Lydia Olson et al v. State of California et al
Plaintiffs Lydia Olson, Miguel Perez, Postmastes Inc. and Uber Technologies, Inc. sued the State of California and Xavier Becerra, in his capacity as the Attorney General of California, alleging that California Assembly Bill 5 was unconstitutional in that it violated the Equal Protection Clause of the 14th Amendment of the U.S. Constitution by drawing irrational distinctions between independent service providers and non-independent service providers that perform substantially the same work.
| Postmates Inc., Miguel Perez, Uber Technologies, Inc. and Lydia Olson |
| Xavier Becerra, State of California and John Doe |
| Raymond Frazier, Keisha Broussard, Engine Advocacy, LaMar Wilder, Daniel Rutka, TechNet and Chamber of Commerce of the United States of America |
| 2:2019cv10956 |
| December 30, 2019 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Rozella A Oliver |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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| Filing 58 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #55 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1 In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 57 RESPONSE filed by Pro Hac Vice attorney James A Paretti, Jr on behalf of Amicus Chamber of Commerce of the United States of America. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe) |
| Filing 56 TRANSCRIPT ORDER as to (Non-party requester) for Court Reporter. Court will contact Christopher Chandler at christopherchandler1@gmail.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (ls) |
| Filing 55 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Xavier Becerra. (Attachments: #1 Memorandum of Points and Authorities Supporting Defendants' Motion to Dismiss) (Zelidon-Zepeda, Jose) |
| Filing 54 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James Paretti Jr. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ak) |
| Filing 53 TRANSCRIPT ORDER as to Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc. for Court Reporter. Court will contact Nicole Farrales at Nfarrales@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kapur, Theano) |
Filing 52
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by Judge Dolly M. Gee: The Winter factors weigh against enjoining enforcement of AB 5 against Uber and Postmates, and the Court therefore DENIES Plaintiffs' Motion for Preliminary Injunction #14 . See document for further details. Court Reporter: Not Reported. (gk)
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| Filing 51 MINUTES OF Motion Hearing held before Judge Dolly M. Gee RE: Plaintiffs' Motion for Preliminary Injunction #14 . The Court invites counsel to respond to the tentative ruling. Following oral argument, the Court advises counsel that the motion shall be taken under submission and a written order will issue. Court Reporter: Katie Thibodeaux. (gk) |
| Filing 50 CERTIFICATE of Interested Parties filed by Amicus Curiae LaMar Wilder, (Whitworth, Alexandra) |
| Filing 49 CERTIFICATE of Interested Parties filed by Amicus Curiae Daniel Rutka, (Whitworth, Alexandra) |
| Filing 48 CERTIFICATE of Interested Parties filed by Amicus Curiae Raymond Frazier, (Whitworth, Alexandra) |
| Filing 47 CERTIFICATE of Interested Parties filed by Amicus Curiae Keisha Broussard, (Whitworth, Alexandra) |
| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amicus Curiae Brief,,, #27 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
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Filing 45
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Motion for Leave to File Brief Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction filed by Amici Curiae Chamber of Commerce of the United States of America, Engine Advocacy, and TechNet #39 has already been granted and the brief filed #44 . Accordingly, the redundant motion is DENIED as moot, and the hearing set for 3/6/2020 is VACATED. IT IS DO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 44 Amicus Curiae Brief filed filed by Amicus Parties Chamber of Commerce of the United States of America, Engine Advocacy, TechNet. RE: Order,, #38 . (Attachments: #1 Exhibit A, #2 Exhibit B)(Sarchet, Bruce) |
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Filing 38
AMENDED ORDER GRANTING MOTION FOR LEAVE TO FILE BRIEF AMICI CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION #36 by Judge Dolly M. Gee: The Motion for Leave to File Brief of Amici Curiae by the Chamber of Commerce of the United States of America and Engine Advocacy in support of Plaintiffs' Motion for a Preliminary Injunction #32 is GRANTED. Amici shall file their amici curiae brief that accompanied the motion on the docket forthwith. By 2/6/2020, Defendants may file a response, if any, to the amici curiae brief. (gk)
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Filing 37
AMENDED ORDER GRANTING MOTION OF ON-DEMAND CONTRACTORS KEISHA BROUSSARD, DANIEL RUTKA, RAYMOND FRAZIER, AND LAMAR WILDER FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION #35 by Judge Dolly M. Gee: The Motion of California On-Demand Contractors Keisha Broussard, Daniel Rutka, Raymond Frazier, and Lamar Wilder for Leave to File Amicus Curiae Brief #26 is GRANTED. By 2/6/2020, Defendants may file a response, if any, to the amici curiae brief. (gk)
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Filing 36
ORDER GRANTING MOTION FOR LEAVE TO FILE BRIEF AMICI CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION by Judge Dolly M. Gee: The Motion for Leave to File Brief of Amici Curiae by the Chamber of Commerce of the United States of America and Engine Advocacy in support of Plaintiffs' Motion for a Preliminary Injunction #32 is GRANTED. Amici shall file their amici curiae brief that accompanied the motion on the docket forthwith. By 2/6/2020, Plaintiffs may file a response, if any, to the amici curiae brief. (gk)
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Filing 35
ORDER GRANTING MOTION OF ON-DEMAND CONTRACTORS KEISHA BROUSSARD, DANIEL RUTKA, RAYMOND FRAZIER, AND LAMAR WILDER FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION by Judge Dolly M. Gee: The Motion of California On-Demand Contractors Keisha Broussard, Daniel Rutka, Raymond Frazier, and Lamar Wilder for Leave to File Amicus Curiae Brief #26 is GRANTED. By 2/6/2020, Plaintiffs may file a response, if any, to the amici curiae brief. (gk)
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| Filing 34 NOTICE OF LODGING filed re Amicus Curiae Brief,,, #27 , NOTICE OF MOTION AND MOTION to File Amicus Brief #26 (Attachments: #1 Proposed Order iso Ntc of Motion & Mtn for leave to file Amicus Brief by Amici Broussard, Rutka, Frazier, and Wilder)(Whitworth, Alexandra) |
| Filing 33 Opposition to Motions for Leave to File Amici Curiae Briefs Supporting Plaintiffs' Motion for a Preliminary Injuction re: NOTICE OF MOTION AND MOTION for Leave to file amicus Brief in Support of Plaintiffs Motion for a Preliminary Injunction #32 filed by Defendant Xavier Becerra. (Zelidon-Zepeda, Jose) |
| Filing 32 NOTICE OF MOTION AND MOTION for Leave to file amicus Brief in Support of Plaintiffs Motion for a Preliminary Injunction filed by amicus Chamber of Commerce of the United States of America, Engine Advocacy, TechNet. Motion set for hearing on 2/7/2020 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 amicus Brief, #2 Proposed Order) (Attorney Bruce J Sarchet added to party Chamber of Commerce of the United States of America(pty:am), Attorney Bruce J Sarchet added to party Engine Advocacy(pty:bkmov), Attorney Bruce J Sarchet added to party TechNet(pty:bkmov)) (Sarchet, Bruce) |
| Filing 43 CERTIFICATE OF SERVICE filed by Amici Curiae Chamber of Commerce of the United States of America, Engine Advocacy, TechNet, re Motion for Leave to File Brief Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction #39 , Notice of Interested Parties - Chamber of Commerce of the United States of America #41 , Notice of Interested Parties - Engine Advocacy #40 , Notice of Interested Parties - TechNet #42 , served on 2/4/2020. (gk) |
| Filing 42 CERTIFICATION AND NOTICE of Interested Parties filed by Amicus Curiae TechNet. (gk) |
| Filing 41 CERTIFICATION AND NOTICE of Interested Parties filed by Amicus Curiae Chamber of Commerce of the United States of America. (gk) |
| Filing 40 CERTIFICATION AND NOTICE of Interested Parties filed by Amicus Curiae Engine Advocacy. (gk) |
| Filing 39 MOTION for Leave to File Brief Amici Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction filed by Proposed Amici Curiae Chamber of Commerce of the United States of America, Engine Advocacy, and TechNet. Motion set for hearing on 3/6/2020 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (gk) |
| Filing 31 DECLARATION of LaMar Wilder re Declaration (Motion related) #29 , Declaration (Motion related) #28 , Declaration, #30 , Amicus Curiae Brief,,, #27 , NOTICE OF MOTION AND MOTION to File Amicus Brief #26 filed by Plaintiff LaMar Wilder. (Whitworth, Alexandra) |
| Filing 30 DECLARATION of Daniel Rutka re Declaration (Motion related) #29 , Declaration (Motion related) #28 , Amicus Curiae Brief,,, #27 , NOTICE OF MOTION AND MOTION to File Amicus Brief #26 filed by Plaintiff Daniel Rutka. (Whitworth, Alexandra) |
| Filing 29 DECLARATION of Raymond Frazier NOTICE OF MOTION AND MOTION to File Amicus Brief #26 filed by Plaintiff Raymond Frazier. (Whitworth, Alexandra) |
| Filing 28 DECLARATION of Keisha Broussard iso Motion to file Amicus Curiae Brief NOTICE OF MOTION AND MOTION to File Amicus Brief #26 filed by Plaintiff KEISHA BROUSSARD. (Whitworth, Alexandra) |
| Filing 27 Amicus Curiae Brief filed filed by Plaintiffs KEISHA BROUSSARD, Raymond Frazier, Daniel Rutka, LaMar Wilder. RE: Order,,, Order Extending Answer Due Deadline,, #25 . (Attachments: #1 Exhibit iso PL Mtn for leave to file Amicus Curiae Brief, #2 Exhibit iso PL Mtn for leave to file Amicus Curiae Brief, #3 Exhibit iso PL Mtn for leave to file Amicus Curiae Brief, #4 Exhibit iso PL Mtn for leave to file Amicus Curiae Brief, #5 Exhibit iso PL Mtn for leave to file Amicus Curiae Brief, #6 Exhibit iso PL Mtn for leave to file Amicus Curiae Brief, #7 Exhibit iso PL Mtn for leave to file Amicus Curiae Brief, #8 Exhibit iso PL Mtn for leave to file Amicus Curiae Brief, #9 Exhibit iso PL Mtn for leave to file Amicus Curiae Brief)(Whitworth, Alexandra) |
| Filing 26 NOTICE OF MOTION AND MOTION to File Amicus Brief filed by Plaintiffs by Plaintiffs' Attorney KEISHA BROUSSARD, Daniel Rutka, Raymond Frazier, LaMar Wilder. Motion set for hearing on 2/7/2020 at 02:00 PM before Judge Dolly M. Gee. (Attorney Alexandra Costanza Whitworth added to party KEISHA BROUSSARD(pty:pla), Attorney Alexandra Costanza Whitworth added to party Daniel Rutka(pty:pla), Attorney Alexandra Costanza Whitworth added to party Raymond Frazier(pty:pla), Attorney Alexandra Costanza Whitworth added to party LaMar Wilder(pty:pla)) (Whitworth, Alexandra) |
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Filing 25
ORDER RE JOINT STIPULATION TO REVISE DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFFS' COMPLAINT AND SUBSEQUENT BRIEFING SCHEDULE by Judge Dolly M. Gee: Upon Stipulation #22 , Defendants' response to Plaintiffs' Complaint shall be due on 2/13/2020. In the event Defendants file a Motion to Dismiss, Plaintiffs shall file their Opposition to Defendants' Motion to Dismiss by 3/12/2020, and Defendants shall file their Reply in Support of their Motion to Dismiss by 3/26/2020. In the event Defendants file a Motion to Dismiss, Defendants will notice the hearing on the Motion to Dismiss on or after 4/17/2020 at 10:00 AM. (gk)
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| Filing 24 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining enforcement of any provision of California Assembly Bill 5 (2019) against Plaintiffs pending final judgment . Motion #14 filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Kapur, Theano) |
| Filing 23 REPLY in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining enforcement of any provision of California Assembly Bill 5 (2019) against Plaintiffs pending final judgment . Motion #14 filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Kapur, Theano) |
| Filing 22 Joint STIPULATION to Revise Defendants' Deadline to Respond to Plaintiffs' Complaint and Subsequent Briefing Schedule filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Attachments: #1 Proposed Order)(Kapur, Theano) |
| Filing 21 REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION filed by Defendants Xavier Becerra, State of California. (Attachments: #1 Defendants' Oppo. to Plaintiffs' Motion for a Preliminary Injunction, #2 Declaration of Jose A. Zelidon-Zepeda In Oppo. to Mot. for Prelim. Injunction, #3 Exhibit 1-2)(Attorney Jose A Zelidon-Zepeda added to party State of California(pty:dft))(Zelidon-Zepeda, Jose) |
| Filing 20 DECLARATION of Brandon J. Stoker in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining enforcement of any provision of California Assembly Bill 5 (2019) against Plaintiffs pending final judgment . Motion #14 filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Kapur, Theano) |
| Filing 19 DECLARATION of Justin McCrary in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining enforcement of any provision of California Assembly Bill 5 (2019) against Plaintiffs pending final judgment . Motion #14 filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Kapur, Theano) |
| Filing 18 DECLARATION of Brad Rosenthal in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining enforcement of any provision of California Assembly Bill 5 (2019) against Plaintiffs pending final judgment . Motion #14 filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Kapur, Theano) |
| Filing 17 DECLARATION of Patricia Cartes Andres in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining enforcement of any provision of California Assembly Bill 5 (2019) against Plaintiffs pending final judgment . Motion #14 filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Kapur, Theano) |
| Filing 16 DECLARATION of Miguel Perez in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining enforcement of any provision of California Assembly Bill 5 (2019) against Plaintiffs pending final judgment . Motion #14 filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Kapur, Theano) |
| Filing 15 DECLARATION of Lydia Olson in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining enforcement of any provision of California Assembly Bill 5 (2019) against Plaintiffs pending final judgment . Motion #14 filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Kapur, Theano) |
| Filing 14 NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining enforcement of any provision of California Assembly Bill 5 (2019) against Plaintiffs pending final judgment . Motion filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. Motion set for hearing on 2/7/2020 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Kapur, Theano) |
| Filing 13 NOTICE of Appearance filed by attorney Theano Evangelis Kapur on behalf of Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc. (Kapur, Theano) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Uber Technologies, Inc., Lydia Olson, Postmates Inc., Miguel Perez, upon Defendant Xavier Becerra served on 1/2/2020, answer due 1/23/2020; State of California served on 1/2/2020, answer due 1/23/2020. Service of the Summons and Complaint were executed upon N. Singh, Officer in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Kapur, Theano) |
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Filing 11
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Philip S. Gutierrez, for the reasons set forth on this order. Related Case No. 2:19-cv-10645 PSG(KSx) (rn)
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| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Jose A Zelidon-Zepeda counsel for Defendant Xavier Becerra. Adding Jose A. Zelidon-Zepeda as counsel of record for Attorney General Xavier Becerra for the reason indicated in the G-123 Notice. Filed by Defendant Jose A. Zelidon-Zepeda. (Attorney Jose A Zelidon-Zepeda added to party Xavier Becerra(pty:dft))(Zelidon-Zepeda, Jose) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Xavier Becerra, State of California. (car) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Rozella A. Oliver. (car) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Kapur, Theano) |
| Filing 4 NOTICE of Related Case(s) filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. Related Case(s): 2:19-cv-10645-PSG-KS (Kapur, Theano) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc., (Kapur, Theano) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Lydia Olson, Miguel Perez, Postmates Inc., Uber Technologies, Inc.. (Kapur, Theano) |
| Filing 1 COMPLAINT Receipt No: 0973-25035597 - Fee: $400, filed by Plaintiffs Uber Technologies, Inc., Lydia Olson, Postmates Inc., Miguel Perez. (Attorney Theano Evangelis Kapur added to party Lydia Olson(pty:pla), Attorney Theano Evangelis Kapur added to party Miguel Perez(pty:pla), Attorney Theano Evangelis Kapur added to party Postmates Inc.(pty:pla), Attorney Theano Evangelis Kapur added to party Uber Technologies, Inc.(pty:pla))(Kapur, Theano) |
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