JOINT STIPULATION TO ADJOURN CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

EDWARD M. CHEN, District Judge.

STIPULATION TO ADJOURN CASE MANAGEMENT CONFERENCE

Pursuant to Civil Local Rule 7-12, Plaintiff Todd Johnston ("Plaintiff") and Defendant Uber Technologies, Inc. ("Uber") (Plaintiff and Defendant are collectively referred to as "the Parties"), by and through their respective counsel of record, hereby stipulate as follows:

WHEREAS, on June 22, 2017, the Court stayed the above-captioned case pending the outcome of various appeals in O'Connor v. Uber Technologies, Inc., Ninth Circuit Court of Appeals, Case Nos. 14-16078, et al. related to the enforceability of arbitration agreements at issue in this case;

WHEREAS, on September 22, 2017, the Ninth Circuit Court of Appeals stayed O'Connor v. Uber Technologies, Inc., Case Nos. 14-16078, et al. pending Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir. 2016), cert. granted (U.S. Jan. 13, 2017) (No. 16-300) ("Morris"), consolidated with Epic Sys. Corp. v. Lewis, 823 F.3d 1147 (7th Cir. 2016), cert. granted (U.S. Jan. 13, 2017) (No. 16-285) and Murphy Oil USA, Inc. v. NLRB, 808 F.3d 1013 (5th Cir. 2015) cert. granted (U.S. Jan. 13, 2017) (No. 16-307) (collectively, "Morris, et al.");

WHEREAS, as a result of meet and confer efforts, the Parties agree that the November 30, 2017 Case Management Conference should be adjourned until after the United States Supreme Court has issued its decision in Morris, et al.;

WHEREAS, the Parties further agree that judicial and party resources would be conserved, and other efficiencies would be gained, if the November 30, 2017 Case Management Conference was adjourned pending the Supreme Court's decision in Morris, et al.;

WHEREAS, the Parties further agree that neither would be prejudiced by a delay in proceedings until after Morris and the consolidated cases are decided given that this case is already stayed pending the appeals in O'Connor, which are stayed pending a ruling in Morris, et al.

NOW THEREFORE, the Parties hereby stipulate, subject to the approval of this Court, that:

1. The November 30, 2017 Case Management Conference is adjourned pending the Supreme Court's decision in Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir. 2016), cert. granted (U.S. Jan. 13, 2017) (No. 16-300) ("Morris"), consolidated with Epic Sys. Corp. v. Lewis, 823 F.3d 1147 (7th Cir. 2016), cert. granted (U.S. Jan. 13, 2017) (No. 16-285) and Murphy Oil USA, Inc. v. NLRB, 808 F.3d 1013 (5th Cir. 2015) cert. granted (U.S. Jan. 13, 2017) (No. 16-307).

2. The Parties shall file a joint status report and proposal for setting a Case Management Conference within fourteen days of the decision in Morris v. Ernst & Young, LLP.

IT IS SO STIPULATED

I, Sophia Behnia, hereby attest that Mr. Malloy, on whose behalf the filing is submitted, concurs in the filing's content and has authorized the filing.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

1. The November 30, 2017 Case Management Conference is adjourned pending the Supreme Court's decision in Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th Cir. 2016), cert. granted (U.S. Jan. 13, 2017) (No. 16-300) ("Morris"), consolidated with Epic Sys. Corp. v. Lewis, 823 F.3d 1147 (7th Cir. 2016), cert. granted (U.S. Jan. 13, 2017) (No. 16-285) and Murphy Oil USA, Inc. v. NLRB, 808 F.3d 1013 (5th Cir. 2015) cert. granted (U.S. Jan. 13, 2017) (No. 16-307).

2. The Parties shall file a joint status report and proposal for setting a Case Management Conference within fourteen days of the decision in Morris v. Ernst & Young, LLP.

IT IS SO ORDERED.