Case: Montoya v. City of San Diego

COMPLAINT with Jury Demand against Bird Rides, Inc., City of San Diego, DOES 1-100, Neutron Holdings, Inc., Razor USA LLC ( Filing fee $ 400 receipt number 0974-12072847.), filed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:19-cv-00054-JM-BGS. Judge Jeffrey T. Miller and Magistrate Judge Bernard G. Skomal are assigned to the case. (Souther, Matthew)(mme) (jao). (Entered: 01/10/2019)

1 Civil Cover Sheet

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Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mme) (jao). (Entered: 01/10/2019)

*** DOCUMENT WITHDRAWN PER NOTICE OF WITHDRAWAL 4 *** NOTICE OF ERRATA by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 1 Complaint, (Souther, Matthew) **Q.C. Mailer re: Wrong Event. Filer instructed to file an Notice of Withdrawal and submit correct document (sjm). (Entered: 01/18/2019)

NOTICE OF WITHDRAWAL OF DOCUMENT by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 1 Complaint, filed by Philip Pressel, Aaron Gresson, Alex Montoya, Rex Shirley . (Attachments: # 1 Notice Notice Regarding Exhibit Attachment)(Souther, Matthew) (sjm). (Entered: 01/23/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to City of San Diego. (Souther, Matthew) (sjm). (Entered: 02/13/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to Bird Rides, Inc.. (Souther, Matthew) (sjm). (Entered: 02/13/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to Neutron Holdings, Inc.. (Souther, Matthew) (sjm). (Entered: 02/13/2019)

NOTICE of Appearance by Kathy Hua Gao on behalf of Neutron Holdings, Inc. (Gao, Kathy)Attorney Kathy Hua Gao added to party Neutron Holdings, Inc.(pty:dft) (sjm). (Entered: 02/14/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to Razor USA LLC. (Souther, Matthew) (sjm). (Entered: 02/19/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12314859.) (Application to be reviewed by Clerk.) (Estevez, Anne) QC email sent re missing signature. (dsn) (Entered: 03/19/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12315179.) (Application to be reviewed by Clerk.) (Schuster, Stephanie) QC email sent re missing signature. (dsn) (Entered: 03/19/2019)

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Schuster, Stephanie) (dsn) (Entered: 03/19/2019)

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Estevez, Anne) (dsn) (Entered: 03/19/2019)

AMENDED DOCUMENT by Alex Montoya, Philip Pressel, Rex Shirley. Amendment to 1 Complaint, & Aaron Greeson - FIRST AMENDED. (Attachments: # 1 Proof of Service Certificate of Service)(Souther, Matthew) (sjm). (Entered: 03/21/2019)

1 Proof of Service Certificate of Service

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CERTIFICATE OF SERVICE by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 14 Amended Document FIRST AMENDED COMPLAINT (Souther, Matthew). (jah). (Entered: 03/22/2019)

NOTICE of Appearance by Ann E Menasche on behalf of Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley (Menasche, Ann). Attorney Ann E Menasche added to party Aaron Gresson(pty:pla), Attorney Ann E Menasche added to party Alex Montoya(pty:pla), Attorney Ann E Menasche added to party Philip Pressel(pty:pla), Attorney Ann E Menasche added to party Rex Shirley(pty:pla). (jah). (Entered: 03/22/2019)

*** DOCUMENT WITHDRAWN PER NOTICE OF WITHDRAWAL 20 *** CERTIFICATE OF SERVICE by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 16 Notice of Appearance (Attachments: # 1 Proof of Service)(Menasche, Ann). Modified on 3/25/2019 - Wrong pdf attached, duplicate of ECF 16 . QC Email sent to withdraw and refile with correct pdf (jah). Modified on 3/26/2019 (sjm). (Entered: 03/22/2019)

NOTICE of Appearance by Ann E Menasche on behalf of Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley (Menasche, Ann). Modified on 3/25/2019 - Appearance is for different attorney. QC Email sent for Ben Conway to file own appearance per L.R 83.3 and G.O. 550 (jah). (Entered: 03/22/2019)

NOTICE of Appearance by Benjamin T. Conway on behalf of Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley (Conway, Benjamin)Attorney Benjamin T. Conway added to party Aaron Gresson(pty:pla), Attorney Benjamin T. Conway added to party Alex Montoya(pty:pla), Attorney Benjamin T. Conway added to party Philip Pressel(pty:pla), Attorney Benjamin T. Conway added to party Rex Shirley(pty:pla) (sjm). (Entered: 03/25/2019)

NOTICE OF WITHDRAWAL OF DOCUMENT by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley . (Attachments: # 1 Proof of Service of Withdrawal Of Document)(Menasche, Ann) (sjm). (Entered: 03/25/2019)

CERTIFICATE OF SERVICE by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 16 Notice of Appearance, (Menasche, Ann) (sjm). (Entered: 03/25/2019)

Amended Summons Issued re 14 Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (sjm) (Entered: 03/28/2019)

NOTICE of Appearance by Phillip Edmond Stephan on behalf of Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley (Attachments: # 1 Proof of Service Certificate of Service)(Stephan, Phillip)Attorney Phillip Edmond Stephan added to party Aaron Gresson(pty:pla), Attorney Phillip Edmond Stephan added to party Alex Montoya(pty:pla), Attorney Phillip Edmond Stephan added to party Philip Pressel(pty:pla), Attorney Phillip Edmond Stephan added to party Rex Shirley(pty:pla) (sjm). (Entered: 04/01/2019)

ORDER Approving the Pro Hac Vice Application of Anne Marie Estevez, re 13 Request to Appear Pro Hac Vice. Signed by Judge Jeffrey T. Miller on 4/3/2019. (mdc) (Entered: 04/04/2019)

ORDER Approving the Pro Hac Vice Application of Stephanie Schuster, re 12 Request to Appear Pro Hac Vice. Signed by Judge Jeffrey T. Miller on 4/3/2019. (mdc) (Entered: 04/04/2019)

NOTICE of Party With Financial Interest by Bird Rides, Inc. . No Parties With Financial Interest. (Pollock, Bronwyn) (sjm). (Entered: 04/04/2019)

MOTION to Dismiss Defendant City of San Diego's Memorandum of Points and Authorities in Support of Motion to Dismiss by City of San Diego. (Attachments: # 1 Proof of Service)(Nicholas, Danna)Attorney Danna Marie Whit Nicholas added to party City of San Diego(pty:dft) (sjm). (Entered: 04/04/2019)

1 Proof of Service

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NOTICE of Appearance of Charles E. Bell, Jr. by Danna Marie Whit Nicholas on behalf of City of San Diego (Attachments: # 1 Proof of Service)(Nicholas, Danna) (sjm). (Entered: 04/04/2019)

NOTICE of Party With Financial Interest by Neutron Holdings, Inc. . No Parties With Financial Interest. (Estevez, Anne) (sjm). (Entered: 04/04/2019)

Joint MOTION to Dismiss for Failure to State a Claim by Bird Rides, Inc., Neutron Holdings, Inc., Razor USA LLC. (Attachments: # 1 Memo of Points and Authorities)(Estevez, Anne) (sjm). (Entered: 04/04/2019)

1 Memo of Points and Authorities

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Joint MOTION to Strike Class Allegations by Bird Rides, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Bronwyn F. Pollock, # 3 Request for Judicial Notice)(Pollock, Bronwyn)Attorney Bronwyn F Pollock added to party Bird Rides, Inc.(pty:dft) (sjm). (Entered: 04/04/2019)

1 Memo of Points and Authorities

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2 Declaration of Bronwyn F. Pollock

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3 Request for Judicial Notice

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*** DOCUMENT WITHDRAWN PER NOTICE OF WITHDRAWAL 33 *** RESPONSE in Opposition re 27 MOTION to Dismiss Defendant City of San Diego's Memorandum of Points and Authorities in Support of Motion to Dismiss filed by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Attachments: # 1 Proof of Service To MTD)(Menasche, Ann) Modified on 5/7/2019 (sjm). (Entered: 05/06/2019)

NOTICE OF WITHDRAWAL OF DOCUMENT by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley . (Menasche, Ann) (sjm). (Entered: 05/06/2019)

RESPONSE in Opposition re 30 Joint MOTION to Dismiss for Failure to State a Claim filed by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Attachments: # 1 Proof of Service MPA-OpposToDismissJtMot)(Menasche, Ann) (sjm). (Entered: 05/06/2019)

RESPONSE in Opposition re 31 Joint MOTION to Strike Class Allegations filed by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Attachments: # 1 Declaration Phillip E. Stephan In Support of OppMotToStrike, # 2 Proof of Service MPA&DeclaOppToMotToStrike)(Menasche, Ann) (sjm). (Entered: 05/06/2019)

ORDER ON MOTION TO DISMISS denying as moot 27 Motion to Dismiss. Signed by Judge Jeffrey T. Miller on 5/7/2019. (All non-registered users served via U.S. Mail Service)(sjm) (Entered: 05/07/2019)

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12490088.)(Application to be reviewed by Clerk.)(Jones, Daniel)(jrd) (Entered: 05/08/2019)

REPLY to Response to Motion re 30 Joint MOTION to Dismiss for Failure to State a Claim filed by Bird Rides, Inc., Neutron Holdings, Inc., Razor USA LLC. (Estevez, Anne) QC mailer sent re: document signed by an attorney not associated with a party in the case (tcf). (Entered: 05/13/2019)

REPLY to Response to Motion re 31 Joint MOTION to Strike Class Allegations filed by Bird Rides, Inc.. (Pollock, Bronwyn) QC mailer sent re: document signed by an attorney not associated with a party in the case (tcf). (Entered: 05/13/2019)

NOTICE of Appearance by Tyler J. Woods on behalf of Razor USA LLC (Woods, Tyler)Attorney Tyler J. Woods added to party Razor USA LLC(pty:dft) (dlg). (Entered: 05/14/2019)

Minute Order by Judge Jeffrey T. Miller: Pursuant to Civil Local Rule 7.1.d.1, the court takes Defendants' Joint Motion to Dismiss (Doc. No. 30 ) and Defendants' Joint Motion to Strike Class Allegations (Doc. No. 31 ) under submission and vacates the May 20, 2019 hearing. Order to follow in due course.(no document attached) (gac) (Entered: 05/15/2019)

~Util - Motions Submitted

ORDER Approving the Pro Hac Vice Application of Daniel E. Jones (Re: ECF No. 37 Request to Appear Pro Hac Vice). Signed by Judge Jeffrey T. Miller on 5/13/2019.(All non-registered users served via U.S. Mail Service)(jrd) (Entered: 05/16/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12521777.) (Application to be reviewed by Clerk.) (Knisely, Joseph) (mdc) (Entered: 05/17/2019)

Pro Hac Vice Approved - Clerk

NOTICE of Appearance by Courtney Lenore Baird on behalf of Uber Technologies, Inc. (Attachments: # 1 Proof of Service)(Baird, Courtney)Attorney Courtney Lenore Baird added to party Uber Technologies, Inc.(pty:dft) (sjm). (Entered: 05/17/2019)

NOTICE of Appearance by Jason H. Dang on behalf of Uber Technologies, Inc. (Attachments: # 1 Proof of Service)(Dang, Jason)Attorney Jason H. Dang added to party Uber Technologies, Inc.(pty:dft) (sjm). (Entered: 05/17/2019)

NOTICE of Appearance by Christopher Sean Patterson on behalf of Uber Technologies, Inc. (Attachments: # 1 Proof of Service)(Patterson, Christopher)Attorney Christopher Sean Patterson added to party Uber Technologies, Inc.(pty:dft) (sjm). (Entered: 05/17/2019)

PRO HAC APPROVED re 43 : Joseph Colin Knisely appearing for Defendant Uber Technologies, Inc. (no document attached) (mdc) (Entered: 05/17/2019)

Joint MOTION for Extension of Time to File a Response to the Amended Class Action Complaint of Plaintiffs by Uber Technologies, Inc.. (Attachments: # 1 Declaration of Courtney L. Baird in Support of Joint Motion)(Baird, Courtney) (sjm). (Entered: 05/20/2019)

Joint MOTION for Extension of Time to File a Response to the First Amended Class Action Complaint of Plaintiffs by Lyft, Inc.. (Attachments: # 1 Declaration of Eden Anderson)(Anderson, Eden)Attorney Eden Edwards Anderson added to party Lyft, Inc.(pty:dft) (sjm). (Entered: 05/21/2019)

Corporate Disclosure Statement by Lyft, Inc. identifying Other Affiliate Rakuten, Inc. for Lyft, Inc... (Anderson, Eden) (sjm). (Entered: 05/21/2019)

NOTICE of Party With Financial Interest by Lyft, Inc. . Identifying Other Affiliate Rakuten, Inc. for Lyft, Inc.. (Anderson, Eden) (sjm). (Entered: 05/21/2019)

ORDER ON JOINT MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT GRANTED IN PART re 48 Motion for Extension of Time to File. The deadline for Defendant Uber to answer or otherwise respond to the amended complaint is extended up to and including June 7, 2019. Signed by Judge Jeffrey T. Miller on 5/22/2019. (sjm) (Entered: 05/22/2019)

ORDER ON JOINT MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT DENYING 49 Motion for Extension of Time to File. The deadline for Defendant Lyft to answer or otherwise respond to the amended complaint is June 3, 2019. Signed by Judge Jeffrey T. Miller on 5/22/2019. (sjm) (Entered: 05/22/2019)

Corporate Disclosure Statement by Uber Technologies, Inc. identifying Other Affiliate SoftBank Group Corp., Other Affiliate SB Cayman 2 Ltd. for Uber Technologies, Inc... (Baird, Courtney) (sjm). (jao). (Entered: 05/22/2019)

NOTICE of Party With Financial Interest by Uber Technologies, Inc. . No Parties With Financial Interest. (Baird, Courtney) (sjm). (jao). (Entered: 05/22/2019)

MOTION to Dismiss for Failure to State a Claim by Wheels Labs, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Shelby M. Harris, Esq., # 3 Request for Judicial Notice)(Ingrassia, Thomas)Attorney Thomas S Ingrassia added to party Wheels Labs, Inc.(pty:dft) (sjm). (Entered: 05/31/2019)

MOTION to Dismiss Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint by City of San Diego. (Attachments: # 1 Memo of Points and Authorities ISO Motion to Dismiss, # 2 Proof of Service)(Nicholas, Danna) (sjm). (Entered: 05/31/2019)

NOTICE of Joinder by City of San Diego re 31 Joint MOTION to Strike Class Allegations Defendant City of San Diego's Notice of Joinder to Defendants Bird Rides, Inc., Neutron Holdings, Inc., and Razor USA, LLC's Notice of Motion and Motion to Strike Class Allegations (Attachments: # 1 Proof of Service)(Nicholas, Danna) (sjm). (Entered: 05/31/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to City of San Diego. (Souther, Matthew) (sjm). (Entered: 06/03/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to Lyft, Inc.. (Souther, Matthew) (sjm). (Entered: 06/03/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to Wheels Labs, Inc.. (Souther, Matthew) (sjm). (Entered: 06/03/2019)

MOTION to Dismiss for Failure to State a Claim (Plaintiffs' First Amended Class Action Complaint), MOTION to Dismiss for Lack of Jurisdiction (Plaintiffs' First Amended Class Action Complaint) by Lyft, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Eden Anderson, # 3 Declaration of Kyle Zuvella with Exs A-D)(Launey, Kristina)Attorney Kristina M. Launey added to party Lyft, Inc.(pty:dft) (sjm). (Entered: 06/03/2019)

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MOTION to Dismiss for Failure to State a Claim by Uber Technologies, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Proof of Service)(Baird, Courtney) (sjm). (Entered: 06/07/2019)

NOTICE of Joinder by Uber Technologies, Inc. to Joint Motion to Dismiss and Joint Motion to Strike by Defendants Neutron Holdings, Inc., Bird Rides, Inc., and Razor USA, LLC (Baird, Courtney) (sjm). (Entered: 06/07/2019)

NOTICE of Errata Correcting Exhibit B to the Request for Judicial Notice Filed in Support of Motion to Dismiss by Uber Technologies, Inc. re 63 MOTION to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit B-1)(Dang, Jason) (sjm). (Entered: 06/20/2019)

NOTICE of Supplemental Authority by Bird Rides, Inc., Neutron Holdings, Inc., Razor USA LLC re 31 Joint MOTION to Strike Class Allegations (Attachments: # 1 Exhibit A)(Pollock, Bronwyn) (sjm). (Entered: 06/21/2019)

RESPONSE in Opposition re 57 MOTION to Dismiss Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint filed by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Menasche, Ann) (sjm). (Entered: 06/24/2019)

RESPONSE in Opposition re 56 MOTION to Dismiss for Failure to State a Claim By Wheels Labs, Inc. filed by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Attachments: # 1 Declaration)(Menasche, Ann) (sjm). (Entered: 06/24/2019)

RESPONSE in Opposition re 62 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' First Amended Class Action Complaint) MOTION to Dismiss for Lack of Jurisdiction (Plaintiffs' First Amended Class Action Complaint) filed by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Attachments: # 1 Declaration)(Menasche, Ann) (sjm). (Entered: 06/24/2019)

1 Declaration

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RESPONSE in Opposition re 63 MOTION to Dismiss for Failure to State a Claim filed by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Attachments: # 1 Declaration)(Menasche, Ann) (sjm). (Entered: 06/24/2019)

REPLY to Response to Motion re 56 MOTION to Dismiss for Failure to State a Claim filed by Wheels Labs, Inc.. (Harris, Shelby) (sjm). (Entered: 07/01/2019)

REPLY to Response to Motion re 63 MOTION to Dismiss for Failure to State a Claim Reply in Support of Uber Technologies, Inc. dba Jump's Motion to Dismiss the First Amended Complaint filed by Uber Technologies, Inc.. (Patterson, Christopher) (sjm). (Entered: 07/01/2019)

REPLY to Response to Motion re 62 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' First Amended Class Action Complaint) MOTION to Dismiss for Lack of Jurisdiction (Plaintiffs' First Amended Class Action Complaint) Reply Brief filed by Lyft, Inc.. (Attachments: # 1 Declaration of Kyle Zuvella in Support of Defendant Lyft, Inc.'s Motion to Dismiss)(Launey, Kristina) (sjm). (Entered: 07/01/2019)

REPLY to Response to Motion re 27 MOTION to Dismiss Defendant City of San Diego's Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiffs' First Amended Complaint filed by City of San Diego. (Nicholas, Danna) (sjm). (Entered: 07/01/2019)

Minute Order by Judge Jeffrey T. Miller: Submitting 62 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' First Amended Class Action Complaint), MOTION to Dismiss for Lack of Jurisdiction (Plaintiffs' First Amended Class Action Complaint), 57 MOTION to Dismiss Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint, 63 MOTION to Dismiss for Failure to State a Claim, 56 MOTION to Dismiss for Failure to State a Claim, motions pursuant to Local Rule 7.1.d. Motion Hearing set for 7/8/2019 10:00 AM before Judge Miller is vacated. Written order to follow. (no document attached) (gac) (Entered: 07/02/2019)

~Util - Motions Submitted

NOTICE of Appearance by Shelby Mae Harris on behalf of Wheels Labs, Inc. (Harris, Shelby)Attorney Shelby Mae Harris added to party Wheels Labs, Inc.(pty:dft) (sjm). (Entered: 07/03/2019)

SUPPLEMENTAL BRIEFING by Defendant City of San Diego re 57 MOTION to Dismiss Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint . (Attachments: # 1 Exhibit, # 2 Declaration, # 3 Proof of Service)(Nicholas, Danna) (sjm). (Entered: 07/05/2019)

1 Exhibit

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2 Declaration

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3 Proof of Service

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Request to Strike Citys Purported Supplemental Authority 77 by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 77 Supplemental Briefing, Request to Strike. (Conway, Benjamin) Modified on 7/9/2019 to reflect correct event. Q.C. Mailer sent to file a notice of withdrawal and refile after obtaining a hearing date and time from the clerk and to insure it is included on the caption of their filing (sjm). (Entered: 07/08/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12876460.) (Application to be reviewed by Clerk.) (Klein, Jonathan) (mdc) (Entered: 08/27/2019)

ORDER Approving the Pro Hac Vice Application of Jonathan S. Klein (Re: ECF No. 79 Request to Appear Pro Hac Vice. Signed by Judge Jeffrey T. Miller on 8/29/2019.(jrd) (Entered: 09/03/2019)

NOTICE of Change of Address by Ann E Menasche (Menasche, Ann) (sjm). (Entered: 10/04/2019)

NOTICE of Appearance by Nichole Marie Mendoza on behalf of Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley (Mendoza, Nichole)Attorney Nichole Marie Mendoza added to party Aaron Gresson(pty:pla), Attorney Nichole Marie Mendoza added to party Alex Montoya(pty:pla), Attorney Nichole Marie Mendoza added to party Philip Pressel(pty:pla), Attorney Nichole Marie Mendoza added to party Rex Shirley(pty:pla) (sjm). (Entered: 10/04/2019)

Minute Order by Judge Jeffrey T. Miller: Motion Hearing set for 1/13/2020 11:00 AM in Courtroom 5D before Judge Jeffrey T. Miller as to 57 MOTION to Dismiss Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint, 62 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' First Amended Class Action Complaint, MOTION to Dismiss for Lack of Jurisdiction (Plaintiffs' First Amended Class Action Complaint), 63 MOTION to Dismiss for Failure to State a Claim, 30 Joint MOTION to Dismiss for Failure to State a Claim, 56 MOTION to Dismiss for Failure to State a Claim.(no document attached) (gac) (Entered: 11/22/2019)

~Util - Set Motion and R&R Deadlines/Hearings

NOTICE of Supplemental Authority by Bird Rides, Inc., City of San Diego, Lyft, Inc., Neutron Holdings, Inc., Razor USA LLC, Uber Technologies, Inc., Wheels Labs, Inc. (Attachments: # 1 Exhibit 1 - Order of Motions to Dismiss, # 2 Exhibit 2 - Amended Complaint)(Pollock, Bronwyn) (sjm). (Entered: 11/22/2019)

MOTION to Strike Document 84 Notice (Other), Defendants' Joint Notice of Supplemental Authority, by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Conway, Benjamin) (QC mailer sent re: timeliness)(sjt). (Entered: 12/17/2019)

NOTICE of Appearance by Jennifer P. Suberlak on behalf of Wheels Labs, Inc. (Suberlak, Jennifer)Attorney Jennifer P. Suberlak added to party Wheels Labs, Inc.(pty:dft) (sjt). (Entered: 12/18/2019)

RESPONSE in Opposition re 85 MOTION to Strike Document 84 Notice (Other), Defendants' Joint Notice of Supplemental Authority, filed by Bird Rides, Inc., City of San Diego, Lyft, Inc., Neutron Holdings, Inc., Razor USA LLC, Uber Technologies, Inc., Wheels Labs, Inc.. (Pollock, Bronwyn) (sjt) (Entered: 12/30/2019)

Minute Order for proceedings held before Judge Jeffrey T. Miller:Motion Hearing held on 1/13/2020, submitting 30 Motion to Dismiss for Failure to State a Claim; submitting 56 Motion to Dismiss for Failure to State a Claim; submitting 57 Motion to Dismiss; submitting 62 Motion to Dismiss for Failure to State a Claim; submitting 62 Motion to Dismiss for Lack of Jurisdiction; submitting 63 Motion to Dismiss for Failure to State a Claim; submitting 85 Motion to Strike Document. Court takes motions under submission. Written order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Benjamin T. Conway; Ann E. Manasche; Nichole Marie Mendoza; Matthew Ryan Souther; Phillip Edmond Stephan).(Defendant Attorney Anne Marie Estevez; Daniel Jones; Kristina M. Launey; Danna Marie Whit Nicholas; Christopher Sean Patterson; Bronwyn Pollock; Stephanie Schuster; Jennifer Suberlak; Tyler Woods). (no document attached) (gac) (Entered: 01/14/2020)

Motion Hearing

Order on Motion to Strike Document

Order on Motion to Dismiss for Failure to State a Claim

Order on Motion to Dismiss/Lack of Jurisdiction

Order on Motion to Dismiss

~Util - Motions Submitted

ORDER on Motions to Dismiss. Plaintiffs Request to Strike Citys Purported Supplemental Authority 78 is Granted. Plaintiffs Motion to Strike Defendants Supplemental Authority 84 is Granted. Defendant Citys Motion to Dismiss the entire complaint on immunity grounds is Denied. Defendant Citys Motion to Dismiss the Title II ADA Claim is Denied. Defendant Citys Motion to Dismiss the Rehabilitation Act Claim is Denied. Defendants Bird, Lime, Razor, Wheels Labs, Uber, and Lyfts motions to dismiss the Title III ADA Claim are Granted with leave to amend. Defendant Citys Motion to Dismiss the California Civil Code section 4450 is Denied. Defendant Citys Motion to Dismiss the California Civil Code section 11135 claim is Denied. Defendants Bird, Lime, Razor, Wheels Labs, Uber, and Lyfts motions to dismiss the California Government Code section 11135 claim are Granted with Prejudice. Defendant Citys motion to dismiss the California DPA claim is Denied. Defendants Bird, Lime, Razor, Wheels Labs, Uber, and Lyfts motions to dismiss the California DPA Claim are Granted with leave to amend. Defendant City of San Diegos motion to dismiss the California Unruh Actclaim is Denied. Defendants Bird, Lime, Razor, Wheels Labs, Uber, and Lyfts motions to dismiss the California Unruh Act Claim are Granted with leave to amend. Defendants Bird, Lime, Razors motion to strike class allegations 31 is Denied as Moot without Prejudice. Defendant City has up to and including February 18, 2020 to file an answer to the FAC. Plaintiffs, should they elect to file a second amended complaint amending their claims against the Dockless Vehicle Defendants, must do so by February 18, 2020. Signed by Judge Jeffrey T. Miller on 1/21/2020. (sjt) (Entered: 01/21/2020)

NOTICE to Update Firm and Contact Information for Counsel for Defendant, Razor USA, LLC by Razor USA LLC re 40 Notice of Appearance (Woods, Tyler)(QC mailer sent re: new law firm has not been updated)(sjt). (Entered: 02/06/2020)