Case: National Federation of the Blind of California v. Uber Technologies

3:14-cv-04086 | U.S. District Court for the Northern District of California

Filed Date: Sept. 9, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 9, 2014, the National Federation of the Blind (NFB), along with several of its members who had been discriminated against by Uber drivers because of their service animals, filed this lawsuit in the U.S District Court for the Northern District of California. They sued Uber under Title III of the Americans with Disabilities Act (42 U.S.C. §§ 12811 et seq.), the California Unruh Civil Rights Act (California Civil Code §§ 51 & 52), and the California Disabled Persons Act (California Ci…

On September 9, 2014, the National Federation of the Blind (NFB), along with several of its members who had been discriminated against by Uber drivers because of their service animals, filed this lawsuit in the U.S District Court for the Northern District of California. They sued Uber under Title III of the Americans with Disabilities Act (42 U.S.C. §§ 12811 et seq.), the California Unruh Civil Rights Act (California Civil Code §§ 51 & 52), and the California Disabled Persons Act (California Civil Code §§ 54-54.3). Represented by Disability Rights Advocates and private counsel, the plaintiffs sought injunctive and declaratory relief as well as damages for the named plaintiffs.

The plaintiffs accused Uber drivers of, among other things, refusing to provide service to people with service dogs, mistreating the dogs and their owners, unfairly giving them negative feedback scores, and charging inappropriate cancellation fees. They alleged that Uber’s response to complaints about driver behavior was opaque and insufficient: Uber generally failed to notify service dog owners of whether the company had investigated complaints, and denied responsibility for drivers’ behavior.

On October 22, 2014, Uber filed a motion to dismiss, claiming that the NFB and the named plaintiffs all lacked standing to sue under both state and federal law. Uber also argued that even if the plaintiffs had standing, Uber wasn’t a public accommodation and thus wasn’t covered by Title III of the ADA.

The United States Department of Justice issued a statement of interest on December 23, 2014. It asked the court to consider the Department of Transportation’s Title III regulations, which are granted considerable weight since the DOT is responsible for implementing the ADA. DOT regulations state that Title III applies to any “demand-responsive” service that doesn’t operate on a fixed route, and that private entities cannot “contract away” any responsibilities under the ADA. 49 C.F.R. § 37.3; 49 C.F.R. pt. 37, app. D § 37.23. The DOT regulations further require entities covered by Title III to permit service animals to accompany their owners into vehicles, and requires entities to apply eligibility criteria that don’t screen disabled people out, unless doing so would make it impossible to provide the service. 49 C.F.R. § 37.167(d); 42 U.S.C. § 12184(b)(1); 49 C.F.R. § 37.5(f). The regulations also require positive action on the part of private entities to make reasonable modifications in policies, practices, or procedures when necessary to avoid discrimination (except when those modifications would fundamentally alter the service), and to ensure that their personnel are trained to properly assist disabled individuals in a respectful and courteous way, with appropriate attention to the difference among individuals with disabilities. 42 U.S.C. § 12184(b)(2)(A); 49 C.F.R. § 37.173.

On April 17, 2015, the court denied Uber’s motion to dismiss. It found that even if not all Uber drivers discriminated against blind people with service animals, discrimination by some drivers was sufficient injury for the plaintiffs to bring suit. The court also found that the NFB could sue even if some of its members had signed binding arbitration agreements with Uber, because many of its members had not. The court didn’t directly respond to the DOJ’s statement of interest, finding instead that since there was a possibility that Uber was covered by the ADA and the California statutes, the parties should have the opportunity to litigate the question. 103 F. Supp. 3d 1073.

On December 6, 2016, the court approved a settlement agreement. Uber agreed to:

  • Require its drivers to provide service to blind people with service animals
  • Modify its cleaning fee policy for messes caused by service animals
  • Make it easier for service animal owners to file complaints
  • Implement enhanced procedures for investigating complaints
  • Dismiss drivers receiving multiple plausible complaints
  • Submit to third-party monitoring
  • Pay the NFB $75,000 per year for three years
  • Pay a lump sum of $45,000 for distribution among the named plaintiffs
  • Pay the plaintiffs’ attorneys’ fees and costs
Uber also agreed to a class certification for purposes of the settlement, extending to all blind people with service animals who had used, attempted to use, or been deterred from attempting to use transportation through the Uber app.

The settlement was to last for a default period of 3½ years. Retired Judge Margaret A. Nagle was appointed as a neutral monitor to oversee compliance. The monitor had authority to extend the agreement by 1½ years if Uber failed to substantially comply with the terms of the agreement in the second or third year. Any disputes related to the monitor would first be referred to an arbitrator, and if that failed, the court would exercise jurisdiction.

Two weeks following the approval of the settlement agreement, on December 15, 2016, the court awarded the plaintiffs $2,485,000 in attorneys’ fees and costs. Uber appealed this decision to the Ninth Circuit, which dismissed the appeal with prejudice on March 7, 2017.

On November 8, 2019, the court ordered Uber to pay the plaintiffs a total of $313,000 in attorneys’ fees and costs incurred in monitoring and enforcing the agreement.

On July 15, 2020, the court denied the plaintiffs’ motion to modify the settlement. As of July 20, 2020, the court’s jurisdiction over the settlement agreement is ongoing.

Summary Authors

Ryan Berry (5/24/2016)

Sichun Liu (3/17/2019)

Gregory Marsh (7/20/2020)

Related Cases

National Federation of the Blind v. Scribd, Inc., District of Vermont (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4181199/parties/national-federation-of-the-blind-of-california-v-uber-technologies-inc/


Judge(s)

Cousins, Nathanael M. (California)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Elder, Timothy R. (California)

Galvan, Ernest (California)

Marks, Julia Zoog (California)

Nunez, Michael S (California)

Paradis, Laurence W. (California)

Riess, Melissa (California)

Seaborn, Stuart (California)

Smith, Mary-Lee Kimber (California)

Judge(s)

Cousins, Nathanael M. (California)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Elder, Timothy R. (California)

Galvan, Ernest (California)

Marks, Julia Zoog (California)

Nunez, Michael S (California)

Paradis, Laurence W. (California)

Riess, Melissa (California)

Seaborn, Stuart (California)

Smith, Mary-Lee Kimber (California)

Trapani, Cara Elizabeth (California)

Attorneys(s) for Defendant

O'Connor, Emily E (New York)

Spurchise, Andrew M (New York)

Wang, Alice Hsiu-Wen (California)

Other Attorney(s)

Winslow, Sara (California)

Expert/Monitor/Master

Zisser, Aaron B. (California)

Documents in the Clearinghouse

Document

3:14-cv-04086

Docket [PACER]

National Federation of the Blind v. Uber Technologies

July 15, 2020

July 15, 2020

Docket
17

3:14-cv-04086

First Amended Complaint for Violations of The Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., The California UNRUH Civil Rights Act, CAL. CIV. CODE §§ 51 & 52, and The California Disabled Persons Act, CAL. CIV. CODE §§ 54-54.3

National Federation of the Blind of California v. Uber Technologies

Nov. 12, 2014

Nov. 12, 2014

Complaint
29

3:14-cv-04086

Statement of Interest of the United States of America

National Federation of the Blind of California v. Uber Technologies

Dec. 23, 2014

Dec. 23, 2014

Pleading / Motion / Brief
37

3:14-cv-04086

Order Denying Motion to Dismiss

103 F.Supp.3d 1073

April 17, 2015

April 17, 2015

Order/Opinion
1

3:14-cv-04086

Complaint for Violations of The Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., The California UNRUH Civil Rights Act, CAL. CIV. CODE §§ 51 & 52, and The California Disabled Persons Act, CAL. CIV. CODE §§ 54-54.3

National Federation of the Blind of California v. Uber Technologies

May 23, 2015

May 23, 2015

Complaint
84

3:14-cv-04086

Joint Motion For Preliminary Approval of Class Settlement and Related Motions

National Federation of the Blind of California v. Uber Technologies

April 29, 2016

April 29, 2016

Pleading / Motion / Brief
85-1

3:14-cv-04086

Settlement Agreement and Release [Proposed]

April 29, 2016

April 29, 2016

Settlement Agreement
93

3:14-cv-04086

Order Requesting Amicus United States of America to Respond to Settlement

National Federation of the Blind of California v. Uber Technologies, Inc.

May 9, 2016

May 9, 2016

Order/Opinion
112

3:14-cv-04086

Order Granting Motion to Amend Complaint and Approve Settlement

2016 WL 9000699

July 13, 2016

July 13, 2016

Order/Opinion
113

3:14-cv-04086

Amended Complaint

July 14, 2016

July 14, 2016

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4181199/national-federation-of-the-blind-of-california-v-uber-technologies-inc/

Last updated Aug. 8, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Uber Technologies, Inc. ( Filing fee $ 400, receipt number 0971-8906166.). Filed byNational Federation of the Blind of California, Michael Hingson. (Attachments: # 1 Civil Cover Sheet)(Nunez, Michael) (Filed on 9/9/2014) (Entered: 09/09/2014)

1 Civil Cover Sheet

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Sept. 9, 2014

Sept. 9, 2014

RECAP
2

Proposed Summons. (Nunez, Michael) (Filed on 9/9/2014) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

RECAP
3

Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ha, COURT STAFF) (Filed on 9/9/2014) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

PACER
4

Summons Issued as to Uber Technologies, Inc.. (dtmS, COURT STAFF) (Filed on 9/11/2014) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

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5

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (dtmS, COURT STAFF) (Filed on 9/11/2014) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

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6

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Michael Hingson, National Federation of the Blind of California.. (Nunez, Michael) (Filed on 9/23/2014) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

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7

CERTIFICATE OF SERVICE by Michael Hingson, National Federation of the Blind of California re 4 Summons Issued, 1 Complaint, 5 Initial Case Management Scheduling Order - ADA Case (Nunez, Michael) (Filed on 9/25/2014) (Entered: 09/25/2014)

Sept. 25, 2014

Sept. 25, 2014

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8

STIPULATION TO EXTEND TIME FOR DEFENDANT UBER TECHNOLOGIES, INC. TO FILE A RESPONSIVE PLEADING filed by Uber Technologies, Inc.. (O'Connor, Emily) (Filed on 10/9/2014) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

RECAP
9

MOTION to Dismiss filed by Uber Technologies, Inc.. Motion Hearing set for 12/3/2014 01:00 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. Responses due by 11/5/2014. Replies due by 11/12/2014. (Attachments: # 1 Declaration of Michael Colman in Support of Defendant Uber Technologies, Inc.'s Motion to Dismiss, # 2 Proposed Order Granting Defendant Uber Technologies, Inc.'s Motion to Dismiss)(Spurchise, Andrew) (Filed on 10/22/2014) (Entered: 10/22/2014)

1 Declaration of Michael Colman in Support of Defendant Uber Technologies, Inc.�

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2 Proposed Order Granting Defendant Uber Technologies, Inc.'s Motion to Dismi

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Oct. 22, 2014

Oct. 22, 2014

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10

Request for Judicial Notice re 9 MOTION to Dismiss filed byUber Technologies, Inc.. (Related document(s) 9 ) (Spurchise, Andrew) (Filed on 10/22/2014) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

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11

Certificate of Interested Entities by Uber Technologies, Inc. (Spurchise, Andrew) (Filed on 10/23/2014) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

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12

Statement Defendant Uber Technologies, Inc.'s Corporate Disclosure Statement by Uber Technologies, Inc.. (Spurchise, Andrew) (Filed on 10/23/2014) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

RECAP
13

CLERK'S NOTICE REGARDING Consent or Declination: Defendant must file a consent or declination to proceed before a magistrate judge by 10/30/2014. (Attachments: # 1 Consent/Declination) (lmh, COURT STAFF) (Filed on 10/24/2014) (Entered: 10/24/2014)

1 Consent/Declination

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Oct. 24, 2014

Oct. 24, 2014

RECAP
14

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Uber Technologies, Inc... (Spurchise, Andrew) (Filed on 10/24/2014) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

RECAP
15

STIPULATION WITH PROPOSED ORDER TO SET SCHEDULE FOR FILING OF PLAINTIFFS FIRST AMENDED COMPLAINT AND DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT filed by Michael Hingson, National Federation of the Blind of California. (Attachments: # 1 Declaration of Michael Nunez)(Nunez, Michael) (Filed on 11/3/2014) (Entered: 11/03/2014)

1 Declaration of Michael Nunez

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Nov. 3, 2014

Nov. 3, 2014

RECAP
16

ORDER GRANTING STIPULATION to set schedule for filing of Plaintiff's First Amended Complaint and Defendant's Motion to Dismiss 15 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/4/2014) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

RECAP
17

AMENDED COMPLAINT against All Defendants. Filed byNational Federation of the Blind of California, Michael Hingson, Michael S. Kelly, Michael M. Pedersen. (Nunez, Michael) (Filed on 11/12/2014) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

RECAP
18

Proposed Summons. (Nunez, Michael) (Filed on 11/12/2014) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

RECAP
19

Summons Issued as to Rasier, LLC, Rasier-CA, LLC. (dtmS, COURT STAFF) (Filed on 11/13/2014) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

RECAP
20

CERTIFICATE OF SERVICE by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen re 19 Summons Issued, 17 Amended Complaint for Rasier, LLC (Nunez, Michael) (Filed on 11/18/2014) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

RECAP
21

CERTIFICATE OF SERVICE by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen re 19 Summons Issued, 17 Amended Complaint for Rasier-CA, LLC (Nunez, Michael) (Filed on 11/18/2014) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

RECAP
22

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rasier, LLC, Rasier-CA, LLC.. (Spurchise, Andrew) (Filed on 12/3/2014) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

RECAP
23

Certificate of Interested Entities by Rasier, LLC, Rasier-CA, LLC (Spurchise, Andrew) (Filed on 12/3/2014) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

RECAP
24

Statement of Corporate Disclosure by Rasier, LLC, Rasier-CA, LLC. (Spurchise, Andrew) (Filed on 12/3/2014) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

RECAP
25

MOTION to Dismiss First Amended Complaint and/or for a More Definite Statement filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. Motion Hearing set for 2/5/2015 01:00 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. Responses due by 12/17/2014. Replies due by 12/24/2014. (Attachments: # 1 Declaration of Michael Colman, # 2 Request for Judicial Notice, # 3 Proposed Order)(Spurchise, Andrew) (Filed on 12/3/2014) (Entered: 12/03/2014)

1 Declaration of Michael Colman

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2 Request for Judicial Notice

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3 Proposed Order

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Dec. 3, 2014

Dec. 3, 2014

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26

STIPULATION WITH PROPOSED ORDER CHANGING INITIAL DISCLOSURE AND JOINT INSPECTION DEADLINES filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Spurchise, Andrew) (Filed on 12/12/2014) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

PACER
27

Order by Magistrate Judge Nathanael M. Cousins granting 26 Stipulation.(nclc2, COURT STAFF) (Filed on 12/12/2014) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

RECAP
28

RESPONSE (re 25 MOTION to Dismiss First Amended Complaint and/or for a More Definite Statement ) filed byMichael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Nunez, Michael) (Filed on 12/17/2014) (Entered: 12/17/2014)

Dec. 17, 2014

Dec. 17, 2014

RECAP
29

Statement of Interest by UNITED STATES OF AMERICA. (Winslow, Sara) (Filed on 12/23/2014) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

RECAP
30

REPLY (re 25 MOTION to Dismiss First Amended Complaint and/or for a More Definite Statement ) to Plaintiffs' Opposition filed byRasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Spurchise, Andrew) (Filed on 12/24/2014) (Entered: 12/24/2014)

Dec. 24, 2014

Dec. 24, 2014

RECAP
31

CLERK'S NOTICE CONTINUING Motion to Dismiss First Amended Complaint and/or for a More Definite Statement 25 . Hearing set for 2/11/2015 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. This is a text-only entry generated by the Court. There is no document associated with this notice. (lmh, COURT STAFF) (Filed on 1/20/2015) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

PACER
32

STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Order to Continue the Hearing on Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Attachments: # 1 Declaration of Michael Nunez)(Nunez, Michael) (Filed on 1/26/2015) (Entered: 01/26/2015)

1 Declaration of Michael Nunez

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Jan. 26, 2015

Jan. 26, 2015

PACER
33

ORDER GRANTING STIPULATION TO CONTINUE HEARING 32 . Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint 25 set for 3/3/2015 01:00 PM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 1/26/2015. (lmh, COURT STAFF) (Filed on 1/26/2015) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

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34

Letter from Michael Nunez Letter of Supplemental Authority. (Attachments: # 1 Exhibit)(Nunez, Michael) (Filed on 1/28/2015) (Entered: 01/28/2015)

1 Exhibit

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Jan. 28, 2015

Jan. 28, 2015

PACER
35

Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Hearing held on 3/3/2015 re Defendants' Motion to Dismiss First Amended Complaint and/or for More Definite Statement 25 . Court takes motion under submission. Plaintiffs' Attorneys Timothy Elder, Laurence Paradis, Michael Nunez. Defendants' Attorneys Andrew Spurchise, Emily O'Connor. (Court Reporter Katherine Sullivan) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 3/3/2015) (Entered: 03/04/2015)

March 3, 2015

March 3, 2015

PACER
36

NOTICE of Appearance by Julia Zoog Marks (Marks, Julia) (Filed on 3/18/2015) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
37

ORDER DENYING MOTION TO DISMISS Re: Dkt. No. 25 . Defendants have 14 days to answer the complaint. Case Management Conference set for 6/3/2015 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/17/2015) (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

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Set Hearing re Order 37 : Case Management Conference set for 6/3/2015 10:00 AM in Courtroom A, 15th Floor, San Francisco. Parties may participate by telephone by contacting the Courtroom Deputy in advance at 408.535.5343. (lmh, COURT STAFF) (Filed on 4/17/2015)

April 17, 2015

April 17, 2015

PACER
38

MOTION for leave to appear in Pro Hac Vice for attorney Aaron Zisser ( Filing fee $ 305, receipt number 0971-9458712.) filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Zisser, Aaron) (Filed on 4/21/2015) Modified text to add attorney's name on 4/22/2015 (srmS, COURT STAFF). (Entered: 04/21/2015)

April 21, 2015

April 21, 2015

PACER
39

ORDER DENYING PRO HAC VICE REQUEST OF AARON ZISSER, Re: Dkt. No. 38 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/27/2015) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER
40

Amended MOTION for leave to appear in Pro Hac Vice for attorney Aaron B. Zisser ( Filing fee $ 305, receipt number 0971-9458712.) Filing fee previously paid on 04/21/2015 filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Attachments: # 1 Declaration DECLARATION OF AARON B. ZISSER IN SUPPORT OF APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE)(Zisser, Aaron) (Filed on 4/28/2015) Modified text to add attorney's name on 4/29/2015 (srmS, COURT STAFF). (Entered: 04/28/2015)

1 Declaration DECLARATION OF AARON B. ZISSER IN SUPPORT OF APPLICATION FOR ADMISSI

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April 28, 2015

April 28, 2015

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41

ORDER GRANTING APPLICATION for Admission of Attorney Aaron B. Zisser Pro Hac Vice 40 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/29/2015) (Entered: 04/29/2015)

April 29, 2015

April 29, 2015

PACER
42

Defendants' ANSWER to Amended Complaint byRasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Spurchise, Andrew) (Filed on 5/1/2015) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

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43

NOTICE of Change of Address by Michael S Nunez (Nunez, Michael) (Filed on 5/4/2015) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

PACER
44

NOTICE of Appearance by Michael William Bien (Bien, Michael) (Filed on 5/4/2015) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

PACER
45

CLERK'S NOTICE RESETTING the Case Management Conference set for 6/3/2015 10:00 AM to be held in Courtroom 7, 4th Floor, San Jose, before Judge Nathanael Cousins. Counsel may participate by telephone and must provide contact numbers in their case management statement due 5/27/2015. (This is a text-only entry generated by the court. There is no document associated with this notice). (lmh, COURT STAFF) (Filed on 5/24/2015) (Entered: 05/24/2015)

May 24, 2015

May 24, 2015

PACER
46

STIPULATION WITH PROPOSED ORDER filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Attachments: # 1 Declaration)(Marks, Julia) (Filed on 5/27/2015) (Entered: 05/27/2015)

1 Declaration

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May 27, 2015

May 27, 2015

PACER
47

ORDER GRANTING STIPULATION TO SUBSTITUTE PRIVATE MEDIATION AND CONTINUE THE CASE MANAGEMENT CONFERENCE 46 . Case Management Conference set for 8/5/2015 10:00 AM in Courtroom D, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 5/27/2015. (lmh, COURT STAFF) (Filed on 5/27/2015) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

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48

NOTICE of Change In Counsel by Julia Zoog Marks (Marks, Julia) (Filed on 6/2/2015) (Entered: 06/02/2015)

June 2, 2015

June 2, 2015

PACER
49

Certificate of Interested Entities by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen (Marks, Julia) (Filed on 7/14/2015) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

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50

CASE MANAGEMENT STATEMENT filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Marks, Julia) (Filed on 7/29/2015) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

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51

SCHEDULING ORDER. The 8/5/2015 Case Management Conference is continued to 8/19/2015 10:00 AM in Courtroom D, 15th Floor, San Francisco. Updated CMC Statements due 8/12/2105. Signed by Judge Nathanael Cousins on 7/30/2015. (lmh, COURT STAFF) (Filed on 7/30/2015) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

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52

CASE MANAGEMENT STATEMENT Updated Joint Statement filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Marks, Julia) (Filed on 8/12/2015) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

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53

SCHEDULING ORDER: Case Management Conference set for 8/19/2015 is continued to 9/30/2015 10:00 AM in Courtroom 7, 4th Floor, San Jose. Parties may participate by telephone. Updated Case Management Statement due by 9/23/2015. Pretrial Conference set for 4/6/2016 02:00 PM in Courtroom D, 15th Floor, San Francisco. Jury Trial set for 4/18/2016 09:00 AM in Courtroom D, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 8/13/2015. (lmh, COURT STAFF) (Filed on 8/13/2015) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

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54

CASE MANAGEMENT STATEMENT filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Marks, Julia) (Filed on 9/23/2015) (Entered: 09/23/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER
55

NOTICE of Change of Address by Michael S Nunez (Nunez, Michael) (Filed on 9/24/2015) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER
56

SUPPLEMENTAL CASE SCHEDULING ORDER; RESETTING CMC FROM SEPTEMBER 30 TO NOVEMBER 4, re 53 . Signed by Judge Nathanael M. Cousins on 9/24/2015. **Further Case Management Conference set for 11/4/2015 at 10:00 AM in Courtroom D, 15th Floor, San Francisco. Updated CMC statement due 10/28/2015.** (sms, COURT STAFF) (Filed on 9/24/2015) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

RECAP
57

Docketed in Error; Please see document number 58 for correction. STIPULATION Updated Joint Case Management Statement filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Nunez, Michael) (Filed on 10/28/2015) Modified on 10/28/2015 (srnS, COURT STAFF). (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
58

JOINT CASE MANAGEMENT STATEMENT Updated - CORRECTION OF DOCKET # 5 7 filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Nunez, Michael) (Filed on 10/28/2015) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
59

CLERK'S NOTICE: The Court thanks the parties for their updated CMC statement. Seeing no disputed issues, the Court is inclined to vacate the Nov. 4 CMC and also to set a further CMC for Jan. 13, 2016, at 10:00 a.m., in San Jose Courtroom 7. Updated CMC statements due Jan. 6, 2016. Telephonic participation permitted upon request. If any party wishes to keep the Nov. 4 CMC on calendar, please notify opposing counsel and the Courtroom Deputy at 408.535.5343 by noon on Oct. 30. (This is a text-only entry generated by the court. There is no document associated with this notice.) (lmh, COURT STAFF) (Filed on 10/28/2015) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
60

CLERK'S NOTICE VACATING the Case Management Conference set for 11/4/2015 10:00 AM. (This is a text-only entry generated by the court. There is no document associated with this notice.) (lmh, COURT STAFF) (Filed on 11/2/2015) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

PACER
61

CLERK'S NOTICE SETTING Case Management Conference for 1/13/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Case Management Statement due by 1/6/2016. (This is a text-only entry generated by the court. There is no document associated with this notice.) (lmh, COURT STAFF) (Filed on 11/12/2015) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
62

STIPULATION WITH PROPOSED ORDER AND FRE 502(D) AND (E) CLAWBACK ORDER filed by Uber Technologies, Inc.. (O'Connor, Emily) (Filed on 11/19/2015) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
63

STIPULATED PROTECTIVE ORDER AND FRE 502(d) AND (e) CLAWBACK ORDER re: 62 . Signed by Judge Nathanael Cousins on 11/19/2015. (lmh, COURT STAFF) (Filed on 11/19/2015) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
64

STIPULATION WITH PROPOSED ORDER filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Attachments: # 1 Declaration)(Marks, Julia) (Filed on 12/15/2015) (Entered: 12/15/2015)

1 Declaration

View on PACER

Dec. 15, 2015

Dec. 15, 2015

PACER
65

ORDER GRANTING STIPULATION TO EXTEND DEADLINES 64 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/16/2015) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
66

JOINT CASE MANAGEMENT STATEMENT UPDATED filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Nunez, Michael) (Filed on 1/6/2016) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
67

MOTION to Appear by Telephone filed by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Spurchise, Andrew) (Filed on 1/12/2016) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
68

ORDER GRANTING Motion to Appear by Telephone filed by defendants 67 . Counsel must contact the Courtroom Deputy at 408.535.5343 to provide a direct dial number for this appearance. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 1/12/2016) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
69

Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Further Case Management Conference held on 1/13/2016; case schedule remains in place. Plaintiffs' Attorneys: Timothy Elder, Michael Nunez. Defendant's Attorney: Andrew Spurchise. (FTR Time 10:08am - 10:13am.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 1/13/2016) Modified on 2/13/2017: Matter transcribed by Kelly Polvi. (rjdS, COURT STAFF). (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
70

STIPULATION WITH PROPOSED ORDER to Vacate Deadlines and Dates filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Marks, Julia) (Filed on 1/22/2016) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

PACER
71

Order granting in part and denying in part 70 Stipulation entered by Magistrate Judge Nathanael M. Cousins. In light of the anticipated motion for preliminary approval of settlement, the Court VACATES the remaining case deadlines and RESETS the pretrial conference to June 1, 2016, at 2:00 p.m., in San Francisco, and the trial to June 13, 2016, at 9:00 a.m. in San Francisco. The motion for settlement approval must be filed by March 25, 2016. In addition, by February 29, 2016, the parties must file a joint status update. If a motion for settlement approval has not been filed by the deadline, then the Court will hold a case management conference on March 30, 2016, at 10:00 a.m. in San Jose. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

PACER

Set Deadlines/Hearings: Status Report due by 2/29/2016. Motion for settlement approval due by 3/25/2016. Pretrial Conference reset to 6/1/2016 02:00 PM. Jury Trial set for 6/13/2016 09:00 AM in Courtroom D, 15th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 1/22/2016)

Jan. 22, 2016

Jan. 22, 2016

PACER
72

STATUS REPORT by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Marks, Julia) (Filed on 2/26/2016) (Entered: 02/26/2016)

Feb. 26, 2016

Feb. 26, 2016

PACER
73

STIPULATION WITH PROPOSED ORDER to Extend the Deadline for Filing Motion for Approval of Settlement filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Attachments: # 1 Declaration J. Marks Declaration in Supp. of Stipulation to Extend Time)(Marks, Julia) (Filed on 3/24/2016) (Entered: 03/24/2016)

1 Declaration J. Marks Declaration in Supp. of Stipulation to Extend Time

View on PACER

March 24, 2016

March 24, 2016

PACER
74

Order granting 73 Stipulation entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 03/24/2016)

March 24, 2016

March 24, 2016

PACER

Reset Hearing re Order on Stipulation 74 : Further Case Management Conference set for 4/6/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. (lmh, COURT STAFF) (Filed on 3/24/2016)

March 24, 2016

March 24, 2016

PACER
75

CLERK'S NOTICE: Parties to file a joint case management statement by 4/5/2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/4/2016) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

PACER
76

MOTION to Appear by Telephone filed by Uber Technologies, Inc.. (O'Connor, Emily) (Filed on 4/4/2016) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

PACER
77

ORDER GRANTING Motion to Appear by Telephone filed by Uber Technologies, Inc. 76 . Counsel must contact the Courtroom Deputy at 408.535.5343 to provide a direct dial number for this appearance and be available beginning at 10:00 a.m. until called by the Court. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/4/2016) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

PACER
78

CASE MANAGEMENT STATEMENT filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Marks, Julia) (Filed on 4/5/2016) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
79

Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 4/6/2016: Parties to file motion for preliminary approval of the settlement by 4/13/2016; If no motion is filed, a telephonic case management conference will be held on 4/20/2016 10:00 AM. Plaintiffs' Attorney: Timothy Elder. Defendants' Attorney: Andrew Spurchise. (FTR Time 10:24am - 10:31am.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 4/6/2016) Modified on 2/13/2017: Matter transcribed by Kelly Polvi. (rjdS, COURT STAFF). (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER
80

Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 4/20/2016: Parties to file motion for preliminary approval of the settlement by 4/27/2016; If no motion is filed, parties are to submit by 4/29, a joint filing of their proposal for discovery, pretrial deadlines and trial, and include any disputed discovery issues. Further Telephonic Case Management Conference set for 5/4/2016 10:00 AM. Plaintiffs' Attorneys: Michael Nunez, Tim Elder. Defendant's Attorney Emily O'Connor. (FTR Time 10:07am - 10:21am.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 4/20/2016). Modified on 2/13/2017: Matter transcribed by Kelly Polvi. (rjdS, COURT STAFF). (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
81

Joint ADMINISTRATIVE MOTION, Stipulation, and Propoosed Order to Exceed Page Limitations for the Parties' Joint Motion for Preliminary Approval of Class Settlement filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. Responses due by 5/3/2016. (Nunez, Michael) (Filed on 4/29/2016) Modified on 5/2/2016 (srnS, COURT STAFF). (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
82

Order granting 81 Administrative Motion to Exceed page limit entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
83

STIPULATION WITH PROPOSED ORDER TO VACATE DEADLINES filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Marks, Julia) (Filed on 4/29/2016) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
84

Joint MOTION for Settlement filed by Michael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. Motion Hearing set for 6/8/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 5/13/2016. Replies due by 5/20/2016. (Nunez, Michael) (Filed on 4/29/2016) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

RECAP
85

Declaration of Laurence Paradis in Support of 84 Joint MOTION for Settlement filed byMichael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Related document(s) 84 ) (Nunez, Michael) (Filed on 4/29/2016) (Entered: 04/29/2016)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

April 29, 2016

April 29, 2016

PACER
86

Declaration of Mark Riccobono in Support of 84 Joint MOTION for Settlement filed byMichael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Related document(s) 84 ) (Nunez, Michael) (Filed on 4/29/2016) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
87

Declaration of Mary Willows in Support of 84 Joint MOTION for Settlement filed byMichael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Related document(s) 84 ) (Nunez, Michael) (Filed on 4/29/2016) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
88

Declaration of Michael Hingson in Support of 84 Joint MOTION for Settlement filed byMichael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Related document(s) 84 ) (Nunez, Michael) (Filed on 4/29/2016) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
89

Declaration of Michael Pedersen in Support of 84 Joint MOTION for Settlement filed byMichael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Related document(s) 84 ) (Nunez, Michael) (Filed on 4/29/2016) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
90

Declaration of Michael Kelly in Support of 84 Joint MOTION for Settlement filed byMichael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Related document(s) 84 ) (Nunez, Michael) (Filed on 4/29/2016) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
91

Order granting 83 Stipulation entered by Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
92

CLERK'S NOTICE VACATING the Case Management Conference set for 5/4/2016. Joint Motion for Preliminary Approval for Class Settlement 84 is rescheduled to 6/15/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/3/2016) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

PACER
93

ORDER REQUESTING AMICUS UNITED STATES OF AMERICA TO RESPOND TO SETTLEMENT. Signed by Judge Nathanael Cousins on 5/9/2016. (lmh, COURT STAFF) (Filed on 5/9/2016) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

RECAP
94

CLERK'S NOTICE CONTINUING MOTION HEARING. Joint Motion for Settlement 84 set for 6/16/2016 01:00 PM in Courtroom 15, 18th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/11/2016) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
95

Declaration of Laurence Paradis filed byMichael Hingson, Michael Kelly, National Federation of the Blind of California, Michael Pedersen. (Attachments: # 1 Exhibit 1)(Marks, Julia) (Filed on 5/23/2016) (Entered: 05/23/2016)

1 Exhibit 1

View on PACER

May 23, 2016

May 23, 2016

PACER
96

NOTICE by Rasier, LLC, Rasier-CA, LLC, Uber Technologies, Inc. REQUEST FOR TELEPHONIC APPEARANCE AT PRELIMINARY APPROVAL HEARING (O'Connor, Emily) (Filed on 6/2/2016) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
97

COMMENTS OF THE UNITED STATES OF AMERICA ON THE PROPOSED SETTLEMENT AGREEMENT by UNITED STATES OF AMERICA. (Winslow, Sara) (Filed on 6/7/2016) Modified on 6/8/2016 (bwS, COURT STAFF). (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER

Case Details

State / Territory: California

Case Type(s):

Public Accommodations/Contracting

Special Collection(s):

DOJ Civil Rights Division Statements of Interest

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 9, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All blind or visually disabled individuals nationwide who travel with the assistance of Service Animals and who have used, attempted to use, or been deterred from attempting to use transportation arranged through the Uber Rider App.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Uber Technologies, Inc. (San Francisco, San Francisco), Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2,755,071

Order Duration: 2016 - 2020

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Reasonable Accommodation

Recordkeeping

Reporting

Required disclosure

Issues

General:

Access to public accommodations - privately owned

Disparate Impact

Disparate Treatment

Failure to discipline

Failure to supervise

Failure to train

Reasonable Accommodations

Reasonable Modifications

Transportation

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment