Stephanie Rubin et al v. Uber Technologies et al
| Stephanie Rubin, Aubrey Rubin and Damian Trejo |
| Uber Technologies Inc, Rasier-CA, LLC, Carlos Ivan Silva Velasquez and Rasier LLC |
| 2:2022cv02692 |
| April 22, 2022 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Paul L Abrams |
| R Gary Klausner |
| Motor Vehicle |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2022. A more recent docket listing may be available from PACER.
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| Filing 64 PROOF OF SERVICE BY MAIL filed by plaintiffs Aubrey Rubin, Stephanie Rubin, Damian Trejo, re APPLICATION for Pro Se Litigant to electronically file documents in a specific case #60 , APPLICATION for Pro Se Litigant to electronically file documents in a specific case #62 , APPLICATION for Pro Se Litigant to electronically file documents in a specific case #63 , NOTICE OF MOTION AND MOTION for Reconsideration #53 , Reply #61 served on 6/3/2022. (jp) |
| Filing 63 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Damian Trejo. (jp) |
| Filing 62 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Aubrey Rubin. (jp) |
| Filing 61 REPLY to Defendants Joint Opposition to Plaintiffs' Motion for Reconsideration of Motion to Dismiss for Lack of Prosecution and for Entry of Default #53 filed by Plaintiffs Aubrey Rubin, Stephanie Rubin, Damian Trejo. (jp) |
| Filing 60 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Stephanie Rubin. (jp) |
| Filing 59 RESPONSE filed by Pro Hac Vice attorney Todd Martin Norbraten on behalf of Plaintiffs Aubrey Rubin, Stephanie Rubin, Damian Trejo. 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. (lt) |
| Filing 58 RESPONSE filed by Pro Hac Vice attorney Guy Bennett Rubin on behalf of Plaintiffs Aubrey Rubin, Stephanie Rubin, Damian Trejo. 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. (lt) |
Filing 57
NOTICE OF DISCREPANCY AND ORDER by Judge R. Gary Klausner, ORDERING Plaintiff's Reply to Defendant's Opposition submitted by Plaintiffs Aubrey Rubin, Stephanie Rubin, Damian Trejo received on 5/20/2022 is not to be filed but instead rejected. Denial based on: Document improperly filed. Document Moot. Underlying motion was stricken. (jp)
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Filing 56
ORDER by Judge R. Gary Klausner. The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Incorrect form and format of document per Local Rules of Court 11-3. Pro Se signatures not hand signed. Pro Se Plaintiffs not authorized for electronic filing and use of electronic signatures. (jre)
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| Filing 55 PLAINTIFFS' CONTACT INFORMATION Changing Pro Se address to 2546 36th Ave., West, Seattle, WA 98199; Telephone No.: Aubrey Rubin 772-333-0602. Damian Trejo: 772-214-2191. Stephanie Rubin address to 2012 NW Royal Fern Court, Palm City, FL 34990. Tel No.:772-285-0031. Filed by Plaintiffs Aubrey Rubin, Stephanie Rubin, Damian Trejo. (jp) |
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Filing 54
ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Plaintiffs Stephanie Rubin, Aubrey Rubin and Damian Trejo are hereby ordered to provide the Court with their address and phone numbers for entry onto the docket of this Court as pro se Plaintiffs on or before Noon (12:00 pm) on May 20, 2022 or risk the striking of their Motion for Reconsideration. IT IS SO ORDERED. cc: Plaintiff's via email (note that email service to Plaintiffs in this instant does not ensure service of future documents via email). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 52 NOTICE OF APPEARANCE of California Attorney General Office Alexander P. Castillo on behalf of Defendant Carlos Ivan Silva Velasquez. (Attachments: #1 POS-NOA_Castillo_Velasquez)(Attorney Alexander Paul Castillo added to party Carlos Ivan Silva Velasquez(pty:dft))(Castillo, Alexander) |
| Filing 51 MEMORANDUM in Opposition JOINT filed by Defendants Rasier LLC, Rasier-CA, LLC, Carlos Ivan Silva Velasquez, Uber Technologies Inc. (Attachments: #1 Declaration of Janice Y. Walshok, #2 Exhibit 1 - Email, #3 Exhibit 2 - PL motion, #4 Certificate of Service)(Attorney Janice Y Walshok added to party Carlos Ivan Silva Velasquez(pty:dft))(Walshok, Janice) |
| Filing 53 MOTION for Reconsideration of Motion to Dismiss for Lack of Prosecution [DE 50] and for Entry of Default filed by plaintiffs Aubrey Rubin, Stephanie Rubin, Damian Trejo. (jp) |
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Filing 50
ORDER DISMISSING ACTION FOR LACK OF PROSECUTION by Judge R. Gary Klausner, Plaintiffs response to the Order to Show Cause was due by 5/4/2022. As of this date, no response has been filed to the Order to Show Cause. Therefore, the Court orders the matter dismissed for lack of prosecution. (Made JS-6. Case Terminated.) (jp)
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| Filing 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #47 . The following error(s) was/were found: (1) Incorrect event selected. Correct event to be used is: Substitute Attorney (G-01) - under Category - Applications/Ex Parte Applications/Motions/Petitions/Requests. (2) Proposed Document was not submitted as separate attachment. (3) Proposed Order shall be filed as separate attachment to the e-filed "REQUEST" and e-mailed to Judge Klausner generic email addresses a Microsoft Word version of the document; (4) Miscellaneous Document event utilized in docketing this filing. Please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure of the events to use. 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. (jp) |
| Filing 48 Notice of Appearance or Withdrawal of Counsel: for attorney Janice Y Walshok counsel for Defendant Uber Technologies Inc. Hannah M. Vannetti is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Uber Technologies, Inc., Rasier, LLC and Rasier-CA, LLC. (Walshok, Janice) |
| Filing 47 Request for Approval of Substitution or Withdrawal of Counsel (Attachments: #1 Proof of Service-Sub)(Salem, Johnpaul) |
| Filing 46 RESPONSE filed by Pro Hac Vice attorney Veresa Jones Adams on behalf of Defendants Rasier LLC, Rasier-CA, LLC, Uber Technologies Inc. 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. (lt) |
| Filing 45 Notice of Appearance or Withdrawal of Counsel: for attorney Johnpaul Najah Salem counsel for Defendant Carlos Ivan Silva Velasquez. Adding JohnPaul Salem as counsel of record for Carlos Ivan Silva Velasquez for the reason indicated in the G-123 Notice. Filed by Defendant Carlos Ivan Silva Velasquez. (Attorney Johnpaul Najah Salem added to party Carlos Ivan Silva Velasquez(pty:dft))(Salem, Johnpaul) |
| Filing 44 NOTICE of Interested Parties filed by Defendants Uber Technologies Inc, identifying Stephanie Rubin, Aubrey Rubin, Damien Trejo, Uber Technologies, Inc., Rasier, LLC, Rasier-CA, LLC and Carlos Ivan Silva Velasquez. (Vannetti, Hannah) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Hannah M Vannetti counsel for Defendant Uber Technologies Inc. Adding Janice Y. Walshok as counsel of record for Uber Technologies, Inc., Rasier, LLC and Rasier-CA, LLC for the reason indicated in the G-123 Notice. Filed by Defendants Uber Technologies, Inc., Rasier, LLC and Rasier-CA, LL. (Vannetti, Hannah) |
| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Hannah M Vannetti counsel for Defendant Uber Technologies Inc. Adding Hannah M. Vannetti as counsel of record for Uber Technologies, Inc., Rasier, LLC and Rasier-CA, LLC for the reason indicated in the G-123 Notice. Filed by Defendants Uber Technologies, Inc., Rasier, LLC and Rasier-CA, LLC. (Attorney Hannah M Vannetti added to party Uber Technologies Inc(pty:dft))(Vannetti, Hannah) |
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Filing 41
(In Chambers) Order to Show Cause re Dismissal for Lack of Prosecution by Judge R. Gary Klausner. The court, on its own motion, orders plaintiff(s) to show cause in writing on or before 5/4/2022, why this action should not be dismissed for lack of prosecution as to certain defendant/s. (See Civil Minutes for further specifics). (jp)
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Filing 40
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre)
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| Filing 39 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Patrick Michael DeLong. 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. (jtil) |
| Filing 38 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Veresa Jones Adams. 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. (jtil) |
| Filing 37 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Todd Martin Norbraten. 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. (jtil) |
| Filing 36 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Guy Bennett Rubin. 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. (jtil) |
| Filing 35 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 34 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 33 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Paul L. Abrams. (jtil) |
| Filing 32 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:21-cv-14436, from USDC Southern District of Florida, Ft Pierce. The above-referenced case has been transferred to this district and assigned the above civil case number 2:22-cv-02692 RGK (PLAx). (jtil) |
| Filing 31 ORIGINAL file, certified copy of transfer order and docket sheet received from Florida Southern |
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Filing 30
ORDER granting 24 Motion to Transfer Venue. Transferring Case to the United States District Court for Central District of California; Denying as moot #18 Motion to Dismiss for Lack of Jurisdiction; Closing Case. Signed by Judge Donald M. Middlebrooks on 4/22/2022. See attached document for full details. (ls) [Transferred from Florida Southern on 4/26/2022.]
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| Filing 29 NOTICE by Carlos Ivan Silva Velasquez re 24 MOTION to Change Venue (DeLong, Patrick) [Transferred from Florida Southern on 4/26/2022.] |
| Civil Case Terminated. Closing Case. (ls) [Transferred from Florida Southern on 4/26/2022.] |
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Filing 28
PAPERLESS ORDER REQUIRING RESPONSE FROM DEFENDANT VELASQUEZ to 21 Response to Order to Show Cause and Motion to Transfer Venue from Defendant Ivan Silva Velasquez. Plaintiffs have conceded that venue is not proper in this District and request that this matter be transferred to the Central District of California. The Certificate of Conferral indicates that Defendants Uber Technologies, Inc. and Rasier-DC, LLC consent to transfer, but that counsel for Defendant Velasquez "did not indicate if her client does or does not object to the relief requested." Accordingly, on or before April 21, 2022, Defendant Velasquez SHALL RESPOND to Plaintiff's Motion and indicate whether he opposes transfer. Signed by Judge Donald M. Middlebrooks on 4/18/2022. (kal) [Transferred from Florida Southern on 4/26/2022.]
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| Filing 27 Clerks Notice to Filer re #23 First MOTION to Adopt/Join #22 Response to Order to Show Cause . Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#26]. It is not necessary to refile this document. (ls) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 25 Clerks Notice to Filer re #22 Response to Order to Show Cause, Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. See DE # 24 MOTION to Change Venue. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 26 Unopposed Notice of Adoption/Joinder by Rasier LLC, Rasier-CA, LLC, Uber Technologies, Inc. Related document: 24 MOTION to Change/Transfer Venue filed by Aubrey Rubin, Stephanie Rubin, Damian Trejo (ls)(See Image at DE #23 ) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 23 First MOTION to Adopt/Join #22 Response to Order to Show Cause by Rasier LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Jones Adams, Veresa) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 24 MOTION to Change/Transfer Venue by Aubrey Rubin, Stephanie Rubin, Damian Trejo. Responses due by 4/28/2022 (ls)(See Image at DE #22 ) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE re 21 Order,,, Set/Reset Motion/R&R Deadlines and Hearings,,, Order to Show Cause,, by Stephanie Rubin, Damian Trejo, Aubrey Rubin. (Norbraten, Todd) [Transferred from Florida Southern on 4/26/2022.] |
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Filing 21
PAPERLESS ORDER TO SHOW CAUSE. On March 25, 2022, Defendant Carlos Ivan Silva Velasquez filed a Motion to Dismiss. (DE #18 ). Plaintiffs' response to the Motion was due by April 8, 2022. No response appears in the court record. Accordingly, no later than April 14, 2022, Plaintiffs shall show cause in writing as to (1) why Defendant's Motion should not be granted and (2) why Plaintiffs failed to timely respond. Plaintiffs' failure to respond to this Order to Show Cause may result in the Motion being granted by default pursuant to Local Rule 7.1(c). Signed by Judge Donald M. Middlebrooks on 4/11/2022. (kal) [Transferred from Florida Southern on 4/26/2022.]
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Filing 20
PAPERLESS ORDER granting in part #19 Defendants Uber Technologies, Inc. and Raiser-DC, LLC's Third Unopposed Motion for Enlargement of Time. Defendants Uber Technologies, Inc. and Raiser-DC, LLC's deadline to respond to Plaintiffs' Complaint was April 1, 2022. Defendants now seek a twenty-one day extension of this deadline, citing that "plaintiffs and counsel for Mr. Velasquez are informally working to voluntarily resolve this matter." (DE #19 at 3). In the interest of promoting an amicable resolution of this case, I find good cause to grant Defendants' Motion in part and extend their deadline to respond to the Complaint to April 15, 2022. However, given the previous two extensions of this deadline, Defendants are advised that I am strongly disinclined to allow any further extensions. Signed by Judge Donald M. Middlebrooks on 4/4/2022. (kal) [Transferred from Florida Southern on 4/26/2022.]
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| Filing 19 Third MOTION for Extension of Time Extension of Time re #5 Amended Complaint/Amended Notice of Removal by Rasier LLC, Rasier-CA, LLC, Uber Technologies, Inc.. Responses due by 4/15/2022 (Attachments: #1 Exhibit Order)(Jones Adams, Veresa) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 18 Defendant's MOTION to Dismiss for Lack of Jurisdiction #5 Amended Complaint/Amended Notice of Removal by Carlos Ivan Silva Velasquez. Attorney Patrick Michael DeLong added to party Carlos Ivan Silva Velasquez(pty:dft). Responses due by 4/8/2022 (Attachments: #1 Exhibit A)(DeLong, Patrick) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Stephanie Rubin, Damian Trejo, Aubrey Rubin. Carlos Ivan Silva Velasquez served on 3/6/2022, response/answer due 3/28/2022. (Attachments: #1 Affidavit Velasquez)(Norbraten, Todd) [Transferred from Florida Southern on 4/26/2022.] |
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Filing 16
PAPERLESS ORDER granting #15 Defendants Uber Technologies, Inc. and Rasier-DC, LLC's Unopposed Second Motion for Enlargement of Time. In light of my Order extending Plaintiffs' deadline to serve Defendant Carlos Ivan Silva Velasquez to March 25, 2022, Defendants Uber Technologies, Inc. and Rasier-DC, LLC request a second extension of time to respond to the Complaint, citing that Mr. Velasquez is an indispensable party. (DE #15 at para. 3). I find good cause to grant Defendants' Motion. Accordingly, Defendants Uber Technologies, Inc. and Rasier-DC, LLC's deadline to respond to Plaintiff's Amended Complaint (DE #5 ) is extended to April 2, 2022. Signed by Judge Donald M. Middlebrooks on 3/7/2022. (kal) [Transferred from Florida Southern on 4/26/2022.]
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| Filing 15 Second MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint/Amended Notice of Removal by Rasier LLC, Rasier-CA, LLC, Uber Technologies, Inc.. (Attachments: #1 Text of Proposed Order Order)(Jones Adams, Veresa) [Transferred from Florida Southern on 4/26/2022.] |
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Filing 14
PAPERLESS ORDER granting #13 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs request a second extension of time to serve the Complaint on Defendant Carlos Ivan Silva Velasquez. Plaintiffs' Motion describes in detail the attempts at service made by its process server and Plaintiffs' other efforts at effectuating service, including contacting Defendant Velasquez's attorney. (DE #13 at paras. 59). I will extend Plaintiffs' deadline one final time in the interest of allowing this case to proceed and because the other Defendants do not oppose the relief requested. Accordingly, Plaintiffs' deadline to serve Defendant Velasquez is extended to March 25, 2022. Failure to serve Defendant Velasquez by this date may result in dismissal of Plaintiffs' claims against him without prejudice. Signed by Judge Donald M. Middlebrooks on 2/25/2022. (kal) [Transferred from Florida Southern on 4/26/2022.]
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| Filing 13 Unopposed MOTION for Extension of Time to Serve Complaint re #1 Complaint, by Aubrey Rubin, Stephanie Rubin, Damian Trejo. Responses due by 3/10/2022 (Attachments: #1 Text of Proposed Order)(Norbraten, Todd) [Transferred from Florida Southern on 4/26/2022.] |
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Filing 12
PAPERLESS ORDER granting in part #11 Defendants Uber Technologies, Inc. and Raiser-DC, LLC's Unopposed Motion for Enlargement of Time. Defendants' deadline to respond to Plaintiffs' First Amended Complaint (DE #5 ) is February 15, 2022. Defendants seek a thirty-day extension of this deadline, citing: (1) the need for additional time to investigate Plaintiffs' allegations; and (2) the fact that an allegedly indispensable party has not yet been served and Plaintiffs' extension of time until February 25, 2022 to effectuate that service. (DE #11 ) at 23). I find good cause to grant Defendants' Motion in part. Accordingly, the deadline for Defendants Uber and Raiser-DC to respond to Plaintiffs' Complaint is extended to March 4, 2022. Signed by Judge Donald M. Middlebrooks on 2/15/2022. (kal) [Transferred from Florida Southern on 4/26/2022.]
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| Filing 11 First MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint/Amended Notice of Removal by Rasier LLC, Rasier-CA, LLC, Uber Technologies, Inc.. Attorney Veresa Jones Adams added to party Rasier LLC(pty:dft), Attorney Veresa Jones Adams added to party Rasier-CA, LLC(pty:dft), Attorney Veresa Jones Adams added to party Uber Technologies, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order Order)(Jones Adams, Veresa) [Transferred from Florida Southern on 4/26/2022.] |
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Filing 10
ORDER granting in part and denying in part #9 Motion for Extension of Time to Serve Complaint. Signed by Judge Donald M. Middlebrooks on 2/3/2022. See attached document for full details. (ls) [Transferred from Florida Southern on 4/26/2022.]
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| Filing 9 Plaintiff's MOTION for Extension of Time to Serve Complaint Upon Defendant Velasquez re #5 Amended Complaint/Amended Notice of Removal by Aubrey Rubin, Stephanie Rubin, Damian Trejo. Responses due by 2/16/2022 (Attachments: #1 Text of Proposed Order Order)(Norbraten, Todd) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Stephanie Rubin, Damian Trejo, Aubrey Rubin. Rasier LLC served on 1/25/2022, response/answer due 2/15/2022; Rasier-CA, LLC served on 1/25/2022, response/answer due 2/15/2022; Uber Technologies, Inc. served on 1/26/2022, response/answer due 2/16/2022. (Attachments: #1 Affidavit Rasier LLC, #2 Affidavit Rasier-CA LLC, #3 Affidavit Uber)(Norbraten, Todd) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 7 Summons Issued as to Rasier LLC, Rasier-CA, LLC, Carlos Ivan Silva Velasquez, Uber Technologies, Inc. (drz) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 6 NOTICE of Filing Proposed Summons(es) by Aubrey Rubin, Stephanie Rubin, Damian Trejo re #5 Amended Complaint/Amended Notice of Removal filed by Aubrey Rubin, Stephanie Rubin, Damian Trejo (Attachments: #1 Summon(s) Rasier LLC, #2 Summon(s) Rasier-CA LLC, #3 Summon(s) Uber, #4 Summon(s) Velasquez) (Norbraten, Todd) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 5 First AMENDED COMPLAINT against All Defendants, filed by Stephanie Rubin, Damian Trejo, Aubrey Rubin. (Attachments: #1 Exhibit A)(Norbraten, Todd) [Transferred from Florida Southern on 4/26/2022.] |
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Filing 4
PAPERLESS ORDER REQUIRING AMENDED COMPLAINT. In their Complaint (DE #1 ), Plaintiffs assert that this Court has subject matter jurisdiction over this case based on diversity but does not allege the facts necessary to plead diversity. Specifically, the party asserting diversity must provide the citizenship of all the members of a limited liability company ("LLC") party. See Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990). Defendants Rasier, LLC and Rasier-CA, LLC are LLCs. (DE #1 at para. 7). Although Plaintiffs state that "[b]oth Rasier[,] LLC and Rasier-CA, LLC have their principal place of business in San Francisco, California, and conduct business throughout the United States," they do not state how many members are in the LLCs or provide the citizenships of those members (see id.), which is necessary to determine their citizenship for purposes of diversity. Therefore, on or before November 12, 2021, Plaintiffs shall file an Amended Complaint that clearly states the members of the LLCs and their citizenships, see 28 U.S.C. 1332(c)(1), and therefore clearly establishes diversity jurisdiction. Signed by Judge Donald M. Middlebrooks on 11/5/2021. (kal) [Transferred from Florida Southern on 4/26/2022.]
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| Filing 3 Clerks Notice to Filer re: Summonses cannot be issued. Attorneys' return address is not listed. (scn) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (scn) [Transferred from Florida Southern on 4/26/2022.] |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15150197, filed by Stephanie Rubin, Damian Trejo, Aubrey Rubin. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Rasier, #3 Summon(s) Uber, #4 Summon(s) Velasquez)(Norbraten, Todd) [Transferred from Florida Southern on 4/26/2022.] |
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