Case: Namisnak v. Uber Technologies, Inc.

3:17-cv-06124 | U.S. District Court for the Northern District of California

Filed Date: Oct. 26, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 26, 2017, three individuals from New Orleans, represented by private counsel, filed a complaint in the U.S. District Court for the Northern District of California against Uber Technologies, Inc. and its subsidiary, Rasier LLC (Collectively, “Uber”). The plaintiffs alleged that Uber violated its legal obligations under the Americans with Disabilities Act (ADA), the California Disabled Persons Act (CDPA), and California’s Unfair Competition Law (UCL) by failing to provide wheelchair-ac…

On October 26, 2017, three individuals from New Orleans, represented by private counsel, filed a complaint in the U.S. District Court for the Northern District of California against Uber Technologies, Inc. and its subsidiary, Rasier LLC (Collectively, “Uber”). The plaintiffs alleged that Uber violated its legal obligations under the Americans with Disabilities Act (ADA), the California Disabled Persons Act (CDPA), and California’s Unfair Competition Law (UCL) by failing to provide wheelchair-accessible rides through the Uber app. The complaint also included a theory that Uber was a “place of public accommodation” because it had organized a concert at a secret location that was accessible only by Uber. The case was originally assigned to District Judge Maxine M. Chesney, but shortly thereafter the case was related to a similar lawsuit (Crawford v. Uber Technologies, Inc.) and reassigned to District Judge Richard Seeborg, who was presiding over the Crawford case.

Uber moved to compel the New Orleans Plaintiffs to arbitration on January 23, 2018. They argued that the plaintiffs couldn’t show they had been injured because they hadn’t actually downloaded the Uber app and so lacked standing under Title III of the ADA. They further argued that, if Plaintiffs did have standing, they should be prevented from avoiding the arbitration agreement in the Uber app’s terms and conditions under a theory of equitable estoppel—essentially that the plaintiffs couldn’t seek to benefit from an agreement while refusing to abide by its terms. One of the three New Orleans Plaintiffs had actually downloaded the Uber app.

On April 13, 2018, Judge Seeborg granted Uber’s motion with respect to that Plaintiff but denied it with respect to the other Plaintiff because Uber’s argument was based on contract law, and Plaintiffs sought to enforce the ADA against Uber, not the terms and conditions agreement. 315 F. Supp. 3d 1124.

With their claims surviving, the plaintiffs amended their complaint on May 8, 2018  to remove the California state law claims (in response to a ruling in the Crawford case). Uber initiated an appeal to the ruling on the motion to compel arbitration on May 16, 2018 and filed a motion to dismiss the plaintiffs’ first amended complaint on May 22, 2018. In the motion, Uber argued that the plaintiffs never formally requested the modification they are seeking, a requirement under the ADA. Uber also disputed that it was a place of public accommodation under the ADA simply because it had organized a concert. 

On July 17, 2018 the plaintiffs agreed to consolidate their fact discovery with the Crawford case’s, but each set of plaintiffs continued to file motions separately and remained docketed separately.

On October 3, 2018, Judge Seeborg granted Uber’s motion to dismiss with respect to the plaintiffs’ public accommodation theory—holding that the concert venue was the public accommodation, not Uber—and with respect to the “formal request” requirement. The complaint survived on the auxiliary aid and removal of barriers provisions of the ADA, and the plaintiffs were given leave to amend their complaint to properly allege that they had requested that Uber modify its service. The plaintiffs filed a second amended complaint on October 11, 2018. 2018 WL 7200717.

The parties jointly proposed orders to stay the proceedings for 12 months on October 30, 2018, which Judge Seeborg granted on November 5. On October 24, 2019, the Jackson Plaintiffs and Uber jointly proposed an order to stay their proceedings for an additional 6 months, which the court granted the following day.

On December 17, 2019, Uber filed a motion to dismiss the New Orleans Plaintiffs’ second amended complaint. They argued that the Plaintiffs lacked a private right of action under Title III because they didn’t allege they were being presently discriminated against (since they had never downloaded the Uber app). They also argued that Plaintiffs’ requested modifications were unreasonable and that Plaintiffs didn’t allege any facts to suggest they were denied auxiliary aids and that the complaint didn’t implicate any failure to remove barriers. 

Judge Seeborg denied in part and granted in part the motion to dismiss on March 12, 2020. He held that the ADA provides a right of action to anyone who has reasonable grounds to believe a person is “about to be” subjected to discrimination on the basis of disability, which does not require the Plaintiffs to be active users of the Uber app. He granted Uber’s motion with regard to the auxiliary aid and removal of barriers theories, holding that those provisions did not apply to individuals with mobility impairments. 444 F. Supp. 3d 1136.

On May 14, 2020, Uber’s appeal of the District Court’s ruling on the motion to compel arbitration was argued in the United States Court of Appeals for the Ninth Circuit before Circuit Judges J. Clifford Wallace and Ryan D. Nelson as well as District Judge Frederic Block of the Eastern District of New York sitting by designation. On August 24, 2020, in a decision authored by Judge Nelson, the Ninth Circuit affirmed the District Court’s ruling. The Court held that the plaintiffs did not need to go through the motions of a “futile gesture” to obtain standing under the ADA and that the terms and conditions did not apply because the plaintiffs were never party to that contractual agreement. 971 F.3d 1088.

For the remainder of the case, the New Orleans and Jackson Plaintiffs generally filed identical motions but the cases remained docketed separately. Uber in turn filed separate, identical motions in each case. The court’s orders addressed both sets of plaintiffs together but appeared in both dockets. 

The remainder of this case’s summary can be found in the Crawford v. Uber Technologies, Inc. entry on the clearinghouse.

 

Summary Authors

Terry Howard (11/13/2022)

Related Cases

Crawford v. Uber Technologies, Inc., Northern District of California (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6180450/parties/namisnak-v-uber-technologies-inc/


Judge(s)
Attorney for Plaintiff

Bizer, Andrew David (California)

Coco, Jennifer M (California)

DeReus, Garret S (California)

Attorney for Defendant

Capell, Julie Marie (California)

Daniels, Jacob W. (California)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

3:17-cv-06124

Complaint and Jury Demand

Oct. 26, 2017

Oct. 26, 2017

Complaint
49

3:17-cv-06124

Order Granting In Part and Denying In Part Motion to Compel Arbitration

April 13, 2018

April 13, 2018

Order/Opinion

315 F.Supp.3d 315

84

3:17-cv-06124

Order Granting in Part and Denying in Part Uber's Motion to Dismiss

Oct. 3, 2018

Oct. 3, 2018

Order/Opinion

2018 WL 2018

102

3:17-cv-06124

Order Granting in Part and Denying in Part Motion to Dismiss Second Amended Complaint

March 13, 2020

March 13, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6180450/namisnak-v-uber-technologies-inc/

Last updated March 9, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Rasier, LLC, Uber Technologies, Inc. ( Filing fee $ 400, receipt number 0971-11827810.). Filed byStephan Namisnak, Mitchell Miraglia, Francis Falls. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Summons for Uber Tech, Inc., # 7 Summons for Rasier, LLC)(Most, William) (Filed on 10/26/2017) (Entered: 10/26/2017)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Summons for Uber Tech, Inc.

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7 Summons for Rasier, LLC

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Oct. 26, 2017

Oct. 26, 2017

Clearinghouse
2

Case assigned to Magistrate Judge Jacqueline Scott Corley. 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. Consent/Declination due by 11/9/2017. (bwS, COURT STAFF) (Filed on 10/26/2017) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
3

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (slhS, COURT STAFF) (Filed on 10/31/2017) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
4

Summons Issued as to Uber Technologies, Inc.. (slhS, COURT STAFF) (Filed on 10/31/2017) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
5

Summons Issued as to Rasier, LLC. (slhS, COURT STAFF) (Filed on 10/31/2017) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
6

NOTICE of Appearance by Kathy Hua Gao for Uber Technologies, Inc. and Rasier, LLC (Gao, Kathy) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
7

MOTION for leave to appear in Pro Hac Vice as to Anne Marie Estevez ( Filing fee $ 310, receipt number 0971-11845616.) filed by Rasier, LLC, Uber Technologies, Inc.. (Estevez, Anne-Marie) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
8

MOTION for leave to appear in Pro Hac Vice as to Stephanie Schuster ( Filing fee $ 310, receipt number 0971-11845636.) filed by Rasier, LLC, Uber Technologies, Inc.. (Schuster, Stephanie) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
9

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs and Defendants shall file a consent or declination to proceed before a magistrate judge by 11/16/2017. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 11/2/2017) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
10

MOTION for leave to appear in Pro Hac Vice Clara Kollm ( Filing fee $ 310, receipt number 0971-11847850.) filed by Rasier, LLC, Uber Technologies, Inc.. (Kollm, Clara) (Filed on 11/2/2017) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
11

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rasier, LLC, Uber Technologies, Inc... (Gao, Kathy) (Filed on 11/2/2017) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
12

Certificate of Interested Entities by Rasier, LLC, Uber Technologies, Inc. (Gao, Kathy) (Filed on 11/2/2017) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

RECAP
13

MOTION for leave to appear in Pro Hac Vice for Garret S. DeReus ( Filing fee $ 310, receipt number 0971-11856624.) filed by Francis Falls, Mitchell Miraglia, Stephan Namisnak. (Attachments: # 1 Certificate of Good Standing)(Most, William) (Filed on 11/6/2017) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
14

MOTION for leave to appear in Pro Hac Vice for Andrew D. Bizer ( Filing fee $ 310, receipt number 0971-11856631.) filed by Francis Falls, Mitchell Miraglia, Stephan Namisnak. (Attachments: # 1 Certificate of Good Standing)(Most, William) (Filed on 11/6/2017) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
15

ORDER by Magistrate Judge Jacqueline Scott Corley granting 7 Motion for Pro Hac Vice as to Anne Marie Estevez. (ahm, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
16

ORDER by Magistrate Judge Jacqueline Scott Corley granting 8 Motion for Pro Hac Vice as to Stephanie Schuster (ahm, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
17

ORDER by Magistrate Judge Jacqueline Scott Corley granting 10 Motion for Pro Hac Vice as to Clara Kollm. (ahm, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
18

ORDER by Magistrate Judge Jacqueline Scott Corley granting 13 Motion for Pro Hac Vice as to Garret S. DeReus (ahm, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
19

ORDER by Magistrate Judge Jacqueline Scott Corley granting 14 Motion for Pro Hac Vice as to Andrew D. Bizer (ahm, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
20

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Francis Falls, Mitchell Miraglia, Stephan Namisnak.. (DeReus, Garret) (Filed on 11/14/2017) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
21

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 11/14/2017) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
22

ORDER REASSIGNING CASE. Case reassigned to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Executive Committee on 11/14/17. (Attachments: # 1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 11/14/2017) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
23

ORDER RELATING CASES 17-02664 RS and 17-06124 MMC. Signed by Judge Richard Seeborg on 11/14/17. (cl, COURT STAFF) (Filed on 11/14/2017) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
24

ORDER REASSIGNING CASE. Case reassigned to Judge Richard Seeborg for all further proceedings. Judge Maxine M. Chesney no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Executive Committee on 11/15/17. (Attachments: # 1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 11/15/2017) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
25

STIPULATION WITH PROPOSED ORDER to Extend Defendants' Time to Respond to the Complaint filed by Rasier, LLC, Uber Technologies, Inc.. (Attachments: # 1 Proposed Order)(Estevez, Anne-Marie) (Filed on 12/15/2017) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
26

MOTION to Compel Arbitration filed by Rasier, LLC, Uber Technologies, Inc.. Motion Hearing set for 2/27/2018 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 2/6/2018. Replies due by 2/13/2018. (Attachments: # 1 Declaration of Jose Dieppa, # 2 Exhibit A, # 3 Declaration of Rosemary Barajas, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Proposed Order)(Estevez, Anne-Marie) (Filed on 1/23/2018) (Entered: 01/23/2018)

4

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Jan. 23, 2018

Jan. 23, 2018

PACER
27

CLERK'S NOTICE Continuing Motion Hearing as to 26 MOTION to Compel Arbitration. Motion Hearing previously set for 2/27/2018 continued to 3/8/2018 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.), (cl, COURT STAFF) (Filed on 1/23/2018) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
28

Certificate of Interested Entities by Francis Falls, Mitchell Miraglia, Stephan Namisnak (DeReus, Garret) (Filed on 2/6/2018) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
29

OPPOSITION/RESPONSE (re 26 MOTION to Compel Arbitration ) filed byFrancis Falls, Mitchell Miraglia, Stephan Namisnak. (DeReus, Garret) (Filed on 2/6/2018) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
30

STIPULATION WITH PROPOSED ORDER re 26 MOTION to Compel Arbitration filed by Rasier, LLC, Uber Technologies, Inc.. (Attachments: # 1 Declaration of Anne Marie Estevez, # 2 Proposed Order)(Estevez, Anne-Marie) (Filed on 2/8/2018) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
31

WAIVER OF SERVICE Returned Executed filed by Stephan Namisnak, Mitchell Miraglia, Francis Falls. Service waived by Rasier, LLC waiver sent on 10/31/2017, answer due 12/30/2017; Uber Technologies, Inc. waiver sent on 10/31/2017, answer due 12/30/2017. (Bizer, Andrew) (Filed on 2/9/2018) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
32

ORDER by Judge Richard Seeborg granting 30 request to change time. (cl, COURT STAFF) (Filed on 2/9/2018) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
33

REPLY (re 26 MOTION to Compel Arbitration ) filed byRasier, LLC, Uber Technologies, Inc.. (Attachments: # 1 Declaration)(Estevez, Anne-Marie) (Filed on 2/20/2018) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

RECAP
34

ADMINISTRATIVE MOTION for Leave to Conduct G.O. 56 Meeting Via Video Conference or for Alternative Relief filed by Francis Falls, Mitchell Miraglia, Stephan Namisnak. Responses due by 3/5/2018. (Attachments: # 1 Declaration of Garret S. DeReus, # 2 Proposed Order)(DeReus, Garret) (Filed on 2/27/2018) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
35

Corporate Disclosure Statement by Rasier, LLC, Uber Technologies, Inc. identifying Other Affiliate SB Cayman 2 Limited, Other Affiliate Softbank Group Corporation for Rasier, LLC, Uber Technologies, Inc.. re 12 Certificate of Interested Entities (Estevez, Anne-Marie) (Filed on 2/27/2018) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
36

MOTION for leave to appear in Pro Hac Vice Jennifer M. Coco ( Filing fee $ 310, receipt number 0971-12149895.) filed by Francis Falls, Mitchell Miraglia, Stephan Namisnak. (Attachments: # 1 Exhibit Certificate of Good Standing)(Coco, Jennifer) (Filed on 3/1/2018) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
37

ORDER by Judge Richard Seeborg granting 36 Motion for Pro Hac Vice as to Jennifer M. Coco. (cl, COURT STAFF) (Filed on 3/1/2018) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
38

STIPULATION WITH PROPOSED ORDER to Continue March 8, 2018 Hearing and Settlement Conference Deadline filed by Rasier, LLC, Uber Technologies, Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Estevez, Anne-Marie) (Filed on 3/2/2018) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
39

ORDER by Judge Richard Seeborg granting 38 Stipulation. Motion Hearing previously set for 3/8/2018 continued to 4/19/2018 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 3/2/2018) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER

Set/Reset Deadlines as to 26 MOTION to Compel Arbitration. Motion Hearing previously set for 3/8/2018 continued to 4/19/2018 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 3/2/2018)

March 2, 2018

March 2, 2018

PACER
40

OPPOSITION/RESPONSE (re 34 ADMINISTRATIVE MOTION for Leave to Conduct G.O. 56 Meeting Via Video Conference or for Alternative Relief ) filed byRasier, LLC, Uber Technologies, Inc.. (Attachments: # 1 Affidavit)(Estevez, Anne-Marie) (Filed on 3/5/2018) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

RECAP
41

ORDER by Judge Richard Seeborg denying 34 Administrative Motion and referring case to ADR. (cl, COURT STAFF) (Filed on 3/6/2018) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
42

ORDER GRANTING PLAINTIFFS' MOTION TO CONDUCT GENERAL ORDER 56 MEETING BY VIDEO CONFERENCE. Signed by Judge Richard Seeborg on 3/9/18. (cl, COURT STAFF) (Filed on 3/9/2018) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

RECAP
43

Consent MOTION for Leave to File Supplement to Opposition to Arbitration filed by Francis Falls, Mitchell Miraglia, Stephan Namisnak. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Supplement, # 4 Exhibit A (Robinson v. OnStar LLC))(Most, William) (Filed on 4/7/2018) (Entered: 04/07/2018)

April 7, 2018

April 7, 2018

PACER
44

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12256329.) filed by Rasier, LLC, Uber Technologies, Inc.. (Harvey, Patrick) (Filed on 4/9/2018) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
45

ORDER by Judge Richard Seeborg granting 43 Motion for Leave to File. (clS, COURT STAFF) (Filed on 4/9/2018) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
46

ORDER by Judge Richard Seeborg granting 44 Motion for Pro Hac Vice as to Patrick A. Harvey. (cl, COURT STAFF) (Filed on 4/9/2018) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
47

Consent ADMINISTRATIVE MOTION re 43 Consent MOTION for Leave to File Supplement to Opposition to Arbitration filed by Rasier, LLC, Uber Technologies, Inc.. Responses due by 4/13/2018. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Proposed Order)(Estevez, Anne-Marie) (Filed on 4/9/2018) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

RECAP
48

ORDER by Judge Richard Seeborg granting 47 Administrative Motion. (cl, COURT STAFF) (Filed on 4/10/2018) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
49

ORDER by Judge Richard Seeborg granting in part and denying in part 26 Motion to Compel. (cl, COURT STAFF) (Filed on 4/13/2018) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

Clearinghouse
50

STIPULATION to Extend Defendants' Time to Respond to Complaint filed by Rasier, LLC, Uber Technologies, Inc.. (Estevez, Anne-Marie) (Filed on 4/23/2018) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
51

Notice of Need for Mediation by Garret Scott DeReus (DeReus, Garret) (Filed on 5/2/2018) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER

CASE REFERRED to Mediation 51 . Deadline to complete mediation is 7/31/2018. (cmf, COURT STAFF) (Filed on 5/2/2018)

May 2, 2018

May 2, 2018

PACER
52

Consent MOTION to Amend/Correct 1 Complaint, filed by Francis Falls, Mitchell Miraglia, Stephan Namisnak. Motion Hearing set for 5/10/2018 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 5/17/2018. Replies due by 5/24/2018. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit First Amended Complaint, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D)(DeReus, Garret) (Filed on 5/3/2018) (Entered: 05/03/2018)

1 Declaration

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2 Proposed Order

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3 Exhibit First Amended Complaint

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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May 3, 2018

May 3, 2018

RECAP
53

ORDER by Judge Richard Seeborg granting 52 Motion for Leave to File First Amended Complaint. (cl, COURT STAFF) (Filed on 5/7/2018) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
54

FIRST AMENDED COMPLAINT against Rasier, LLC, Uber Technologies, Inc.. Filed by Stephan Namisnak, Francis Falls. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(DeReus, Garret) (Filed on 5/8/2018) Modified on 5/8/2018 (gbaS, COURT STAFF). (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
55

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Rasier, LLC, Uber Technologies, Inc.. (Appeal fee of $505 receipt number 0971-12345937 paid.) (Estevez, Anne-Marie) (Filed on 5/11/2018) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
56

USCA Case Number 18-15860 for 55 Notice of Appeal filed by Uber Technologies, Inc., Rasier, LLC. (gbaS, COURT STAFF) (Filed on 5/16/2018) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
57

Transcript Designation Form (Estevez, Anne-Marie) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
58

ADR Clerk's Notice Appointing Howard A. Herman as Mediator. (af, COURT STAFF) (Filed on 5/18/2018) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
59

Pre MED phone conference scheduled on Tuesday, June 5, 2018, at 11:00 AM. Mediator provided call-in information to Parties. If you are not available, let opposing counsel and mediator know alternative times within a week of this date when you are available. (af, COURT STAFF) (Filed on 5/22/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
60

MOTION to Dismiss Defendants' Notice Of Motion To Dismiss And Memorandum Of Points And Authorities In Support Thereof filed by Rasier, LLC, Uber Technologies, Inc.. Motion Hearing set for 7/12/2018 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 6/5/2018. Replies due by 6/12/2018. (Attachments: # 1 Proposed Order On Motion to Dismiss First Amended Complaint)(Estevez, Anne-Marie) (Filed on 5/22/2018) (Entered: 05/22/2018)

1 Proposed Order On Motion to Dismiss First Amended Complaint

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May 22, 2018

May 22, 2018

RECAP
61

CLERK'S NOTICE Continuing Motion Hearing as to 60 MOTION to Dismiss Defendants' Notice Of Motion To Dismiss And Memorandum Of Points And Authorities In Support Thereof. Motion Hearing previously set for 7/12/2018 has been continued to 7/19/2018 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 5/30/2018) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
62

STIPULATION WITH PROPOSED ORDER re 60 MOTION to Dismiss Defendants' Notice Of Motion To Dismiss And Memorandum Of Points And Authorities In Support Thereof filed by Francis Falls, Stephan Namisnak. (Attachments: # 1 Declaration, # 2 Proposed Order)(DeReus, Garret) (Filed on 5/31/2018) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
63

ORDER by Judge Richard Seeborg granting 62 Stipulation. (cl, COURT STAFF) (Filed on 6/4/2018) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER
64

ADR Remark: The Pre MED Phone Conference on 6/5/2018, has been TAKEN OFF CALENDAR, and will be rescheduled. (af, COURT STAFF) (Filed on 6/5/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
65

STIPULATION re: Stipulated Protective Order filed by Rasier, LLC, Uber Technologies, Inc.. (Estevez, Anne-Marie) (Filed on 6/15/2018) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
66

STIPULATION re: Consolidation of Discovery & Protective Order filed by Rasier, LLC, Uber Technologies, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Estevez, Anne-Marie) (Filed on 6/15/2018) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
67

NOTICE by Rasier, LLC, Uber Technologies, Inc. re 65 Stipulation (Estevez, Anne-Marie) (Filed on 6/18/2018) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
68

OPPOSITION/RESPONSE (re 60 MOTION to Dismiss Defendants' Notice Of Motion To Dismiss And Memorandum Of Points And Authorities In Support Thereof ) filed byFrancis Falls, Stephan Namisnak. (DeReus, Garret) (Filed on 6/19/2018) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
69

Further Pre MED phone conference scheduled on August 22, 2018, at 9:00 AM Pacific time. Mediator provided call-in information to parties (af, COURT STAFF) (Filed on 6/27/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/27/2018)

June 27, 2018

June 27, 2018

PACER
70

Ex Partep_1 MOTION to Withdraw as Attorney filed by Francis Falls, Mitchell Miraglia, Stephan Namisnak. Responses due by 7/20/2018. Replies due by 7/27/2018. (Attachments: # 1 Proposed Order)(Coco, Jennifer) (Filed on 7/6/2018) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
71

STIPULATION WITH PROPOSED ORDER to Modify the Briefing Schedule on Defendants Motion to Dismiss the First Amended Complaint filed by Francis Falls, Stephan Namisnak. (Attachments: # 1 Proposed Order)(DeReus, Garret) (Filed on 7/6/2018) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
72

Joint ADMINISTRATIVE MOTION to Extend Deadline to Complete Mediation filed by Rasier, LLC, Uber Technologies, Inc.. Responses due by 7/13/2018. (Attachments: # 1 Proposed Order)(Estevez, Anne-Marie) (Filed on 7/9/2018) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
73

ORDER by Judge Richard Seeborg granting 70 Motion to Withdraw as Attorney.. (cl, COURT STAFF) (Filed on 7/9/2018) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
74

ORDER to Modify the Briefing Schedule on Defendants Motion to Dismiss the First Amended Complaint. Signed by Judge Richard Seeborg on 7/9/18. (cl, COURT STAFF) (Filed on 7/9/2018) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER

Set/Reset as to 60 MOTION to Dismiss Defendants' Notice Of Motion To Dismiss And Memorandum Of Points And Authorities In Support Thereof. Motion Hearing previously set for 7/192018 has been continued to 9/20/2018 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 7/9/2018)

July 9, 2018

July 9, 2018

PACER
75

ORDER by Judge Richard Seeborg granting 72 Administrative Motion. (cl, COURT STAFF) (Filed on 7/9/2018) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
76

Supplemental Brief re 68 Opposition/Response to Motion, filed byFrancis Falls, Stephan Namisnak. (Related document(s) 68 ) (DeReus, Garret) (Filed on 7/12/2018) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
77

STIPULATION TO CONSOLIDATE FACT DISCOVERY AND ENTER PROTECTIVE ORDER IN RELATED CASES. Signed by Judge Richard Seeborg on 7/17/18. (cl, COURT STAFF) (Filed on 7/17/2018) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

RECAP
78

REPLY (re 60 MOTION to Dismiss Defendants' Notice Of Motion To Dismiss And Memorandum Of Points And Authorities In Support Thereof ) filed byRasier, LLC, Uber Technologies, Inc.. (Estevez, Anne-Marie) (Filed on 7/19/2018) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
79

NOTICE by Rasier, LLC, Uber Technologies, Inc. of Recent Decision in Huzar v. Groupon (Attachments: # 1 Exhibit A)(Estevez, Anne-Marie) (Filed on 8/15/2018) (Entered: 08/15/2018)

1 Exhibit A

View on RECAP

Aug. 15, 2018

Aug. 15, 2018

RECAP

Set/Reset Hearing Mediation Hearing set for 10/16/2018 09:30 AM., at the U.S. District Court, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA 94102. (af, COURT STAFF) (Filed on 8/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
80

Minute Entry for proceedings held before Judge Richard Seeborg: Motion Hearing held on 9/20/2018. re 60 MOTION to Dismiss Defendants' Notice Of Motion To Dismiss And Memorandum Of Points And Authorities In Support Thereof filed by Uber Technologies, Inc., Rasier, LLC. Matter taken under submission; Court to issue an order.Total Time in Court: 33 minutes.Court Reporter: Lydia Zinn. Plaintiff Attorney: Garrett DeReus. Defendant Attorney: Anne Marie Estevez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 9/20/2018) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
81

TRANSCRIPT ORDER for proceedings held on 9/20/2018 before Judge Richard Seeborg by Rasier, LLC, Uber Technologies, Inc., for Court Reporter Lydia Zinn. (Kollm, Clara) (Filed on 9/24/2018) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
82

Transcript of Proceedings held on 9/20/2018, before Judge Richard Seeborg. Court Reporter/Transcriber Lydia Zinn, telephone number (415) 531-6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 81 Transcript Order ) Redacted Transcript Deadline set for 10/25/2018. Release of Transcript Restriction set for 12/24/2018. (Related documents(s) 81 ) (Zinn, Lydia) (Filed on 9/24/2018) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
83

ORDER RE: ATTENDANCE AT MEDIATION. Signed by Magistrate Judge Jacqueline Scott Corley on 9/27/2018. (ahm, COURT STAFF) (Filed on 9/27/2018) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
84

ORDER by Judge Richard Seeborg granting in part and denying in part 60 Motion to Dismiss. (cl, COURT STAFF) (Filed on 10/3/2018) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

Clearinghouse
85

Administrative Motion to File Under Seal filed by Francis Falls, Stephan Namisnak. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit Redacted Second Amended Complaint, # 4 Exhibit Redacted Exhibit "G", # 5 Exhibit Unredacted Second Amended Complaint, # 6 Exhibit Unredacted Exhibit "G")(DeReus, Garret) (Filed on 10/11/2018) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
86

AMENDED COMPLAINT against Rasier, LLC, Uber Technologies, Inc.. Filed byStephan Namisnak, Francis Falls. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(DeReus, Garret) (Filed on 10/11/2018) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
87

CERTIFICATE OF SERVICE by Francis Falls, Stephan Namisnak re 85 Administrative Motion to File Under Seal (DeReus, Garret) (Filed on 10/15/2018) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
88

Declaration of Morgan Jackson in Support of 85 Administrative Motion to File Under Seal filed byRasier, LLC, Uber Technologies, Inc.. (Related document(s) 85 ) (Estevez, Anne-Marie) (Filed on 10/16/2018) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
89

ORDER by Judge Richard Seeborg granting in part and denying in part 85 Administrative Motion to File Under Seal. (cl, COURT STAFF) (Filed on 10/17/2018) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
90

Certification of ADR Session by Mediator Howard A. Herman: I hereby certify that the parties in this matter held a Mediation session on 10/16/2018. Parties agreed to submit a Stipulation and [Proposed] Order to stay the litigation and are optimistic case will be resolved at conclusion of the stay. Further follow-up by mediator is contemplated at conclusion of the stay. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 10/18/2018) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER
91

STIPULATION re 86 Amended Complaint, filed by Rasier, LLC, Uber Technologies, Inc.. (Estevez, Anne-Marie) (Filed on 10/19/2018) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
92

AMENDED COMPLAINT refiled per R. Doc. 89 against Rasier, LLC, Uber Technologies, Inc.. Filed byStephan Namisnak, Francis Falls. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(DeReus, Garret) (Filed on 10/19/2018) (Entered: 10/19/2018)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on RECAP

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

Oct. 19, 2018

Oct. 19, 2018

RECAP
93

STIPULATION WITH PROPOSED ORDER to Stay Proceedings for 12 months and to Extend Defendants' Deadline to File Responsive Document to the Second Amended Complaint filed by Rasier, LLC, Uber Technologies, Inc.. (Estevez, Anne-Marie) (Filed on 10/30/2018) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
94

ORDER by Judge Richard Seeborg Granting 93 Stipulation Motion to Stay Proceedings. (cl, COURT STAFF) (Filed on 11/5/2018) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

RECAP
95

STATUS REPORT of All Parties by Rasier, LLC, Uber Technologies, Inc.. (Schuster, Stephanie) (Filed on 10/30/2019) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
96

STIPULATION WITH PROPOSED ORDER regarding Schedule in Connection with Defendants' Response to Second Amended Complaint and Related Briefing filed by Rasier, LLC, Uber Technologies, Inc.. (Attachments: # 1 Declaration Stephanie Schuster)(Schuster, Stephanie) (Filed on 11/5/2019) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Public Accommodations/Contracting

Key Dates

Filing Date: Oct. 26, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three individuals from New Orleans who use electric wheelchairs to get around.

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 (San Francisco, San Francisco), Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

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

State law

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Access to public accommodations - privately owned

Disability and Disability Rights:

Mobility impairment

Reasonable Modifications

Discrimination Basis:

Disability (inc. reasonable accommodations)