STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANT'S MOTION TO COMPEL ARBITRATION AS TO PLAINTIFF CHISTOPHER ZIERS

HAYWOOD S. GILLIAM, JR., District Judge.

Plaintiffs Wanda Rogers and Christopher Ziers ("Plaintiffs") and Defendant Uber Technologies, Inc. ("Defendant") hereby stipulate and agree as follows, and request entry of the below proposed order approving their stipulation.

WHEREAS, on November 1, 2018, Uber filed a Motion to Compel Arbitration as to Plaintiffs Lucius Manning ("Manning"), Andrew Katzman ("Katzman"), and Carla Vario ("Vario"), and to stay the action, including the claims of Plaintiffs Wanda Rogers ("Rogers") and Christopher Ziers ("Ziers"), pending arbitration. Dkt. No. 57. The motion is set for a hearing on February 14, 2019. Id.;

WHEREAS, Plaintiffs Manning, Katzman, and Vario voluntarily dismissed their claims in this action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) on November 9. Dkt. No. 58;

WHEREAS, Uber now intends to file a motion to compel Ziers to arbitrate his claims;

WHEREAS, the parties are presently scheduled to appear before this Court on February 14, 2019, for a hearing on Defendant's previously filed Motion to Stay (Dkt. No. 56) and Motion to Compel Arbitration (Dkt. No. 57); and

WHEREAS, the parties have met and conferred and agree that judicial efficiency will be served by agreeing to a briefing schedule for Uber's Motion to Compel Arbitration as to Ziers;

NOW THEREFORE, the parties hereby stipulate to and request entry of an order: 1) withdrawing Uber's Motion to Compel Arbitration as to Plaintiffs Manning, Katzman, and Vario (Dkt. No. 57); and 2) setting the following briefing and hearing schedule for Defendant's Motion to Compel Arbitration as to Ziers:

Subject to the Court's availability and schedule for considering the parties' briefs in advance of a hearing, the Parties further request that the Court hear the forthcoming Motion to Compel as to Plaintiff Ziers on February 14, 2019, the date previously noticed for the hearing on Uber's Motion to Compel as to Plaintiffs Manning, Katzman, and Vario (Dkt. No. 57).

ATTESTATION

I, Simon S. Grille, am the ECF user whose identification and password are being used to file this Stipulation and [Proposed] Order Regarding Briefing Schedule for Defendants' Motion to Compel Arbitration as to Ziers. I attest under penalty of perjury that concurrence in this filing has been obtained from all signatories above.

ORDER

This matter is before the Court on the Parties' Stipulation and [Proposed] Order Regarding Briefing Schedule for Defendants' Motion To Compel Arbitration as to Ziers. The Court, having considered the parties' Stipulation, adopts the following briefing schedule:

IT IS SO ORDERED.