Meyer v. Kalanick
Spencer Meyer |
Travis Kalanick |
1:2015cv09796 |
December 16, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Jed S. Rakoff |
Antitrust |
15 U.S.C. ยง 1 |
Plaintiff |
Available Case Documents
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Filing 203 MEMORANDUM AND ORDER. After carefully reviewing the full record, the Court finds that the arbitrator's concluding remarks, rather than a sincere confession of fear, were simply an attempt at humor - one of many made by the arbitrator throughout the hearing. Indeed, if the arbitrator had in fact been making his decision out of fear, the last thing he would have done is placed that on the record. While perhaps inappropriate (or, worse yet, not as humorous as some of the arbitrator's bett er jokes), the remarks are not inconsistent with impartiality once their patently jestful intent is recognized. As for the alleged photographing, there is, as indicated, some reason to doubt whether it actually occurred. But "even assuming that [it] took place exactly as [plaintiff] describes and construing all facts in [plaintiff's] favor," it would not "rise to the level of bias...necessary to vacate an arbitration award under § 10(a)(2)." Plaintiff suggests that the arbitrator took the photograph because he was "starstruck" by Mr. Kalanick. Pl. Mem. at 16. Given the history of dubious conduct by Mr. Kalanick's subordinates when Mr. Kalanick was the only defendant in this case, and as further set forth in this Memorandum and Order. Plaintiff's motion is therefore denied. The Clerk of Court is directed to close docket entry 177. Denying 177 Motion to Vacate Arbitration. (Signed by Judge Jed S. Rakoff on 8/3/2020) (rjm) |
Filing 173 OPINION AND ORDER. The Court hereby reaffirms its bottom line Order of November 22, 2017 granting Uber's motion to compel arbitration and granting Kalanick's motion for judgment on the pleading without prejudice to Meyer's pursuing hi s claims against Kalanick in the Uber arbitration. Additionally, the Court denies as moot Kalanick's motion to compel arbitration, Kalanick's motion to dismiss Meyer's claims for declaratory and injunctive relief, and Meyer's motion to join four additional parties. So Ordered. (Signed by Judge Jed S. Rakoff on 3/5/18) (yv) |
Filing 126 OPINION AND ORDER: re: 91 MOTION to Compel Arbitration filed by Uber Technologies, Inc. Consequently, defendant Uber may not enforce the arbitration clause against Mr. Meyer. As a result, even if defendant Kalanick were entitled t o enforce this arbitration clause and had not waived such a right- issues that the Court does not now decide - he too would be unable to enforce the arbitration clause. The Court hence denies the motions to compel arbitration filed by both Mr. Kalanick and Uber. The Clerk of Court is directed to close docket entries 80 and 91. And as set forth herein. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/29/2016) (ama) |
Filing 119 OPINION AND ORDER re: 96 MOTION Related to the ERGO investigation re: 93 Order, Set Deadlines/Hearings, . filed by Spencer Meyer. The Court, on consent, hereby enjoins defendants Uber and Mr. Kalanick from using any of the inf ormation obtained through Ergo's investigation in any manner, including by presenting arguments or seeking discovery concerning the same; enjoins both defendants and Ergo from undertaking any further personal background investigations of individ uals involved in this litigation through the use of false pretenses, unlicensed investigators, illegal secret recordings, or other unlawful, fraudulent, or unethical means; and retains jurisdiction to enforce Uber's agreement to reimburse plaintiff in the sum agreed to by the parties. The Clerk of Court is directed to close docket entry 96. (Signed by Judge Jed S. Rakoff on 7/25/2016) (kgo) Modified on 7/25/2016 (kgo). |
Filing 44 OPINION AND ORDER: For all these reasons, the Court denies defendant Kalanick's motion for partial reconsideration. The Clerk of Court is directed to close docket entry 40. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 5/7/2016) (cf) |
Filing 37 OPINION AND ORDER re: 22 MOTION to Dismiss, filed by Travis Kalanick, 27 MOTION to Dismiss The First Amended Complaint, filed by Travis Kalanick. The Court denies defendant Kalanick's motion to dismiss. Concomitantl y, the Court lifts the stay of discovery previously imposed pending the Court's decision on this motion. Counsel are directed to submit to the Court, by no later than April 7, 2016, a case management plan in the Court's Form D that will have this case ready for trial by November 1, 2016. The Clerk of Court is directed to close docket entries 22 and 27. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 3/31/2016) (spo) |
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