlegal.com; acherniak@hammondlawpcxom: kfisher@gbdhlegal.com pbrandler@hammondlawpe.com 18 Attorneys for Plaintiff Attorneys for Plaintiff 19 ABDULLAH UZAIR ABDULLAH UZAIR 20 I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct. Executed at Alameda, California on June 2, 2020. 23 24 { G Glynn 25 26 27 28 “de PROOF OF SERVICE CASE NO,: L8CV328915