Criswell v. FanDuel, Inc. et al

JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND COMPLAINT AND SET BRIEFING SCHEDULE
CASE NO. 3:25-cv-10473-CRB
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Michael Bleicher (SBN 313892)
ZWILLGEN PLLC
1900 M Street NW, Suite 250
Washington, D.C. 20036
Telephone: (202) 706-5251
Facsimile: (202) 706-5298
Michael.bleicher@zwillgen.com
Attorney for Defendants
FanDuel, Inc., FanDuel Limited,
and Flutter Entertainment PLC
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 TO AMEND
COMPLAINT AND SET BRIEFING
SCHEDULE
Hon. Charles R. Breyer
MODIFIED
Case 3:25-cv-10473-CRB Document 14 Filed 02/04/26 Page 1 of 5

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JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND COMPLAINT AND SET BRIEFING SCHEDULE
CASE NO. 3:25-cv-10473-CRB
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Pursuant to Local Rules 6-1(a), 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, Defendants’ current deadline to answer, move, or otherwise respond to the
Complaint is February 10, 2026;
WHEREAS, the Parties have met and conferred, and Plaintiff intends to amend his
complaint;
WHEREAS, counsel for the Parties stipulate that Plaintiff will file an Amended
Complaint by February 26, 2026;
WHEREAS, the Parties agree and jointly stipulate to the following briefing schedule on
Defendants’ anticipated Motion to Compel Arbitration as follows:
• 	Defendants shall file their Motion to Compel Arbitration on April 6, 2026
• 	Plaintiff shall file his brief in opposition on May 8, 2026
• 	Defendants shall file their Reply brief on May 22, 2026
• 	Defendants shall notice the hearing on their Motion to Compel Arbitration for
June 5, 2026
WHEREAS, the Parties agree and stipulate that Defendants will file and litigate its
Motion to Compel Arbitration before filing any Motion to Dismiss or other responsive pleading;
consistent with the Court’s position during the August 22, 2025 status hearing in Beltran v.
FanDuel, Inc., No. 3:25-cv-05586-CRB.
WHEREAS, the Parties agree and stipulate that litigating the Motion to Compel
Arbitration and Motion to Dismiss serially shall not constitute a waiver by any party of any
arguments, defenses, claims, and/or rights that would not have been waived had the motions
been filed and opposed simultaneously;
WHEREAS, this stipulation is submitted in good faith and not for any purposes of delay;
Case 3:25-cv-10473-CRB Document 14 Filed 02/04/26 Page 2 of 5

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JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND COMPLAINT AND SET BRIEFING SCHEDULE
CASE NO. 3:25-cv-10473-CRB
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WHEREAS, the Parties have not requested any prior extensions and this stipulated
briefing schedule will not alter the date of any event or deadline already fixed by Court order;
WHEREAS, the Parties believe that good cause exists for this modified briefing
schedule. The schedule will provide counsel with adequate time to investigate and analyze the
allegations in the anticipated amended complaint and to work with Defendants to prepare an
appropriate response;
NOW, THEREFORE, THE PARTIES STIPULATE AND REQUEST, through their
respective counsel, and subject to the Court’s approval, that Plaintiff will file his Amended
Complaint on February 26, 2026, Defendants will file their Motion to Compel Arbitration on
April 6, 2026, Plaintiff will file his brief in opposition on May 8, 2026, Defendants will file their
Reply brief on May 22, 2026, and a hearing on Defendants’ Motion to Compel Arbitration will
be on June 5, 2026.
IT IS SO STIPULATED.
Dated: February 4, 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 4, 2026 	ALMEIDA LAW GROUP LLC
By: /s/ 	Wesley M. Griffith
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
Case 3:25-cv-10473-CRB Document 14 Filed 02/04/26 Page 3 of 5

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JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND COMPLAINT AND SET BRIEFING SCHEDULE
CASE NO. 3:25-cv-10473-CRB
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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, D.C. 20006
E-mail: psilva@tzlegal.com
Counsel for Plaintiff and the Proposed Class
SIGNATURE ATTESTATION
I, Michael Bliecher, 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 4, 2026 	/s/ 	Michael Bleicher
Michael Bleicher (SBN 313892)
Michael.bleicher@zwillgen.com
Attorney for Defendants
FanDuel, Inc., FanDuel Limited,
and Flutter Entertainment PLC
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JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND COMPLAINT AND SET BRIEFING SCHEDULE
CASE NO. 3:25-cv-10473-CRB
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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
1. 	Plaintiff will file an Amended Complaint on February 26, 2026;
2. 	Defendants shall file their Motion to Compel Arbitration on April 6, 2026;
3. 	Plaintiff shall file his brief in opposition on May 8, 2026;
4. 	Defendants shall file their Reply brief on May 22, 2026;
5. 	The hearing on Defendants’ Motion to Compel Arbitration shall be on June 5,
2026; and
6. 	Defendants’ filing and litigation of its Motion to Compel Arbitration before filing
any motion to dismiss shall not constitute a waiver of any arguments, defenses, or
rights that would not have been waived had the motions been filed
simultaneously.
Dated:
Honorable Charles R. Breyer
United States District Judge
June 12, 2026 at 10:00 a.m.
February 4, 2026
Case 3:25-cv-10473-CRB Document 14 Filed 02/04/26 Page 5 of 5