Criswell v. FanDuel, Inc. et al

JOINT STIPULATION AND PROPOSED ORDER REGARDING CASE SCHEDULE
CASE NO. 3:25-cv-10473-CRB
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Wesley M. Griffith, SBN 286390
ALMEIDA LAW GROUP LLC
111 W. Ocean Blvd, Suite 426
Long Beach, CA 90802
Telephone: 310-896-5813
E-mail: wes@almeidalawgroup.com
Margot Cutter, SBN 306789
CUTTER LAW P.C.
401 Watt Avenue
Sacramento, CA 95864
Telephone: 916-290-9400
E-mail: mcutter@cutterlaw.com
F. Peter Silva II, SBN 348070
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue, NW, Suite 1010
Washington, DC 20006
E-mail: psilva@tzlegal.com
Counsel for Plaintiff and the Proposed Class
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
GILBERT CRISWELL, individually and on
behalf of others similarly situated,
Plaintiff,
v.
FANDUEL, INC., FANDUEL LIMITED,
FLUTTER ENTERTAINMENT PLC, AND
DOES 1-10,
Defendants.
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Case No.: 3:25-cv-10473-CRB
JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
CASE SCHEDULE
Hon. Charles R. Breyer
Case 3:25-cv-10473-CRB Document 16 Filed 02/23/26 Page 1 of 5

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JOINT STIPULATION AND PROPOSED ORDER REGARDING CASE SCHEDULE
CASE NO. 3:25-cv-10473-CRB
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Pursuant to Local Rules 6-1, 6-2 and 7-12, and subject to the Court’s approval,
Defendants FanDuel, Inc., FanDuel Limited, and Flutter Entertainment PLC (collectively,
“FanDuel” or “Defendants”), and Plaintiff Gilbert Criswell (“Plaintiff”) (jointly, the “Parties”),
by and through their respective undersigned counsel, stipulate and agree as follows:
WHEREAS, on December 5, 2025, Plaintiff filed his Class Action Complaint (ECF No.
1);
WHEREAS, on December 12, 2025, Defendants waived service of summons;
WHEREAS, the Parties have agreed and the Court has ordered that Plaintiff shall file an
Amended Complaint by February 26, 2026, Defendants shall file a Motion to Compel
Arbitration by April 6, 2026, Plaintiff shall oppose by May 8, 2026, Defendants shall reply by
May 22, 2026, with a hearing to occur on June 12, 2026 (ECF Nos. 13, 14);
WHEREAS, the Parties also agreed and the Court approved that the issue of arbitrability
should be addressed before briefing on a motion to dismiss, submission of an answer, or other
responsive pleading by Defendants (ECF Nos. 13, 14);
WHEREAS, there is presently no case management conference set in this action;
WHEREAS, certain existing case deadlines remain on calendar in this action associated
with the initial, automatically set scheduling order (EFC No. 7) that was put in place before this
matter was assigned to Your Honor;
WHEREAS, the Parties met and conferred regarding the existing case schedule and
upcoming deadlines on February 17, 2026;
WHEREAS, given Plaintiff’s intent to file an Amended Complaint and Defendants’
intent to seek to compel arbitration, the Parties agree that a continuance of most other existing
case deadlines is appropriate and will conserve the resources of the Court and the Parties;
WHEREAS, Plaintiff anticipates that he may need targeted discovery from Defendants
related to the issue of arbitrability;
Case 3:25-cv-10473-CRB Document 16 Filed 02/23/26 Page 2 of 5

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JOINT STIPULATION AND PROPOSED ORDER REGARDING CASE SCHEDULE
CASE NO. 3:25-cv-10473-CRB
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WHEREAS, it is Defendants’ position that no discovery is required at this time, but
Defendants have agreed to meet and confer with Plaintiff on appropriate arbitration-related
discovery after their Motion to Compel Arbitration is filed if so requested by Plaintiffs;
WHEREAS, this stipulation is submitted in good faith and not for any purposes of delay;
WHEREAS, the Parties have not requested any prior extensions of these case deadlines
and this stipulated schedule will not alter the date of any other event or deadline already fixed by
Court order;
NOW, THEREFORE, THE PARTIES STIPULATE AND REQUEST, through their
respective counsel, and subject to the Court’s approval, that:
 The Parties shall submit ADR certifications by March 12, 2026.
 If requested by Plaintiff, the Parties shall meet and confer in good faith on discovery
related to the question of arbitrability after Defendants file their anticipated Motion to
Compel Arbitration, and if the Parties are unable to reach agreement, they shall promptly
submit the matter to the Court for resolution.
 Discovery as to non-arbitration related matters (including initial disclosures) is stayed
pending ruling on Defendants Motion to Compel Arbitration.
 All other case deadlines will be held in abeyance pending ruling on the anticipated
Motion to Compel Arbitration.
IT IS SO STIPULATED.
Dated: February 20, 2026 	ZWILLGEN PLLC
By: /s/ Michael Bleicher
Michael Bleicher (SBN 313892)
Michael.bleicher@zwillgen.com
Attorney for Defendants
FanDuel, Inc., FanDuel Limited,
and Flutter Entertainment PLC
Dated: February 20, 2026 	ALMEIDA LAW GROUP LLC
By: /s/ Wesley M. Griffith
Case 3:25-cv-10473-CRB Document 16 Filed 02/23/26 Page 3 of 5

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JOINT STIPULATION AND PROPOSED ORDER REGARDING CASE SCHEDULE
CASE NO. 3:25-cv-10473-CRB
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Wesley M. Griffith, SBN 286390
111 W. Ocean Blvd, Suite 426
Long Beach, CA 90802
Telephone: 310-896-5813
E-mail: wes@almeidalawgroup.com
Margot Cutter, SBN 306789
CUTTER LAW P.C.
401 Watt Avenue
Sacramento, CA 95864
Telephone: 916-290-9400
E-mail: mcutter@cutterlaw.com
F. Peter Silva II, SBN 348070
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue, NW, Suite 1010
Washington, DC 20006
E-mail: psilva@tzlegal.com
Counsel for Plaintiff and the Proposed Class
SIGNATURE ATTESTATION
I, Wesley M. Griffith, am the ECF User whose ID and password are being used to file
this document. In accordance with Civ. L.R. 5-1(i)(3), I attest that concurrence in the filing of
this document has been obtained from the other Signatories, which shall serve in lieu of their
signatures on the document.
Dated: February 20, 2026 	/s/ Wesley M. Griffith
Wesley M. Griffith (SBN 286390)
wes@almeidalawgroup.com
Counsel for Plaintiff and the Proposed Class
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JOINT STIPULATION AND PROPOSED ORDER REGARDING CASE SCHEDULE
CASE NO. 3:25-cv-10473-CRB
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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
 The Parties shall submit ADR certifications by March 12, 2026.
 If requested by Plaintiff, the Parties shall meet and confer in good faith on discovery
related to the question of arbitrability after Defendants file their anticipated Motion to
Compel Arbitration, and if the Parties are unable to reach agreement, they shall promptly
submit the matter to the Court for resolution.
 Discovery as to non-arbitration related matters (including initial disclosures) is stayed
pending ruling on Defendants Motion to Compel Arbitration.
 All other case deadlines will be held in abeyance pending ruling on the anticipated
Motion to Compel Arbitration.
Dated:
Honorable Charles R. Breyer
United States District Judge
February 23, 2026
Case 3:25-cv-10473-CRB Document 16 Filed 02/23/26 Page 5 of 5