Lowell v. Lyft, Inc.
Defendant: Lyft, Inc.
Case Number: 7:2017cv06251
Filed: August 17, 2017
Court: US District Court for the Southern District of New York
Office: White Plains Office
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. ยง 12101
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 5, 2024 Opinion or Order Filing 417 ORDER granting 413 Letter Motion to Seal. Application granted. The redacted document filed on the public docket (Doc. 415) will remain the publicly-filed version of the parties' joint proposed findings of fact and conclusions of law, and the unredacted version (Doc. 414) will remain under seal. The parties shall submit one courtesy copy of the revised submissions filed on March 4, 2024 to Chambers. SO ORDERED.. (Signed by Judge Philip M. Halpern on 3/5/2024) (jca)
February 9, 2024 Opinion or Order Filing 407 ORDER The parties are hereby notified that this case is scheduled for a bench trial beginning on July 8, 2024. This case must therefore be trial-ready for July 8, 2024. All parties and counsel shall appear on that date at 9:00 a.m. in Courtroom 520 of the courthouse located at 300 Quarropas Street, White Plains, New York 10601.The parties are directed to immediately notify the Court if they have reached a settlement. SO ORDERED. (Ready for Trial by 7/8/2024., Bench Trial set for 7/8/2024 at 09:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 2/9/2024) (jca)
December 5, 2023 Opinion or Order Filing 401 ORDER granting 397 Letter Motion to Seal. Application granted. The redacted document filed on the public docket (Doc. 398) will remain the publicly-filed version of the parties' joint proposed findings of fact and conclusions of law, and the unredacted version (Doc. 399) will remain under seal. The parties shall submit one courtesy copy of the revised submissions filed on December 4, 2023 to Chambers. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/5/2023) (jca)
November 7, 2023 Opinion or Order Filing 394 ORDER: Due to scheduling conflicts, the evidentiary hearing scheduled for December 12, 2023 is adjourned to February 1, 2024 at 9:30 a.m. to be held in Courtroom 520 of the White Plains courthouse. SO ORDERED., ( Evidentiary Hearing set for 2/1/2024 at 09:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 11/07/2023) (ama)
August 11, 2023 Opinion or Order Filing 387 ORDER Due to a scheduling conflict, the status conference scheduled for August 30, 2023 is adjourned to August 31, 2023 at 3:30 p.m. to be held in Courtroom 520 of the White Plains courthouse. SO ORDERED. (Status Conference set for 8/31/2023 at 03:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 8/11/2023) (jca)
June 15, 2023 Opinion or Order Filing 382 ORDER Due to scheduling conflicts, the status conference scheduled for June 26, 2023 is adjourned to August 30, 2023 at 3:00 p.m. to be held in Courtroom 520 of the White Plains courthouse. SO ORDERED. (Pretrial Conference set for 8/30/2023 at 03:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 6/15/2023) (jca)
March 24, 2023 Opinion or Order Filing 365 OPINION & ORDER for 328 Motion to Seal filed by Lyft, Inc., 340 Report and Recommendations. Based upon the foregoing, Defendant's objections to the Report are overruled, and the Court adopts the Report in its entirety, except with the modifications noted below to the recommended class definitions. The Court certifies the following three classes: o All residents of or visitors to any and all regions serviced by Lyft, aside from Lyfts Access Regions or NYC, who require WAVs for ve hicular transportation, and who are denied equal access to Lyft's transportation services (the Non-Access Region Class) (represented by Lowell and WDOMI and asserting claims under the ADA) o All residents of or visitors to any and all regions serviced by Lyft in New York State aside from NYC who require WAVs for vehicular transportation, and who are denied equal access to Lyfts transportation services (the New York State Other Than NYC Class) (represented by Lowell asserting claims un der the ADA and NYSHRL and WDOMI asserting claims under the ADA); and o All residents of or visitors to Westchester County who require WAVs for vehicular transportation, and who are denied equal access to Lyft's transportation services (the W estchester Class) represented by Lowell asserting claims under the ADA and NYSHRL and WDOMI asserting claims under the ADA). Excluded from the classes are people who (1) have downloaded the Lyft app; (2) have brought separate litigation against Lyf t for its failure to serve people with disabilities; and/or (3) are residents of Ohio State University or the University of Texas at Austin who do not leave those campuses. The Court appoints Finkelstein, Blankinship, Frei-Pearson & Garber, LLP, M organ & Morgan, P.C., and Michael Hellman of ADA compliance specialists as class counsel. A status conference has been scheduled for April 5, 2023 at 12:30 p.m. to be held by telephone to discuss the filing of revised pretrial submissions. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. For the sake of clarity on the electronic docket, the Court grants the request to maintain under seal the proposed findings of fact and conclusions of law that were filed on December 7, 2022. (Doc. 328). The Clerk of Court is respectfully directed to terminate the pending motions (Doc. 282; Doc. 328; Doc. 357). SO ORDERED. (Telephone Conference set for 4/5/2023 at 12:30 PM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 3/24/2023) (jca)
January 6, 2023 Opinion or Order Filing 344 ORDER granting 343 Letter Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/6/2023) (jca)
December 15, 2022 Opinion or Order Filing 337 ORDER with respect to 282 Motion to Certify Class. Plaintiffs are hereby ordered to file a redacted, public version of the "revised" memorandum of law by no later than December 19, 2022. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 12/15/2022) (tg)
December 13, 2022 Opinion or Order Filing 336 ORDER Counsel for all parties appeared by telephone for a pretrial conference today. For the reasons discussed on the record with counsel for all parties, the trial scheduled for January 17, 2023 is hereby adjourned sine die pending resolution of the class certification motion pending before the Magistrate Judge. The remaining deadlines set forth in the Court's November 7, 2022 Order (Doc. 320) are likewise adjourned sine dine. As explained more fully on the record during the conferen ce, the Court directs the parties to meet and confer regarding the Courts directives and instructions concerning their Proposed Joint Pretrial Order (Doc. 333) and file the revised document by January 13, 2023. Defendant shall, by December 20, 202 2, file a document(s) succinctly presenting the elements of the burden of proof for each claim for relief and defenses to be tried herein, in chart format or as an outline; and plaintiffs shall file their document(s) in chart format or as an outli ne by January 13, 2023. The parties shall, by January 20, 2023, meet and confer and file a joint letter, limited to five double-spaced pages, concerning the differences, if any, between their recitations of the burden of proof associated with each claim for relief and defense. See transcript. SO ORDERED. (Proposed Pretrial Order due by 1/13/2023.) (Signed by Judge Philip M. Halpern on 12/13/2022) (jca)
November 28, 2022 Opinion or Order Filing 324 STIPULATED PROTECTIVE ORDER FOR TREATMENT OF CONFIDENTIAL MATERIALS AT TRIAL...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Philip M. Halpern on 11/28/2022) (jca)
November 4, 2022 Opinion or Order Filing 319 ORDER granting 316 Letter Motion to Seal. Application granted. The redacted document filed on the public docket (Doc. 317) will remain the publicly-filed version of the parties' joint proposed findings of fact and conclusions of law, and t he unredacted version (Doc. 318) will remain under seal. A telephone conference has been scheduled for November 7, 2022 at 3:00 p.m. to discuss the parties' pretrial submissions. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. SO ORDERED.. (Signed by Judge Philip M. Halpern on 11/4/2022) (kv)
August 29, 2022 Opinion or Order Filing 302 ORDER terminating 273 Letter Motion for Leave to File Document; granting 274 Letter Motion to Seal; terminating 275 Letter Motion for Leave to File Document; granting 276 Letter Motion to Seal; granting 278 Letter Motion to Seal. The Cou rt granted the requests to seal made in Doc. Nos. 274, 276, and 278. The redacted documents filed on the public docket will remain the publicly-filed versions of Plaintiffs' pre-motion letter, Plaintiffs' opposition to Defendant's pr e-motion letter, and Rule 56.1 Statement, respectively. The unredacted versions of those documents will remain under seal. The Court heard argument from the parties concerning their requests to move for summary judgment. In light of the discussion on the record, the parties shall file by September 2, 2022 a letter advising the Court whether they still intend to move for summary judgment. In the event any motions for summary judgment are made, the moving papers shall be served by October 3, 2 022; opposition thereto shall be served by November 3, 2022; reply shall be served by November 15, 2022; and all motion papers shall be filed on the reply date, November 15, 2022. The Court set the matter down for a non-jury trial to begin on Janua ry 17, 2023 at 9:30 a.m. The case must therefore be trial ready for that date. All parties and counsel shall appear on that date and time in Courtroom 520 of the courthouse located at 300 Quarropas Street, White Plains, New York 10601. The Court di rected the parties to meet and confer and file, in strict accordance with the Court's Individual Practices, the joint pretrial order required under Rule 6(A) by October 3, 2022. By November 3, 2022, the parties shall file Rule 6(B) and 6(C) pr oposed findings of fact and conclusions of law as a single document: Plaintiffs shall prepare the proposed document addressing their claims for relief at issue, serve same on Defendant, and Defendant shall state any opposition thereto by placing t he opposing finding of fact or conclusion of law immediately below the fact or conclusion to which there is objection, supported by applicable citation; and Defendant shall set forth any proposed findings of fact and conclusions of law addressing t heir defenses at issue at the end of that document, serve same on Plaintiffs, and Plaintiffs shall state any opposition thereto by placing the opposing finding of fact or conclusion of law immediately below the fact or conclusion to which there is objection, supported by applicable citation. By November 15, 2022, the parties shall submit to the Court in accordance with Rule 6(D) the affidavits constituting the direct testimony of each trial witness except for expert wi tnesses, as well as the other materials contemplated by the rule. Direct testimony of experts will be live and not by affidavit. By September 12, 2022, Defendant shall write a one-page letter to the Court advising whether they c onsent to the entry of an order referring the parties to settlement conferences with Magistrate Judge Krause. See Transcript.The Clerk of the Court is respectfully directed to terminate the letter-motions pending at Doc. Nos. 273, 274, 275, 276, and 278. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/29/2022) (tg)
July 7, 2022 Opinion or Order Filing 265 ORDER: A pre-motion conference will be held on August 29, 2022 at 2:30 p.m. in Courtroom 520 of the courthouse located at 300 Quarropas Street, White Plains, New York 10601. All members of the public, including attorneys, appearing at a Southern District of New York courthouse must complete a questionnaire before being allowed entry into the courthouse. On the day that you are due to arrive at the courthouse, click on the following weblink: https://app.certify.me/SDNYPublic. Follow the ins tructions and fill out the questionnaire. If your answers meet the requirements for entry, you will be sent a QR code to be used as the SDNY entry device at the courthouse entrance. SO ORDERED. (Pre-Motion Conference set for 8/29/2022 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 7/7/2022) (jca)
August 25, 2021 Opinion or Order Filing 113 ORDER granting 110 Letter Motion to Seal; granting 111 Letter Motion for Conference re: 110 LETTER MOTION to Seal Document addressed to Magistrate Judge Andrew E. Krause from Jeremiah Frei-Pearson dated August 23, 2021., 111 LETTER MOTION for Conference re: 110 LETTER MOTION to Seal Document addressed to Magistrate Judge Andrew E. Krause from Jeremiah Frei-Pearson dated August 23, 2021. addressed to Magistrate Judge Andrew E. Krause from Jeremi ah, 112 LETTER MOTION for Conference re: 110 LETTER MOTION to Seal Document addressed to Magistrate Judge Andrew E. Krause from Jeremiah Frei-Pearson dated August 23, 2021. addressed to Magistrate Judge Andrew E. Krause from Jeremiah ( Status Conference set for 9/15/2021 at 11:00 AM before Judge Philip M. Halpern.); granting 112 Letter Motion for Conference re: 110 LETTER MOTION to Seal Document addressed to Magistrate Judge Andrew E. Krause from Jeremiah Frei-Pearson dated August 23, 2021., 111 LETTER MOTION for Conference re: 110 LETTER MOTION to Seal Document addressed to Magistrate Judge Andrew E. Krause from Jeremiah Frei-Pearson dated August 23, 2021. addr essed to Magistrate Judge Andrew E. Krause from Jeremiah, 112 LETTER MOTION for Conference re: 110 LETTER MOTION to Seal Document addressed to Magistrate Judge Andrew E. Krause from Jeremiah Frei-Pearson dated August 23, 2021. < i> addressed to Magistrate Judge Andrew E. Krause from Jeremiah ( Status Conference set for 9/15/2021 at 11:00 AM before Judge Philip M. Halpern.) Plaintiff's letter motion for leave to file certain materials under seal (ECF No. 110) is GRA NTED, and the Court accepts the redacted versions of Plaintiffs' letter regarding ripe discovery disputes and the confidential exhibit filed on August 23, 2021 as the public versions of these filings. Defendant must respond to Plaintiffs' l etter on or before August 30, 2021. The Court will address these disputes at the conference currently scheduled for September 15, 2021 at 11:00 a.m. ET. The parties should be prepared to present substantive argument on these issues at that conference, and the Court is likely to resolve the disputes on the record at that time. So Ordered. (Signed by Magistrate Judge Andrew E. Krause on 8/25/21) (yv)
May 13, 2021 Opinion or Order Filing 107 FIFTH AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting 106 Letter Motion for Discovery. All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U. S.C. § 636(c). Non-expert depositions shall be completed by September 30, 2021. Expert depositions shall be completed by February 18, 2022. ALL DISCOVERY SHALL BE COMPLETED BY February 18, 2022. The next case management conference is scheduled for July 1, 2021 at 11:00 AM. The Clerk of the Court is directed to terminate the letter motion at ECF No. 106. (Signed by Magistrate Judge Andrew E. Krause on 5/13/2021) (rro)
April 30, 2020 Opinion or Order Filing 77 ORDER: This matter has recently been reassigned to me. Due to the extension of discovery deadlines and further proceedings before Magistrate Judge Smith, the case management conference previously scheduled for May 8, 2020 is hereby cancelled. SO ORDERED. (Signed by Judge Philip M. Halpern on 4/30/2020) (ks)
November 29, 2018 Opinion or Order Filing 49 OPINION & ORDER re: 31 MOTION to Dismiss the Amended Complaint. filed by Lyft, Inc.., For the foregoing reasons, Defendant's Motion to Dismiss the Amended Complaint is GRANTED in part and DENIED in part. Defendant's moti on to dismiss Plaintiffs' NYCHRL claim is GRANTED and Defendant's motion to dismiss Plaintiff WDOMI's NYSHRL claim is GRANTED. Defendant's motion to dismiss Plaintiffs' ADA claims and Plaintiff Lowell's NYSHRL claim is DENIED. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 31. Defendant shall file its answer on or before December 20, 2018. The parties are directed to appear before this Court for an initial pre-trial conferenc e on January 4, 2019 at 10:00 AM. The parties are also directed to confer, complete, and submit to the Court the attached amended case management plan before the initial pre-trial conference. This constitutes the Court's Opinion and Order. SO ORDERED., Lyft, Inc. answer due 12/20/2018., Initial Conference set for 1/4/2019 at 10:00 AM before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 11/29/2018) (rj)
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Defendant: Lyft, Inc.
Represented By: Harry Kinsler Fidler
Represented By: Sara Lynn Shudofsky
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