Case: O'Hanlon v. Uber

2:19-cv-00675 | U.S. District Court for the Western District of Pennsylvania

Filed Date: June 11, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 11, 2019, four individuals with mobility disabilities filed this class-action lawsuit against Uber Technologies, Inc. and two of its subsidiaries in the U.S. District Court for the Western District of Pennsylvania. Represented by Disability Rights Advocates and private counsel, the plaintiffs alleged that Uber discriminated against individuals with mobility disabilities by failing to provide wheelchair accessible vehicles ("WAVs") in violation of the Americans with Disabilities Act. The…

On June 11, 2019, four individuals with mobility disabilities filed this class-action lawsuit against Uber Technologies, Inc. and two of its subsidiaries in the U.S. District Court for the Western District of Pennsylvania. Represented by Disability Rights Advocates and private counsel, the plaintiffs alleged that Uber discriminated against individuals with mobility disabilities by failing to provide wheelchair accessible vehicles ("WAVs") in violation of the Americans with Disabilities Act. The complaint sought declaratory and injunction relief, in addition to attorneys' fees and costs. The case was originally assigned to Judge David S. Cercone, but was reassigned to Magistrate Judge Lisa Lenihan on June 13, 2019. Both parties consented to continue under a magistrate judge.

The complaint defined the putative class as:

All individuals with mobility disabilities who need wheelchair accessible vehicles and who have been and continue to be deterred from using Uber’s on-demand transportation service in Allegheny County due to Uber’s discriminatory acts and practices. Excluded from the Class is any individual who has previously utilized Uber and/or has downloaded the Uber application, and Uber’s officers and employees.

The plaintiffs filed an amended complaint on July 12, 2019, adding Pittsburghers for Public Transit ("PPT") as a named plaintiff. PPT is a grassroots non-profit organization of transit riders, workers, and residents who defend and expand public transit—including for those with physical disabilities. PPT alleged that Uber's  challenged discrimination practices imposed economic harms on its organization.

Uber filed a motion to compel arbitration on August 23, 2019. On November 12, the court denied the motion for the following two reasons. 2019 WL 589542. First, despite Uber's arguments to the contrary, the arbitration clause in Uber's service contract did not govern ADA claims brought by individuals who never downloaded the app, like plaintiffs. Uber had claimed that plaintiffs were bound by their service contract—despite never downloading the app—because their complaint relied on the contract's terms. The court disagreed: the case asserted rights created by the ADA and Uber's conduct would be judged by the statute's provisions. Second, Uber claimed that their service agreement governed this dispute because plaintiffs embraced its terms to establish standing. In other words, plaintiffs sought to be treated as Uber riders for intents and purposes of this lawsuit. But, as the court explained, plaintiffs are not required to make futile gestures to achieve standing. Deterrence-based injuries, like those alleged by plaintiffs, are cognizable under Article III.

Uber filed an interlocutory appeal following the court's refusal to compel arbitration, and the Third Circuit affirmed. 990 F.3d 757. Beyond pressing the appellate court to compel arbitration in this case, Uber argued that the appellate court must—or at least should—decide whether plaintiffs had standing to sue. The Third Circuit disagreed on both counts. As to standing, the court explained that it was not required to address standing and that such a requirement would explode the appellate docket. And because the facts of standing (a non-appealable issue) were not intertwined with the arbitration (an appealable issue), the court lacked pendant jurisdiction to review standing. Finally, the Third Circuit affirmed the district court's decision denying Uber's request to compel arbitration and adopted its reasoning for doing so. 

Prior to the Third Circuit hearing, Uber had moved for dismissal in the district court for failure to state a claim. The district court took up the motion on June 14, 2021 and denied Uber's request. 2021 WL 2415073. Uber requested dismissal on the following grounds: 

  • (1) plaintiffs lacked a private right of action under the ADA by only alleging impending discrimination, but not any violation of Section 12183;
  • (2) plaintiffs failed to state a claim under Section 12182 because Uber did not operate a “place of public accommodation”;
  • (3) plaintiffs fail to state a claim under Section 12184, because that section did not require covered entities to provide WAVs;
  • (4) PPT lacked organizational or associational standing; and
  • (5) plaintiffs’ claim for declaratory relief should be dismissed as “superfluous”.

The district court rejected each of these claims in turn. First, the court construed Uber's first argument (regarding a cause of action in the ADA) as a recycled version of the standing argument the district court already rejected in their motion to compel arbitration. Second, whether plaintiffs stated a claim under Section 12182 depended on whether the app constituted a physical space as defined by the ADA. The court held that the app, at least for pleading standards, did constitute a physical space under the ADA, stating that the majority of courts endorsed this view. Uber's third argument posed a similar statutory interpretation question: whether Uber was a "public transportation" service under Section 12184 or merely a software provider to independent drivers. In other words, Uber argued that it was not a covered entity under Section 12184. The court held that it was. Section 12184's mandate was broad and Uber's reading of it too narrow. Fourth, the court summarily concluded that PPT did have organizational standing and a corresponding cause of action under the ADA, contrary to Uber's arguments. Finally, the declined to dismiss plaintiffs claim for declaratory relief, describing Uber's request as premature without the benefit of discovery.

The parties entered mediation in September, but were unsuccessful. Mediation was official terminated almost a month later.

On November 3, plaintiffs stipulated to the dismissal without prejudice of all class allegations as well as the individual allegations of one of the defendants. Plaintiffs' reasons for their stipulated dismissal are not yet clear.

This case is on-going as of May 4, 2022. 

Summary Authors

Rachel Kreager (4/14/2021)

Jordan Katz (5/4/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15770304/parties/ohanlon-v-uber-technologies-inc/


Judge(s)

Krause, Cheryl Ann (Pennsylvania)

Lenihan, Lisa Pupo (Pennsylvania)

Attorneys(s) for Plaintiff

Carlson, R. Bruce (Pennsylvania)

Fox, Bryan A (Pennsylvania)

Iorio, Michelle B (California)

Iverson, Kelly K (Pennsylvania)

Riess, Melissa (California)

Seaborn, Stuart (California)

Tucker, Kevin W (Pennsylvania)

Attorneys(s) for Defendant

Estevez, Anne Marie (Florida)

Judge(s)

Krause, Cheryl Ann (Pennsylvania)

Lenihan, Lisa Pupo (Pennsylvania)

Attorneys(s) for Plaintiff

Carlson, R. Bruce (Pennsylvania)

Fox, Bryan A (Pennsylvania)

Iorio, Michelle B (California)

Iverson, Kelly K (Pennsylvania)

Riess, Melissa (California)

Seaborn, Stuart (California)

Tucker, Kevin W (Pennsylvania)

Attorneys(s) for Defendant

Estevez, Anne Marie (Florida)

Harvey, Patrick (District of Columbia)

Ramsey, Christopher K. (Pennsylvania)

Schuster, Stephanie (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

O'Hanlon v. Uber Technologies

April 14, 2021 Docket
39

Memorandum Opinion on Defendants' Motion to Compel Arbitration

O'Hanlon v. Uber Technologies

2019 WL 5895425

April 12, 2019 Order/Opinion
1

Class Action Complaint for Injunctive and Declaratory Relief for Violations of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq.

O'Hanlon v. Uber Technologies

June 11, 2019 Complaint
10

First Amended Complaint for Injunctive and Declaratory Relief for Violations of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq.

O'Hanlon v. Uber Technologies

July 12, 2019 Complaint
52

Opinion of the Court

O'Hanlon v. Uber Technologies

U. S. Court of Appeals for the Third Circuit

990 F.3d 757

July 2, 2020 Order/Opinion
57

Memorandum Opinion on Defendants' Motion to Dismiss

O'Hanlon v. Uber Technologies, Inc.

2021 WL 2415073

June 14, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15770304/ohanlon-v-uber-technologies-inc/

Last updated May 16, 2022, 8 p.m.

ECF Number Description Date Link
2

Summons Issued as to RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC. (Attachments: # 1 Summons Rasier-CA, LLC, # 2 Summons Uber) (ept) (Entered: 06/11/2019)

June 11, 2019 PACER
1

COMPLAINT against RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC. (Filing fee, including Administrative fee, $400, receipt number 0315-5167604), filed by PAUL O'HANLON, JONATHAN ROBISON, IRMA ALLEN, GAYLE LEWANDOWSKI. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Rasier, LLC, # 3 Summons Raiser-CA, LLC, # 4 Summons Uber) (ept) (Entered: 06/11/2019)

1 Civil Cover Sheet

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2 Summons Rasier, LLC

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3 Summons Raiser-CA, LLC

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4 Summons Uber

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June 11, 2019 RECAP

Magistrate Judge Lisa Pupo Lenihan presiding. (nll)

June 13, 2019 PACER
4

ORDER REASSIGNING CASE. The Clerk is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 6/13/19. (njt) (Entered: 06/13/2019)

June 13, 2019 PACER
3

SUMMONS/Return of Service Returned Executed by PAUL O'HANLON, JONATHAN ROBISON, IRMA ALLEN, GAYLE LEWANDOWSKI. RASIER, LLC served on 6/12/2019, answer due 7/3/2019; RASIER-CA, LLC served on 6/12/2019, answer due 7/3/2019; UBER TECHNOLOGIES, INC. served on 6/12/2019, answer due 7/3/2019. (Attachments: # 1 Proof of Service, # 2 Proof of Service) (Carlson, R.) (Entered: 06/13/2019)

June 13, 2019 PACER
7

MOTION for attorney Stephanie Schuster to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5183693) by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Exhibit Certificates of Good Standing for S. Schuster) (Schuster, Stephanie) (Entered: 06/21/2019)

June 21, 2019 PACER
6

Stipulation for Extension of Time to Answer by RASIER-CA, LLC, UBER TECHNOLOGIES, INC., RASIER, LLC Answer due from All Defendants. (Ramsey, Christopher) (Entered: 06/21/2019)

June 21, 2019 PACER
5

NOTICE of Appearance by Christopher K. Ramsey on behalf of RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Ramsey, Christopher) (Entered: 06/21/2019)

June 21, 2019 PACER

Order on Motion to Appear Pro Hac Vice

June 24, 2019 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 5 Notice of Appearance. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 7/1/2019. (ept)

June 24, 2019 PACER
8

ORDER GRANTING the 7 Motion for Stephanie Schuster to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 06/24/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 06/24/2019)

June 24, 2019 PACER
9

Disclosure Statement identifying None as corporate parent or other affiliate, by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC. (Schuster, Stephanie) (Entered: 07/01/2019)

July 1, 2019 PACER
14

MOTION for attorney Stuart Seaborn to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5209087) by IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Seaborn, Stuart) (Entered: 07/12/2019)

July 12, 2019 PACER
13

MOTION for attorney Michelle Iorio to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5209009) by IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Iorio, Michelle) (Entered: 07/12/2019)

July 12, 2019 PACER
12

Summons Issued as to RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC. (jm) (Entered: 07/12/2019)

July 12, 2019 PACER
11

NOTICE of Appearance by Kelly K. Iverson on behalf of IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Iverson, Kelly) (Entered: 07/12/2019)

July 12, 2019 PACER
10

First AMENDED COMPLAINT against RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC., filed by JONATHAN ROBISON, IRMA ALLEN, PAUL O'HANLON, GAYLE LEWANDOWSKI, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons) (Carlson, R.) (Entered: 07/12/2019)

1 Summons

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2 Summons

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3 Summons

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July 12, 2019 RECAP
16

ORDER GRANTING the 14 Motion for Stuart Seaborn to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/15/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 07/15/2019)

July 15, 2019 PACER

Order on Motion to Appear Pro Hac Vice

July 15, 2019 PACER
15

ORDER GRANTING the 13 Motion for Michelle Iorio to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/15/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 07/15/2019)

July 15, 2019 PACER
17

MOTION for attorney Patrick A. Harvey to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5213866) by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Attachments: # 1 Proposed Order, # 2 Affidavit of P. Harvey, # 3 Exhibit Certificate of Good Standing of P. Harvey) (Harvey, Patrick) (Entered: 07/17/2019)

July 17, 2019 PACER
18

SUMMONS/Return of Service Returned Executed by JONATHAN ROBISON, IRMA ALLEN, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., GAYLE LEWANDOWSKI. RASIER, LLC served on 7/18/2019, answer due 8/8/2019; RASIER-CA, LLC served on 7/18/2019, answer due 8/8/2019; UBER TECHNOLOGIES, INC. served on 7/18/2019, answer due 8/8/2019. (Attachments: # 1 Proof of Service, # 2 Proof of Service) (Iverson, Kelly) (Entered: 07/18/2019)

July 18, 2019 PACER
19

ORDER GRANTING the 17 Motion for Patrick A. Harvey to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/19/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 07/19/2019)

July 19, 2019 PACER

Order on Motion to Appear Pro Hac Vice

July 19, 2019 PACER
20

Unopposed MOTION for Extension of Time to File Answer re 10 Amended Complaint, filed by IRMA ALLEN, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., PAUL O'HANLON, GAYLE LEWANDOWSKI, JONATHAN ROBISON by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Attachments: # 1 Proposed Order) (Ramsey, Christopher) (Entered: 07/23/2019)

July 23, 2019 PACER
21

ORDER granting 20 Motion for Extension of Time to Answer re 10 Amended Complaint, All Defendants. Answer deadline August 23, 2019. Signed by Magistrate Judge Lisa Pupo Lenihan on 7/24/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa) (Entered: 07/24/2019)

July 24, 2019 PACER

Order on Motion for Extension of Time to File Answer

July 24, 2019 PACER
23

ORDER that because this case has been assigned to a Magistrate Judge, each party must execute and file the form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have this case assigned to a District Judge, no later than September 12, 2019. The applicable form is available on the Courts website at www.pawd.uscourts.gov in the forms section. THE EVENT USED FOR DOCKETING THIS FORM IS FOUND UNDER OTHER DOCUMENTS, CALLED CONSENT TO TRIAL BY MAGISTRATE JUDGE OR DISTRICT JUDGE. If the parties elect to have the case randomly assigned to a District Judge, Magistrate Judge Lisa Pupo Lenihan will continue to manage the case as provided for in Local Rule 72G. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/22/2019. (Attachments: # 1 Exhibit Consent Form) (jmb) (Entered: 08/22/2019)

Aug. 22, 2019 PACER
22

ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, as more fully stated in said order. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/22/2019. (jmb) (Entered: 08/22/2019)

Aug. 22, 2019 PACER
25

BRIEF in Support re 24 Motion to Compel, filed by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC. (ept) (Entered: 08/26/2019)

Aug. 23, 2019 PACER
24

MOTION to Compel Arbitration by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Compel Arbitration, # 2 Declaration of Rosemary Barajas, # 3 Proposed Order) (Schuster, Stephanie) Attachment #1 removed from public view and redocketed at 25 . Modified text on 8/26/2019. (ept) (Entered: 08/23/2019)

Aug. 23, 2019 PACER
27

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Carlson, R.) (Entered: 08/26/2019)

Aug. 26, 2019 PACER
26

Errata re 24 Motion to Compel, by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. Reason for Correction: Signature on document and filer did not match. (Attachments: # 1 Proposed Order) (Schuster, Stephanie) (Entered: 08/26/2019)

Aug. 26, 2019 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 24 Motion to Compel. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support of Motion. This message is for informational purposes only. (ept)

Aug. 26, 2019 PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 24 Motion to Compel. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (ept)

Aug. 26, 2019 PACER
28

Unopposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Compel Arbitration by IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Attachments: # 1 Proposed Order) (Carlson, R.) (Entered: 08/27/2019)

Aug. 27, 2019 PACER
29

ORDER GRANTING 28 Plaintiffs' Unopposed Motion for Extension of Time to File Response to Defendants' Motion to Compel Arbitration. Plaintiffs shall file a response no later than September 30, 2019. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/28/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 08/28/2019)

Aug. 28, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply

Aug. 28, 2019 PACER
31

ORDER GRANTING the 30 Motion for Anne Marie Estevez to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/03/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/03/2019)

Sept. 3, 2019 PACER

Order on Motion to Appear Pro Hac Vice

Sept. 3, 2019 PACER
30

MOTION for attorney Anne Marie Estevez to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5270216) by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Attachments: # 1 Proposed Order, # 2 Affidavit of A.M. Estevez, # 3 Exhibit Certificate of Good Standing of A.M. Estevez) (Estevez, Anne Marie) (Entered: 09/03/2019)

Sept. 3, 2019 PACER
32

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Schuster, Stephanie) (Entered: 09/12/2019)

Sept. 12, 2019 PACER
33

MOTION for attorney Melissa Riess to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5286779) by IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Attachments: # 1 Affidavit of Melissa Riess in Support of Motion for Admission Pro Hac Vice, # 2 Proposed Order Granting Motion for Admission Pro Hac Vice of Melissa Riess) (Riess, Melissa) (Entered: 09/17/2019)

Sept. 17, 2019 PACER
34

ORDER GRANTING the 33 Motion for Melissa Riess to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/23/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/23/2019)

Sept. 23, 2019 PACER

Order on Motion to Appear Pro Hac Vice

Sept. 23, 2019 PACER
35

RESPONSE IN OPPOSITION to Motion to Compel Arbitration to 24 Motion to Compel, filed by IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Carlson, R.) (Entered: 09/30/2019)

Sept. 30, 2019 PACER
38

REPLY to 35 Response in Opposition, 24 Motion to Compel filed by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC. (Schuster, Stephanie) (Entered: 10/15/2019)

Oct. 15, 2019 PACER

Order on Motion for Leave to File

Oct. 15, 2019 PACER
37

ORDER GRANTING 36 Defendants' Motion for Leave to File a Reply in Further Support of their Motion to Compel Arbitration. Defendants are granted leave to file their Reply in Further Support of their Motion to Compel Arbitration appended to the motion no later than October 30, 2019. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/15/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 10/15/2019)

Oct. 15, 2019 PACER
36

MOTION for Leave to File Reply Brief in Further Support of Defendants' Motion to Compel Arbitration by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Attachments: # 1 Exhibit Reply Brief, # 2 Proposed Order) (Schuster, Stephanie) (Entered: 10/15/2019)

Oct. 15, 2019 PACER
40

ORDER that the August 23, 2019 Motion to Compel Arbitration filed by Defendants Uber Technologies, Inc.; Rasier, LLC; and Rasier-CA, LLC (collectively Uber), ECF No. 24, is DENIED. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/12/2019. (jmb) (Entered: 11/12/2019)

Nov. 12, 2019 PACER
39

MEMORANDUM OPINION that the 24 August 23, 2019 Motion to Compel Arbitration filed by Defendants Uber Technologies, Inc.; Rasier, LLC; and Rasier-CA, LLC (collectively 'Uber') be denied. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/12/2019. (jmb) (Entered: 11/12/2019)

Nov. 12, 2019 RECAP
42

ORDER GRANTING the 41 Consent Motion to Extend Defendants' Deadline to Respond to the First Amended Complaint. Defendants shall file any response to Plaintiffs' First Amended Complaint by no later than December 19, 2019. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/15/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 11/15/2019)

Nov. 15, 2019 PACER

Order on Motion for Extension of Time to File Answer

Nov. 15, 2019 PACER
41

Consent MOTION for Extension of Time to File Answer re 10 Amended Complaint, filed by IRMA ALLEN, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., PAUL O'HANLON, GAYLE LEWANDOWSKI, JONATHAN ROBISON by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC. (Attachments: # 1 Proposed Order) (Schuster, Stephanie) (Entered: 11/15/2019)

Nov. 15, 2019 PACER
43

NOTICE OF APPEAL (Interlocutory) as to 40 Order on Motion to Compel by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. Filing fee $ 505, receipt number 0315-5393555. Certificate of Appealability N/A. Court Reporter N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will not be mailed to the parties. The form is available on the Court's internet site. (Schuster, Stephanie) (Entered: 12/12/2019)

Dec. 12, 2019 PACER
44

USCA Case Number 19-3891 for 43 Notice of Interlocutory Appeal filed by RASIER, LLC, UBER TECHNOLOGIES, INC., RASIER-CA, LLC. USCA Case Manager Kirsi (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (kr3) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
46

BRIEF in Support re 45 Motion to Dismiss for Failure to State a Claim filed by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Attachments: # 1 Appendix) (Schuster, Stephanie) (Entered: 12/19/2019)

Dec. 19, 2019 PACER
45

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Attachments: # 1 Proposed Order) (Schuster, Stephanie) Modified on 4/14/2021 to move the motion to pending status (jmb). (Entered: 12/19/2019)

Dec. 19, 2019 PACER
47

STIPULATION to Extend Deadline to Respond to Defendants' Motion to Dismiss by IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Carlson, R.) (Entered: 01/07/2020)

Jan. 7, 2020 PACER
49

TRANSCRIPT REQUEST re 43 Notice of Interlocutory Appeal, by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC. indicating that no transcript is being ordered. (Schuster, Stephanie) (Entered: 01/08/2020)

Jan. 8, 2020 PACER
48

ORDER GRANTING the 45 Stipulation to Extend Deadline to Respond to Defendants' Motion to Dismiss. Plaintiffs shall file their response to the Motion to Dismiss on or before January 21, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 01/08/2020. (jmb) (Entered: 01/08/2020)

Jan. 8, 2020 PACER

Record complete for Appeal purposes. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified copy of the docket entries. (cjo)

Jan. 9, 2020 PACER
50

RESPONSE IN OPPOSITION to 45 Motion to Dismiss for Failure to State a Claim, filed by IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Carlson, R.) (Entered: 01/21/2020)

Jan. 21, 2020 PACER
51

REPLY re 45 Motion to Dismiss for Failure to State a Claim filed by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Schuster, Stephanie) Modified text on 2/6/2020. (ept) (Entered: 02/05/2020)

Feb. 5, 2020 PACER

IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)

March 28, 2020 PACER
52

A Notice of Appeal (ECF No. 43 ) was filed 11/15/2019 on the Order (ECF No. 40 ) denying the Motion to Compel Arbitration (ECF No. 24 ) filed by Uber Technologies, Inc.; Rasier, LLC; and Rasier-CA, LLC. Therefore, for purposes of judicial economy, IT IS ORDERD that this case is STAYED pending the resolution of the appeal. IT IS FURTHER ORDERED the Clerk of Court administratively terminate this case. The Court will reopen the case once the ruling on the appeal is filed. Signed by Magistrate Judge Lisa Pupo Lenihan on 04/09/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 04/09/2020)

April 9, 2020 PACER

~Util - Terminate Civil Case

April 9, 2020 PACER

Order Staying Case

April 9, 2020 PACER

Order

April 9, 2020 PACER

IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)

April 26, 2020 PACER

FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)

May 17, 2020 PACER
53

MANDATE of USCA as to 43 Notice of Interlocutory Appeal,, filed by RASIER, LLC, UBER TECHNOLOGIES, INC., Affirming judgement/order of the District Court. RASIER-CA, LLC (sb3c) Modified on 4/9/2021 (ijh). (Entered: 04/08/2021)

April 8, 2021 PACER
54

Pursuant to the (ECF No. 52) Order entered April 9, 2020, IT IS ORDERED that the Clerk of Court re-open this case. IT IS FURTHER ORDERED that (ECF No. 45 ) Defendants' Motion to Dismiss is reactivated. Signed by Magistrate Judge Lisa Pupo Lenihan on 04/14/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 04/14/2021)

April 14, 2021 PACER

Order Reopening Case

April 14, 2021 PACER
55

NOTICE of Change of Address by Anne Marie Estevez (Estevez, Anne Marie) (Entered: 04/16/2021)

April 16, 2021 PACER
56

NOTICE of Appearance by Nicholas Colella on behalf of IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Colella, Nicholas) (Entered: 06/04/2021)

June 4, 2021 PACER
58

ORDER denying 45 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Lisa Pupo Lenihan on 6/14/21. (jer) (Entered: 06/14/2021)

June 14, 2021 RECAP
57

MEMORANDUM OPINION re 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by RASIER, LLC, UBER TECHNOLOGIES, INC., RASIER-CA, LLC. Signed by Magistrate Judge Lisa Pupo Lenihan on 06/14/21. (jer) (Entered: 06/14/2021)

June 14, 2021 RECAP
59

ANSWER to 10 Amended Complaint, by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Schuster, Stephanie) (Entered: 06/28/2021)

June 28, 2021 RECAP
60

ORDER that the Initial Case Management Conference in this matter will be held via telephone on September 7, 2021, at 2:00 PM. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. IT IS FURTHER ORDERED that the parties file a Rule 26(f) Report no later than two days before the scheduled conference. IT IS FURTHER ORDERED that the parties file the Stipulation Selecting ADR Process no later than two days before the scheduled conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/19/2021. (Attachments: # 1 Exhibit ADR Form) (jmb) (Entered: 08/19/2021)

Aug. 19, 2021 PACER
61

Consent MOTION to Continue Status Conference by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Attachments: # 1 Proposed Order) (Harvey, Patrick) (Entered: 08/25/2021)

Aug. 25, 2021 PACER
62

ORDER GRANTING the (ECF No. 61 ) Consent Motion to Continue Status Conference. The Telephonic Initial Case Management Conference set for September 7, 2021 is rescheduled for September 9, 2021 at 1:00 PM before Judge Lisa Pupo Lenihan. The same call in numbers will be used. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/27/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 08/27/2021)

Aug. 27, 2021 PACER

Order on Motion to Continue

Aug. 27, 2021 PACER
63

REPORT of Rule 26(f) Planning Meeting. (Colella, Nicholas) (Entered: 09/07/2021)

Sept. 7, 2021 PACER

Set Hearings: A Telephonic Initial Case Management is set for 9/9/2021 at 1:00 PM before Magistrate Judge Lisa Pupo Lenihan. (jmb)

Sept. 8, 2021 PACER
67

ORDER REFERRING CASE to Mediation. CAROLE KATZ is appointed as mediator. Party CAROLE KATZ added. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/09/2021. (jmb) (Entered: 09/09/2021)

Sept. 9, 2021 RECAP
66

CASE MANAGEMENT ORDER: Compliance with provisions of Rule 16 shall be completed as follows: Initial disclosures pursuant to Fed. R. Civ. P. 26(a) shall be made by October 1, 2021. Amendments to the pleadings and joinder of additional parties will be completed by October 22, 2021. The ADR process will be completed no later than November 8, 2021. A telephone status conference is scheduled for November 15, 2021 at 11:00 AM. Counsel are to call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. The parties shall complete fact discovery by March 9, 2022. A status/settlement conference will be held on March 14, 2022 at 2:00 PM. Trial counsel shall attend and the parties shall be available by telephone. No later than 5 business days prior to the conference any party intending to file a motion for summary judgment shall file a statement, no longer than 3 pages, setting forth the grounds on which the motion will be filed. All parties are to be prepared to discuss this at the conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/09/2021. (jmb) (Entered: 09/09/2021)

Sept. 9, 2021 RECAP
65

Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Initial Case Management Conference was held on 9/9/2021. Plaintiffs advise that they will be filing a stipulation to dismiss the class allegations and will proceed solely on an individual basis for the named Plaintiffs. Defendants and the Court are amenable to this being done via stipulation rather than filing a Second Amended Complaint. Following discussion, the Court will allow some additional time for fact discovery but not the extensive time requested. Also, expert deadlines will be set after fact discovery at the post fact discovery conference. An Initial Scheduling Order will be entered. (jmb) (Entered: 09/09/2021)

Sept. 9, 2021 PACER
64

STIPULATION selecting ADR process by IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Colella, Nicholas) (Entered: 09/09/2021)

Sept. 9, 2021 PACER
68

Joint MOTION for Protective Order by RASIER, LLC, RASIER-CA, LLC, UBER TECHNOLOGIES, INC.. (Attachments: # 1 Proposed Order) (Harvey, Patrick) (Entered: 09/24/2021)

Sept. 24, 2021 PACER
70

Stipulated Protective Order. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/27/2021. (jmb) (Entered: 09/27/2021)

Sept. 27, 2021 PACER
69

ORDER GRANTING the 68 Joint Motion to Enter Stipulated Protective Order. The Order will be entered by the Court. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/27/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 09/27/2021)

Sept. 27, 2021 PACER

Order on Motion for Protective Order

Sept. 27, 2021 PACER
73

ORDER GRANTING the 72 Motion for Rebecca Serbin to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/05/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 10/05/2021)

Oct. 5, 2021 PACER
72

MOTION for attorney Rebecca Serbin to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6740990) by IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Attachments: # 1 Affidavit of Rebecca Serbin, # 2 Proposed Order) (Serbin, Rebecca) (Entered: 10/05/2021)

Oct. 5, 2021 PACER
71

NOTICE of Appearance by Ian M. Brown on behalf of IRMA ALLEN, GAYLE LEWANDOWSKI, PAUL O'HANLON, PITTSBURGHERS FOR PUBLIC TRANSIT, a project of THOMAS MERTON CENTER, INC., JONATHAN ROBISON. (Brown, Ian) (Entered: 10/05/2021)

Oct. 5, 2021 PACER

Order on Motion to Appear Pro Hac Vice

Oct. 5, 2021 PACER
74

REPORT of Mediation: Case has not been resolved. CAROLE KATZ terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed here or at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 10/6/2021. (Katz, Carole) (Entered: 10/06/2021)

Oct. 6, 2021 PACER
76

ORDER GRANTING the (ECF No. 75 ) Motion to Withdraw Michelle Iorio as Counsel. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/07/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) (Entered: 10/07/2021)

Oct. 7, 2021 PACER

State / Territory: Pennsylvania

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: June 11, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four individual Pittsburgh residents who are disabled and who would use Uber but for the unavailability of wheelchair accessible rides.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Uber Technologies, Inc., Private Entity/Person

Rasier, LLC, Private Entity/Person

Rasier-CA, LLC, Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - privately owned

Reasonable Accommodations

Reasonable Modifications

Transportation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment