Filed: Apr. 10, 2018
Latest Update: Apr. 10, 2018
Summary: ORDER STIPULATION TO CONTINUE APRIL 11, 2018, BENCH TRIAL AND ALL RELATED DEADLINES RICHARD SEEBORG , District Judge . Pursuant to Northern District of California Local Rules 7-1, 7-12 and 40-1, Plaintiff Julian Metter ("Plaintiff") and Defendant Uber Technologies, Inc. ("Defendant") (collectively referred to as the "Parties"), by and through their undersigned counsel of record, hereby stipulate as follows: RECITALS WHEREAS on October 11, 2017, the Ninth Circuit granted Uber's motion fo
Summary: ORDER STIPULATION TO CONTINUE APRIL 11, 2018, BENCH TRIAL AND ALL RELATED DEADLINES RICHARD SEEBORG , District Judge . Pursuant to Northern District of California Local Rules 7-1, 7-12 and 40-1, Plaintiff Julian Metter ("Plaintiff") and Defendant Uber Technologies, Inc. ("Defendant") (collectively referred to as the "Parties"), by and through their undersigned counsel of record, hereby stipulate as follows: RECITALS WHEREAS on October 11, 2017, the Ninth Circuit granted Uber's motion for..
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ORDER STIPULATION TO CONTINUE APRIL 11, 2018, BENCH TRIAL AND ALL RELATED DEADLINES
RICHARD SEEBORG, District Judge.
Pursuant to Northern District of California Local Rules 7-1, 7-12 and 40-1, Plaintiff Julian Metter ("Plaintiff") and Defendant Uber Technologies, Inc. ("Defendant") (collectively referred to as the "Parties"), by and through their undersigned counsel of record, hereby stipulate as follows:
RECITALS
WHEREAS on October 11, 2017, the Ninth Circuit granted Uber's motion for a stay of its appeal and for a limited remand for this Court to conduct a mini-trial;
WHEREAS on October 26, 2017, the Court set a bench trial on January 10, 2018 at 9:30 a.m. before the Honorable Richard Seeborg;
WHEREAS on December 28, 2017, Plaintiff's counsel learned that Plaintiff was recently diagnosed with lymphatic cancer that spread from an earlier diagnosis of bladder cancer.
WHEREAS, Plaintiff underwent surgery on January 2, 2018, as part of his treatment and, as such, the Parties agreed to a short continuance to April 11, 2018, of the bench trial on the limited issue of contract formation of the arbitration agreement, and all corresponding pre-trial dates, to allow time for Plaintiff's recovery from surgery.
WHEREAS, Plaintiff continues to undergo treatment for his cancer that severely limits his ability to travel and appear for the aforementioned bench trial on April 11, 2018.
WHEREAS, the Parties agree that a further continuance of the bench trial is necessary to allow Plaintiff adequate time to complete and recover from his cancer treatments.
THEREFORE, the Parties agree and request that:
(1) The trial of this action be continued to October 17, 2018, or as soon thereafter as the Court's calendar permits; and
(2) All pre-trial deadlines shall be extended and will run in accordance with the continued trial date.
PURSUANT TO STIPULATION, IT IS SO ORDERED:
The bench trial previously set for April 11, 2018, is hereby continued to October 26, 2018, at 9:30 a.m. before the Honorable Richard Seeborg. All pre-trial deadlines shall be extended and will run in accordance with the continued trial date.
