Austin v. Lyft, Inc.
| George Jarvis Austin |
| Lyft, Inc. |
| 3:2021cv09345 |
| December 2, 2021 |
| US District Court for the Northern District of California |
| Maxine M Chesney |
| Joseph C Spero |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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Filing 146
ORDER of USCA as to #138 Notice of Appeal to the Ninth Circuit No. 22-16333, filed by George Jarvis Austin. (jlg, COURT STAFF) (Filed on 2/22/2023)
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Filing 145
AMENDED DOCUMENT by George Jarvis Austin. Amendment to #139 USCA Case Number, #140 USCA Order, #138 Notice of Appeal to the Ninth Circuit,,, Re: Timeframe in Discrimination while seeking contract, not in performance of contract, as Defendant LYFT admits no employment contract exists (or ever has), and the discriminatory conduct affirmatively admitted by Defendant (without any basis except discriminatory animus).. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(Austin, George) (Filed on 10/14/2022)
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Filing 144
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION. Signed by Judge Maxine M. Chesney on September 12, 2022. (mmclc2, COURT STAFF) (Filed on 9/12/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 143
MOTION to Alter Judgment , MOTION for New Trial due to clear abuses of power combined with lack of consent and major Equal Protection, and Due Process violations, MOTION for Recusal , MOTION for Reconsideration re #136 Order,,, Terminate Motions,, #141 Order,, Terminate Motions, #135 Amended Document, #142 Judgment, #138 Notice of Appeal to the Ninth Circuit,,, #133 Affidavit,, , MOTION to Reassign Case , MOTION to Reopen Case , MOTION to Set Aside Judgment , MOTION to Disqualify Judge filed by George Jarvis Austin. Motion Hearing set for 1/20/2023 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 9/23/2022. Replies due by 9/30/2022. (Austin, George) (Filed on 9/9/2022)
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Filing 142
CLERK'S JUDGMENT. (ahm, COURT STAFF) (Filed on 9/9/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 141
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION; VACATING HEARING. Signed by Judge Maxine M. Chesney on September 9, 2022. (mmclc2, COURT STAFF) (Filed on 9/9/2022) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 140
ORDER of USCA as to #138 Notice of Appeal to the Ninth Circuit No. 22-16333, filed by George Jarvis Austin. (wsn, COURT STAFF) (Filed on 9/6/2022)
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Filing 139
USCA Case Number 22-16333 U.S. Court of Appeals for the Ninth Circuit for #138 Notice of Appeal to the Ninth Circuit, filed by George Jarvis Austin. (wsn, COURT STAFF) (Filed on 9/6/2022)
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Filing 138
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by George Jarvis Austin. Appeal of MOTION to Amend/Correct #136 Order,,, Terminate Motions,, #135 Amended Document, #132 Jury Demand,, as Defense Lied No Contract in the Hiring Process, and thus No sub clause of arbitration agreement was agreed to by Mr. Austin (as the pro MOTION to Alter Judgment MOTION for Reconsideration MOTION to Reassign Case MOTION to Set Aside MOTION to Reopen Case #137 , Jury Demand,, #132 , Order,, #136 , Amended Document, #135 , Affidavit,, #133 (Appeal fee FEE NOT PAID.) (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit)(Austin, George) (Filed on 9/5/2022) No. 22-16333 Modified on 9/6/2022 (wsn, COURT STAFF).
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Filing 137
MOTION to Amend/Correct #136 Order,,, Terminate Motions,, #135 Amended Document, #132 Jury Demand,, as Defense Lied No Contract in the Hiring Process, and thus No sub clause of arbitration agreement was agreed to by Mr. Austin (as the process did not get that far, and thus reversed. Further, Mr. Austin in fact did not give consent to Jurisdiction to Hon. Chesney alternatively Magistrate, MOTION to Alter Judgment , MOTION for Reconsideration , MOTION to Reassign Case , MOTION to Set Aside , MOTION to Reopen Case filed by George Jarvis Austin. Motion Hearing set for 12/16/2022 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 9/16/2022. Replies due by 9/23/2022. (Austin, George) (Filed on 9/2/2022)
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Filing 136
ORDER GRANTING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND DISMISS ACTION; VACATING HEARING; DISMISSING ACTION. Defendant's motion to compel arbitration is granted. The action is dismissed without prejudice to plaintiff's pursuing arbitration of his claims. Signed by Judge Maxine M. Chesney on September 2, 2022. (mmclc2, COURT STAFF) (Filed on 9/2/2022) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 135
AMENDED DOCUMENT by George Jarvis Austin. Amendment to #133 Affidavit,, #132 Jury Demand,, . (Attachments: #1 Affidavit Forthcoming Motion in Mr. Austin's Favor as LYFT admits its discriminatory practices in writing with direct evidence per Evidence Code - $25 Million Dollar Settlement in Plaintiff's Favor, Further Highlighting LYFT's Discriminatory Practices Against Him)(Austin, George) (Filed on 8/30/2022)
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Filing 134
REPLY (re #126 MOTION to Compel Notice of Motion and Motion to Compel Arbitration and Dismiss Action; Memorandum of Points and Authorities ) in Support of Motion to Compel Arbitration and Dismiss Action filed byLyft, Inc.. (Arnett, Ashley) (Filed on 8/30/2022)
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Filing 133
AFFIDAVIT re #129 Proposed Findings of Fact, #132 Jury Demand,, #130 Proposed Order, As Court Requested - COURTESY COPIES RECEIVED SIGNED BY D.C. on August 27, 2022, 11:41 am) by George Jarvis Austin. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit, #10 Affidavit, #11 Affidavit, #12 Affidavit, #13 Affidavit LYFT's $25 Million Dollar Settlement (actually in Mr. Austin's favor further reinforcing his causes of action and position))(Austin, George) (Filed on 8/28/2022)
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Filing 132
DEMAND for Trial by Jury by George Jarvis Austin. (Attachments: #1 Proposed Order Jury Demand, Defendant LYFTs admitted direct evidence in hiring process before employment contract was presented, nor agreed to, no meeting of minds, no offer, no acceptance. and thus no sub clause of that contract has any bearing whatsoever, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit, #10 Affidavit, #11 Affidavit, #12 Affidavit, #13 Affidavit LYFT's $25 Million Dollar Settlement (actually in Mr. Austin's favor further reinforcing his causes of action and position))(Austin, George) (Filed on 8/25/2022)
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Filing 131
ORDER DIRECTING PLAINTIFF TO SUBMIT COURTESY COPIES IN COMPLIANCE WITH COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on August 22, 2022. (mmclc2, COURT STAFF) (Filed on 8/22/2022) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 130
Proposed Order re Set/Reset Hearings, #3 Initial Case Management Scheduling Order with ADR Deadlines,,, #129 Proposed Findings of Fact, #127 Opposition/Response to Motion,, by George Jarvis Austin. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit, #10 Affidavit)(Austin, George) (Filed on 8/21/2022)
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Filing 129
Proposed Findings of Fact by George Jarvis Austin Per General Order 71 Disclosure Requirements in Response to LYFT. (Attachments: #1 Affidavit LYFT's Request for Consent to Background Check in Nov. 2021, #2 Affidavit 3rd example of Background Check Clean and Clear, #3 Affidavit Other examples during same time frame of passed Background Checks All Clean and Clear (proving LYFT's violations))(Austin, George) (Filed on 8/11/2022)
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Filing 128
ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference currently scheduled for September 2, 2022, is continued to November 18, 2022, at 10:00 a.m. A Joint Case Management Conference Statement shall be filed no later than November 10, 2022. Signed by Judge Maxine M. Chesney on August 10, 2022. (mmclc2, COURT STAFF) (Filed on 8/10/2022) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Set/Reset Deadlines:, Set/Reset Hearing re #128 Order,, Joint Case Management Statement due by 11/10/2022. Initial Case Management Conference reset to 11/18/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 8/10/2022)
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Set/Reset Hearing re #128 Order,, Initial Case Management Conference set for 11/18/2022 10:00 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 8/10/2022)
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Filing 127
OPPOSITION/RESPONSE (re #126 MOTION to Compel Notice of Motion and Motion to Compel Arbitration and Dismiss Action; Memorandum of Points and Authorities ) As Mr. George Jarvis Austin neither signed nor agreed to any mandatory arbitration agreement in his Nov.-Oct. hiring process which was improperly and illegally stopped due to discrimination, deceit, and defamation by LYFT as Mr. Austin's background is completely clean, and clear (See Docket). Because the hiring process did not get far enough to sign or opt of agreement, none governs, and LYFT's motion should be DENIED as irrelevant to the tasks, and causes of action at hand. filed byGeorge Jarvis Austin. (Austin, George) (Filed on 8/9/2022)
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Filing 126
MOTION to Compel Notice of Motion and Motion to Compel Arbitration and Dismiss Action; Memorandum of Points and Authorities filed by Lyft, Inc.. Motion Hearing set for 9/16/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 8/23/2022. Replies due by 8/30/2022. (Attachments: #1 Declaration of Ashley N. Arnett in Support of Defendant Lyft, Inc.'s Motion to Compel Arbitration and Dismiss Action, #2 Declaration of Yvonne Tsai in Support of Defendant Lyft, Inc.'s Motion to Compel Arbitration and Dismiss Action, #3 Declaration of Ryan McGowan in Support of Defendant Lyft, Inc.'s Motion to Compel Arbitration and Dismiss Action, #4 [Proposed] Order Granting Defendant's Motion to Compel Arbitration and Dismiss Action)(Arnett, Ashley) (Filed on 8/9/2022)
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Filing 125
CASE MANAGEMENT STATEMENT Plaintiff Pro Se's prior to Collaboration with LYFT's Defense -- Minimum Demand: filed by George Jarvis Austin. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit)(Austin, George) (Filed on 7/24/2022)
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Filing 124
NOTICE re #74 Amended Complaint, #75 Appendix & Notice of $25 Million Dollar Settlement in Plaintiff's Favor by George Jarvis Austin. (Attachments: #1 Affidavit $25 Million Dollar Settlement in Plaintiff's Favor, Further Highlighting LYFT's Discriminatory Practices Against Him, #2 Affidavit, #3 Affidavit, #4 Affidavit Background All Clear, Spotless, and Passed)(Austin, George) (Filed on 6/17/2022) Modified on 6/21/2022 (ark, COURT STAFF).
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Filing 123
ORDER DENYING PLAINTIFF'S MOTION TO FILE SECOND AMENDED COMPLAINT; VACATING HEARING. Signed by Judge Maxine M. Chesney on June 16, 2022. (mmclc2, COURT STAFF) (Filed on 6/16/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 122
AFFIDAVIT in Support re #116 MOTION to Amend/Correct #114 Amended Complaint, #112 ADMINISTRATIVE MOTION Move/Change Case Management Date re #107 Case Management Scheduling Order, MOTION to Amend/Correct #107 Case Management Scheduling Order, MOTION for Leave to File incorporating Defendants LYFT, and Arnett, liability in concert under 42 USC 1985 (in deprivation of, and attempt to intimidate, or prevent excercize of, Mr. Austin's Constitutional Rights) Minimum Demand remains $, #117 MOTION to Amend/Correct 113 Notice of Additional Parties, #114 Amended Complaint, #116 MOTION to Amend/Correct #114 Amended Complaint, #112 ADMINISTRATIVE MOTION Move/Change Case Management Date re #107 Case Management Scheduling filed byGeorge Jarvis Austin. (Related document(s) #116 , #117 ) (Austin, George) (Filed on 6/2/2022)
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#Electronic filing error.A proposed amended complaint should be filed as an exhibit to the motion for leave to file and not as a separate docket entry. Corrected by Corrected by Cl erk's Office. No further action is necessary. Re: #121 Amended Document filed by George Jarvis Austin (ark, COURT STAFF) (Filed on 5/19/2022)
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Filing 121
AMENDED DOCUMENT by George Jarvis Austin. Amendment to #114 Amended Complaint, . (Attachments: #1 Affidavit, #2 Affidavit)(Austin, George) (Filed on 5/18/2022)
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Filing 120
OPPOSITION/RESPONSE (re #116 MOTION to Amend/Correct #114 Amended Complaint, #112 ADMINISTRATIVE MOTION Move/Change Case Management Date re #107 Case Management Scheduling Order, MOTION to Amend/Correct #107 Case Management Scheduling Order, MOTION for Leave to File incorporating Defendants LYFT, and Arnett, liability in concert under 42 USC 1985 (in deprivation of, and attempt to intimidate, or prevent excercize of, Mr. Austin's Constitutional Rights) Minimum Demand remains $, #117 MOTION to Amend/Correct 113 Notice of Additional Parties, #114 Amended Complaint, #116 MOTION to Amend/Correct #114 Amended Complaint, #112 ADMINISTRATIVE MOTION Move/Change Case Management Date re #107 Case Management Scheduling ) filed byLyft, Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Proposed Order)(Arnett, Ashley) (Filed on 5/18/2022)
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Filing 119
ORDER GRANTING PLAINTIFF'S "ADMINISTRATIVE MOTION/AMEND CASE MANAGEMENT DATE"; CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference currently scheduled for June 10, 2022, is continued to September 2, 2022, at 10:00 a.m. The parties shall file a Joint Case Management Conference Statement no later than August 26, 2022. Signed by Judge Maxine M. Chesney on May 10, 2022. (mmclc2, COURT STAFF) (Filed on 5/10/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Set/Reset Deadlines:, Set/Reset Hearing re #119 Order,,, Terminate Motions,, Joint Case Management Statement due by 8/26/2022. Initial Case Management Conference reset to 9/2/2022 at 10:00 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 5/10/2022)
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Filing 118
Request for Judicial Notice re #112 ADMINISTRATIVE MOTION Move/Change Case Management Date re #107 Case Management Scheduling Order, MOTION to Amend/Correct #107 Case Management Scheduling Order, , #116 MOTION to Amend/Correct #114 Amended Complaint, #112 ADMINISTRATIVE MOTION Move/Change Case Management Date re #107 Case Management Scheduling Order, MOTION to Amend/Correct #107 Case Management Scheduling Order, MOTION for Leave to File incorporating Defendants LYFT, and Arnett, liability in concert under 42 USC 1985 (in deprivation of, and attempt to intimidate, or prevent excercize of, Mr. Austin's Constitutional Rights) Minimum Demand remains $ 5,000,000 See Dckt#114; Mr. Austin's availability filed byGeorge Jarvis Austin. (Related document(s) #112 , #116 ) (Austin, George) (Filed on 5/6/2022)
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Filing 117
MOTION to Amend/Correct 113 Notice of Additional Parties, #114 Amended Complaint, #116 MOTION to Amend/Correct #114 Amended Complaint, #112 ADMINISTRATIVE MOTION Move/Change Case Management Date re #107 Case Management Scheduling Order, MOTION to Amend/Correct #107 Case Management Scheduling Order, MOTION for Leave to File incorporating Defendants LYFT, and Arnett, liability in concert under 42 USC 1985 (in deprivation of, and attempt to intimidate, or prevent excercize of, Mr. Austin's Constitutional Rights) Minimum Demand remains $ 5,000,000 with Amended Complaint filed as separate event as Clerk instructed See Dckt#114 filed by George Jarvis Austin. Motion Hearing set for 9/2/2022 10:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 5/20/2022. Replies due by 5/27/2022. (Austin, George) (Filed on 5/6/2022)
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#Electronic filing error. Proposed Defendant Arnett has been removed from docket as Judge has not yet ruled on the Motion for Second Amended complaint at #116 . Corrected by Clerk& #039;s Office. No further action is necessary. Re: 113 Notice of Additional Parties filed by George Jarvis Austin (ark, COURT STAFF) (Filed on 5/6/2022)
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#Electronic filing error. A proposed amended complaint should be filed as an exhibit to the motion for leave to file and not as a separate docket entry. Corrected by Clerk's O ffice. No further action is necessary. Re: #114 Amended Complaint, filed by George Jarvis Austin (ark, COURT STAFF) (Filed on 5/6/2022)
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Filing 116
MOTION to Amend/Correct #114 Amended Complaint, #112 ADMINISTRATIVE MOTION Move/Change Case Management Date re #107 Case Management Scheduling Order, MOTION to Amend/Correct #107 Case Management Scheduling Order, , MOTION for Leave to File incorporating Defendants LYFT, and Arnett, liability in concert under 42 USC 1985 (in deprivation of, and attempt to intimidate, or prevent excercize of, Mr. Austin's Constitutional Rights) Minimum Demand remains $5,000,000 filed by George Jarvis Austin. Motion Hearing set for 9/2/2022 10:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 5/19/2022. Replies due by 5/26/2022. (Attachments: #1 Affidavit, #2 Appendix)(Austin, George) (Filed on 5/5/2022)
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Filing 115
Proposed Summons. (Attachments: #1 Affidavit incorporating Defendants LYFT, and Arnett, liability in concert under 42 USC 1985 (in deprivation of, and attempt to intimidate, or prevent excercize of, Mr. Austin's Constitutional Rights) Minimum Demand remains $5,000,000)(Austin, George) (Filed on 5/5/2022)
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Filing 114
PROPOSED AMENDED COMPLAINT Second incorporating Defendants LYFT, and Arnett, liability in concert under 42 USC 1985 (in deprivation of, and attempt to intimidate, or prevent excercize of, Mr. Austin's Constitutional Rights) Minimum Demand remains $5,000,000. against All Defendants. Filed byGeorge Jarvis Austin. (Austin, George) (Filed on 5/5/2022) Modified on 5/6/2022 (ark, COURT STAFF).
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Filing 113
Notice of Additional Parties: the following parties are listed on and have been added to this case: Ashely Arnett. (This is a text-only entry.) (Austin, George) (Filed on 5/5/2022)
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Filing 112
ADMINISTRATIVE MOTION Move/Change Case Management Date re #107 Case Management Scheduling Order, , MOTION to Amend/Correct #107 Case Management Scheduling Order, filed by George Jarvis Austin. Responses due by 5/6/2022. Motion Hearing set for 9/2/2022 10:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 5/16/2022. Replies due by 5/23/2022. (Austin, George) (Filed on 5/2/2022)
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Filing 111
Letter with Exhibits re #10 Redacted Document, #11 Letter, from same Company LYFT contracts with, again. by George Jarvis Austin. (Attachments: #1 3rd Example of LYFT's deception, defamation, and intentional discrimination provided from Checkr run this month (April) All Clear, and Spotless - minimum Demand still $5,000,000.00 due to LYFT's conduct)(Austin, George) (Filed on 4/24/2022) Modified on 4/25/2022 (ark, COURT STAFF).
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Filing 110
ORDER DENYING PLAINTIFF'S "MOTION FOR JUDGMENT FOR PLAINTIFF"; VACATING HEARING; DIRECTIONS TO PLAINTIFF. Signed by Judge Maxine M. Chesney on April 22, 2022. (mmclc2, COURT STAFF) (Filed on 4/22/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 109
MOTION for Judgment on the Pleadings Granting Plaintiff's Motion for Judgment in Plaintiff's Favor as he is entitled to Judgment on face of pleadings, and Defendant affirmatively admits conduct, with attempt to deflect, but not defend., MOTION for Judgment as a Matter of Law filed by George Jarvis Austin. Motion Hearing set for 6/3/2022 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 5/4/2022. Replies due by 5/11/2022. (Attachments: #1 Affidavit filed redacted Background Checks ALL clear, and spotless from same service, same time period, and even more invasive proving LYFT's outright discriminatory, defamatory, and deceitful (as they admit)l conduct, #2 Affidavit, #3 Affidavit FAC (Amended Complaint), #4 Appendix TOA FAC (Amended Complaint), #5 Proposed Order as Defendant LYFT affirmatively admits conduct that entitles Plaintiff to Judgment, on the face of complaint, w/ $5,000,000 million minimum demand)(Austin, George) (Filed on 4/20/2022)
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Filing 108
ORDER DENYING PLAINTIFF'S "MOTION FOR JUDGMENT FOR PLAINTIFF"; DEEMING PLAINTIFF'S "RESPONSE & MOTION FOR JUDGMENT FOR PLAINTIFF" WITHDRAWN; VACATING HEARING. Signed by Judge Maxine M. Chesney on April 20, 2022. (mmclc2, COURT STAFF) (Filed on 4/20/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 107
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 6/10/2022 at 10:00 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 6/3/2022. Signed by Judge Maxine M. Chesney on 4/20/2022. (tl, COURT STAFF) (Filed on 4/20/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 106
First MOTION for Judgment as a Matter of Law Granting Plaintiff's Motion for Judgment in Plaintiff's Favor, First MOTION for Judgment on the Pleadings Granting Plaintiff's Motion for Judgment in Plaintiff's Favor filed by George Jarvis Austin. Motion Hearing set for 6/3/2022 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 5/3/2022. Replies due by 5/10/2022. (Attachments: #1 Affidavit filed redacted Background Checks ALL clear, and spotless from same service, same time period, and even more invasive proving LYFT's outright discriminatory, defamatory, and deceitful conduct, #2 Affidavit, #3 Affidavit FAC (Amended Comp.), #4 Appendix TOA FAC (Amended Complaint), #5 Proposed Order w/ $5,000,000 million minimum demand)(Austin, George) (Filed on 4/19/2022)
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Filing 105
Response re #74 Amended Complaint, #103 Answer to Amended Complaint byGeorge Jarvis Austin. (Attachments: #1 Appendix Table of Authority(ies) per Response to Answer re: (FAC) Amended Complaint w/ $5,000,000 million minimum demand)(Austin, George) (Filed on 4/18/2022)
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Filing 104
Certificate of Interested Entities by Lyft, Inc. (Arnett, Ashley) (Filed on 4/18/2022)
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Filing 103
ANSWER to Amended Complaint byLyft, Inc.. (Arnett, Ashley) (Filed on 4/18/2022)
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Filing 102
MANDATE of USCA as to #49 Notice of Appeal to the Ninth Circuit No. 22-15114 filed by George Jarvis Austin. (wsn, COURT STAFF) (Filed on 4/12/2022)
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Filing 101
ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT; DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION; DENYING PLAINTIFF'S MOTION TO REMOVE FILINGS; VACATING HEARING. Signed by Judge Maxine M. Chesney on April 12, 2022. (mmclc2, COURT STAFF) (Filed on 4/12/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 100
Clerk's DECLINATION OF DEFAULT as to Lyft, Inc. The Court has issued an #84 Order extending the time for the Defendant to respond to the First Amended Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #79 )(wsn, COURT STAFF) (Filed on 4/4/2022)
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Filing 99
OPPOSITION/RESPONSE (re #85 First MOTION for Reconsideration re #84 Order,, Terminate Motions, #82 First MOTION for Default Judgment by the Court as to AMENDED COMPLAINT by Personal Service with response date past due, GRANTED for Plaintiff against Defendant LyftFir, #82 First MOTION for Default Judgment by the Court as to AMENDED COMPLAINT by Personal Service with response date past due, GRANTED for Plaintiff against Defendant LyftFirst MOTION for Entry of Default AMENDED COMPLAINT by Personal Service with response date past due, GRANTED for Plaintiff against Defendant Lyft, #79 First MOTION for Default Judgment by the Clerk as to AMENDED COMPLAINT by Personal Service - (process server personally delivering copies - to Person Authorized to Accept Service of Process)First MOTION for Entry of Default ) (Defendant Lyft, Inc.'s Opposition to Plaintiff's Motions for Default Judgment) filed byLyft, Inc.. (Arnett, Ashley) (Filed on 4/4/2022)
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Filing 98
Request for Judicial Notice for a Northern District e-filing Guide or Manual to proactively avoid filing issues (as Plaintiff has not identified one for this District; whereas other Districts and Circuits are not necessarily directly transferable, or applicable). filed byGeorge Jarvis Austin. (Austin, George) (Filed on 3/25/2022)
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Filing 97
First MOTION to Amend/Correct #93 Refund Status, #91 Application for Refund, #92 Refund Status, #81 Objection, #90 Application for Refund as duplicative, or incorrect label, First MOTION to Remove Incorrectly Filed Document filed by George Jarvis Austin. Motion Hearing set for 4/15/2022 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 4/8/2022. Replies due by 4/15/2022. (Austin, George) (Filed on 3/25/2022)
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Filing 96
Refund Status re #95 Application for Refund, Approved. (rgh, COURT STAFF) (Filed on 3/24/2022)
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Filing 95
Application for Refund re #91 Application for Refund, #94 Amended Document,, #92 Refund Status, #90 Application for Refund, #93 Refund Status, 88 Miscellaneous Case Filing Fee, 89 Miscellaneous Case Filing Fee, Receipt Number ACANDC-17013589 & ACANDC-17013613 (both require refunds) per Finance's Suggestions (included with Affidavits and Documentation/Proof for Cross Reference as needed). by George Jarvis Austin. (Attachments: #1 Affidavit ACANDC-17013613, #2 Certificate/Proof of Service ACANDC-17013613, #3 Certificate/Proof of Service ACANDC-17013589)(Austin, George) (Filed on 3/23/2022)
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Filing 94
AMENDED DOCUMENT by George Jarvis Austin. Amendment to #93 Refund Status, 88 Miscellaneous Case Filing Fee, #91 Application for Refund, #92 Refund Status, #90 Application for Refund, 89 Miscellaneous Case Filing Fee per Finance's Suggestions (included with Affidavits and Documentation/Proof for Cross Reference as needed).. (Attachments: #1 Affidavit ACANDC-17013613, #2 Certificate/Proof of Service UC Berkeley Email Confirmation - ACANDC-17013613, #3 Certificate/Proof of Service UC Berkeley Email Confirmation - ACANDC-17013589)(Austin, George) (Filed on 3/23/2022)
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Filing 93
Refund Status re #91 Application for Refund Declined. (rgh, COURT STAFF) (Filed on 3/23/2022)
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Filing 92
Refund Status re #90 Application for Refund Declined. (rgh, COURT STAFF) (Filed on 3/23/2022)
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Filing 91
Application for Refund re 89 Miscellaneous Case Filing Fee, Receipt Number ACANDC-17013613 by George Jarvis Austin. (Austin, George) (Filed on 3/21/2022)
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Filing 90
Application for Refund re 88 Miscellaneous Case Filing Fee, Receipt Number ACANDC-17013589 by George Jarvis Austin. (Austin, George) (Filed on 3/21/2022)
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Filing 89
FEE PAID (Filing fee$1.11,receipt number ACANDC-17013613). (Austin, George) (Filed on 3/21/2022)
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Filing 88
FEE PAID (Filing fee$1.11,receipt number ACANDC-17013589). (Austin, George) (Filed on 3/21/2022)
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Filing 87
ORDER of USCA dismissing appeals case as to #49 Notice of Appeal to the Ninth Circuit filed by George Jarvis Austin (ark, COURT STAFF) (Filed on 3/21/2022)
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Filing 86
NOTICE of Appearance by Candace Sheri Bertoldi (Bertoldi, Candace) (Filed on 3/17/2022)
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Filing 85
First MOTION for Reconsideration re #84 Order,, Terminate Motions, #82 First MOTION for Default Judgment by the Court as to AMENDED COMPLAINT by Personal Service with response date past due, GRANTED for Plaintiff against Defendant LyftFirst MOTION for Entry of Default AMENDED COMPLAINT by Personal Service with response date past due, GRANTED for Plaintiff against Defendant Lyft, #79 First MOTION for Default Judgment by the Clerk as to AMENDED COMPLAINT by Personal Service - (process server personally delivering copies - to Person Authorized to Accept Service of Process)First MOTION for Entry of Default (notes Due Process & Equal Protection Violation Concerns) filed by George Jarvis Austin. (Austin, George) (Filed on 3/15/2022)
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Filing 84
ORDER GRANTING EXTENSION OF TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT. The deadline for defendant to respond to plaintiff's First Amended Complaint is extended to April 18, 2022. Signed by Judge Maxine M. Chesney on March 15, 2022. (mmclc2, COURT STAFF) (Filed on 3/15/2022) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 83
Proposed Order re #82 First MOTION for Default Judgment by the Court as to AMENDED COMPLAINT by Personal Service with response date past due, GRANTED for Plaintiff against Defendant LyftFirst MOTION for Entry of Default AMENDED COMPLAINT by Personal Service with response date past due, GRANTED for Plaintiff against Defendant Lyft by Court, and Clerk as Defendant has provided no excuse, nor justification, for missing mandatory deadlines. by George Jarvis Austin. (Austin, George) (Filed on 3/14/2022)
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Filing 82
First MOTION for Default Judgment by the Court as to AMENDED COMPLAINT by Personal Service with response date past due, GRANTED for Plaintiff against Defendant Lyft, First MOTION for Entry of Default AMENDED COMPLAINT by Personal Service with response date past due, GRANTED for Plaintiff against Defendant Lyft filed by George Jarvis Austin. Motion Hearing set for 4/15/2022 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 3/28/2022. Replies due by 4/4/2022. (Austin, George) (Filed on 3/14/2022)
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Filing 81
OBJECTIONS to re #80 MOTION for Extension of Time to File Answer (to Respond to Plaintiff's First Amended Complaint) as no justification, nor good cause, was shown for Defendant's Delay, and Error(s) by George Jarvis Austin. (Austin, George) (Filed on 3/14/2022)
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Filing 80
MOTION for Extension of Time to File Answer (to Respond to Plaintiff's First Amended Complaint) filed by Lyft, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Arnett, Ashley) (Filed on 3/14/2022)
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Filing 79
First MOTION for Default Judgment by the Clerk as to AMENDED COMPLAINT by Personal Service - (process server personally delivering copies - to Person Authorized to Accept Service of Process), First MOTION for Entry of Default filed by George Jarvis Austin. (Attachments: #1 Affidavit FAC (Amended Comp.), #2 Appendix TOA FAC, #3 Proposed Order GRANTING Plaintiff's Motion for Entry of Judgment in Plaintiff's Favor)(Austin, George) (Filed on 3/11/2022)
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Filing 78
SUMMONS Returned Executed by George Jarvis Austin. All Defendants. AMENDED COMPLAINT by Personal Service - (process server personally delivering copies - to Person Authorized to Accept Service of Process), CERTIFICATE OF SERVICE by George Jarvis Austin re #74 Amended Complaint, #76 Acknowledgment of Service, (Austin, George) (Filed on 2/28/2022)
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Filing 77
Clerk's DECLINATION OF DEFAULT as to Defendant Lyft, Inc. Service via certified mail did not meet the requirements of California Code of Civil Procedure 415.30.Service of summons shall be filed on the Court's docket using the event Summons Returned Executed.The hearing noticed for 3/4/2022 is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #72 )(wsn, COURT STAFF) (Filed on 2/28/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 76
ACKNOWLEDGEMENT OF SERVICE Executed as to #74 Amended Complaint, #75 Appendix Lyft's Registered Agent of Service by Process Server (Successful service of process of Amended Complaint) full Service Paperwork, in entirety, shall be filed separately Acknowledgement filed by George Jarvis Austin. (Austin, George) (Filed on 2/26/2022)
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Filing 75
Appendix re #74 Amended Complaint (TOA) Table of Authority(ies) per (FAC) Amended Complaint filed byGeorge Jarvis Austin. (Related document(s) #74 ) (Austin, George) (Filed on 2/24/2022)
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Filing 74
AMENDED COMPLAINT against All Defendants. Filed byGeorge Jarvis Austin. (Austin, George) (Filed on 2/24/2022)
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Filing 73
Proposed Findings of Fact by George Jarvis Austin LER@lyft.com Extra Verification of Service, After Authorized Agent, and Headquarters (already served) - Summons Austin v. Lyft, 3:21-cv-09345 cdn.pacermonitor.com/public/case/42876376/Austin_v_Lyft,_Inc. (Austin, George) (Filed on 2/24/2022)
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Filing 72
First MOTION to Alter Judgment as Clerk is wrong and Lyft, CT corporation (authorized agent) was already served (5 days after mailing per - https://www.courts.ca.gov/selfhelp-serving.htm), First MOTION to Amend/Correct #64 Proposed Findings of Fact, #61 Proposed Findings of Fact,, #66 Proposed Findings of Fact, #65 Proposed Findings of Fact, #71 Proposed Findings of Fact, #70 Proposed Findings of Fact, 69 Clerk's Declination of Default,, #62 Proposed Findings of Fact, filed by George Jarvis Austin. Motion Hearing set for 3/4/2022 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 3/1/2022. Replies due by 3/3/2022. (Attachments: #1 Proposed Order as filed service paperwork, including return receipt (with tracking) filed on docket surpassing requirements - https://www.courts.ca.gov/selfhelp-serving.htm)(Austin, George) (Filed on 2/23/2022)
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Filing 71
Proposed Findings of Fact by George Jarvis Austin Support Confirmation of CT Corporation (Authorized Agent) of LYFT's, receipt of Service of Process (to accompany the additional verification methods) https://cdn.pacermonitor.com/public/case/42876376/Austin_v_Lyft,_Inc.. (Austin, George) (Filed on 2/23/2022)
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Filing 70
Proposed Findings of Fact by George Jarvis Austin Email Confirmation of LYFT's, receipt of Service of Process (to accompany the additional verification methods) https://cdn.pacermonitor.com/public/case/42876376/Austin_v_Lyft,_Inc. (Austin, George) (Filed on 2/23/2022)
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Filing 69
Clerk's DECLINATION OF DEFAULT as to Defendant Lyft, Inc.. Service via certified mail did not meet the requirements of California Code of Civil Procedure 415.30 (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #68 )(tn, COURT STAFF) (Filed on 2/23/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 68
First MOTION for Judgment as a Matter of Law in Plaintiff's favor, First MOTION for Judgment on the Pleadings in Plaintiff's favor, Third MOTION for Entry of Default in Plaintiff's favor, Third MOTION for Default Judgment by the Clerk as to LYFT's nonappearance, nor defense, in Plaintiff's favor, Third MOTION for Default Judgment by the Court as to LYFT's nonappearance, nor defense, in Plaintiff's favor filed by George Jarvis Austin. Motion Hearing set for 3/4/2022 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 2/24/2022. Replies due by 3/2/2022. (Attachments: #1 Proposed Order GRANTING Plaintiff's Motion for Default Judgment Against LYFT in Plaintiff's favor)(Austin, George) (Filed on 2/22/2022)
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Filing 67
Proposed Order re #64 Proposed Findings of Fact, #52 Amended Document, #61 Proposed Findings of Fact,, #55 Amended Document, #66 Proposed Findings of Fact, #1 Complaint, #65 Proposed Findings of Fact, #62 Proposed Findings of Fact, GRANTING Motion for Default Judgment for Plaintiff Against Defendant LYFT by George Jarvis Austin. (Austin, George) (Filed on 2/22/2022)
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Filing 66
Proposed Findings of Fact by George Jarvis Austin Lyft's SEC S-1 Documents corresponding same service address(es HQ & CT Authorized Agent) (for which Clerk and Court Default Judgment are passed due) See https://www.sec.gov/Archives/edgar/data/1759509/000119312519059849/d633517ds1.htm. (Austin, George) (Filed on 2/22/2022)
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Filing 65
Proposed Findings of Fact by George Jarvis Austin SEC Registration Documents corresponding same service address(es HQ & CT Authorized Agent) (for which Clerk and Court Default Judgment are passed due) See https://sec.report/CIK/0001759509. (Austin, George) (Filed on 2/22/2022)
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Filing 64
Proposed Findings of Fact by George Jarvis Austin Lyft's Two Listed Address With Secretary of State, with Secretary Dr. Weber, are same two address HQ (San Francisco) and Authorized Agent (Los Angeles) already served, to which Default Judgment is already passed due (by Clerk and Court).. (Austin, George) (Filed on 2/22/2022)
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Filing 63
ORDER DENYING PLAINTIFF'S MOTION FOR MISTRIAL; VACATING HEARING. Signed by Judge Maxine M. Chesney on February 22, 2022. (mmclc2, COURT STAFF) (Filed on 2/22/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 62
Proposed Findings of Fact by George Jarvis Austin See Dckt 10-11. (Attachments: #1 Affidavit Two 2 Background Checks utilizing same system (showing ALL CLEAR & CLEAN) demonstrating Lyft's Intentionally Discriminatory Behavior under section 1981 (and other areas), and Defamatory Conduct)(Austin, George) (Filed on 2/16/2022)
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#Electronic filing error. Incorrect event used for Motion for Mistrial. [err101]This filing will not be processed by the clerks office.Please re-file in its entirety using "De claration of Mistrial" Motions event. Re: #60 Amended Document, filed by George Jarvis Austin (ark, COURT STAFF) (Filed on 2/16/2022)
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Filing 61
Proposed Findings of Fact by George Jarvis Austin per Effectuated Legal Service on Lyft (via Authorized Agent, and their Headquarters as provided to their international membership, stakeholders, investors, and litigants). (Attachments: #1 Affidavit Detailed Explanation of Supreme Court Rules, Federal and CA service requirements, and their analysis per Supreme Court's Advisory Notes, Legislative History with Consent, and Participation of Key Federal Agencies (including Department of Justice).))(Austin, George) (Filed on 2/15/2022)
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Filing 60
AMENDED DOCUMENT by George Jarvis Austin. Amendment to #58 First MOTION for Declaration of Mistrial Due to Demonstrated Bias, Factual Lies on the Record, etc and misapplication of law, affidavit, and fact.. . (Austin, George) (Filed on 2/15/2022)
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Filing 59
MANDATE of USCA as to George Jarvis Austin (ark, COURT STAFF) (Filed on 2/15/2022)
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Filing 58
First MOTION for Declaration of Mistrial Due to Demonstrated Bias, Factual Lies on the Record, etc and misapplication of law, affidavit, and fact.. filed by George Jarvis Austin. Motion Hearing set for 2/25/2022 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 2/11/2022. Replies due by 2/18/2022. (Austin, George) (Filed on 2/9/2022)
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Filing 57
ORDER DENYING PLAINTIFF'S IFP REQUEST; DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION. Signed by Judge Maxine M. Chesney on February 9, 2022. (mmclc2, COURT STAFF) (Filed on 2/9/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 56
NOTICE by George Jarvis Austin re #52 Amended Document, #55 Amended Document, #53 First MOTION for Reconsideration re #52 Amended Document, #51 Order,, , #23 Summons Returned Executed, (Austin, George) (Filed on 2/1/2022)
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Filing 55
Proof of Mailing by George Jarvis Austin. Amendment to #50 Affidavit in Support of Motion Judicial Misconduct ("Delivered") with Tracking. (Austin, George) (Filed on 1/26/2022) Modified on 1/27/2022 (ark, COURT STAFF).
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Filing 54
USCA Case Number 22-15114 U.S. Court of Appeals for the Ninth Circuit for #49 Notice of Appeal to the Ninth Circuit filed by George Jarvis Austin. (ark, COURT STAFF) (Filed on 1/26/2022)
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Filing 53
First MOTION for Reconsideration re #52 Amended Document, #51 Order,, filed by George Jarvis Austin. (Attachments: #1 Summons Executed with Independently verifiable Tracking# also filed with time and date stamped upon receipt by Defendant (under the penalty of perjury to HQ and Agent surpassing CA, Fed, and Advisory Notes standards of effectuated service. 1) Tracking Number: 9505506698511344336919 2) Tracking Number: 9502606698511344336933 easily independently verifiable at https://tools.usps.com/go/TrackConfirmAction_input (or Google track USPS)., #2 Affidavit & Exhibit(s))(Austin, George) (Filed on 1/25/2022)
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Filing 52
AMENDED DOCUMENT by George Jarvis Austin. Amendment to #23 Summons Returned Executed, . (Attachments: #1 Summons Executed with Independently verifiable Tracking# also filed with time and date stamped upon receipt by Defendant (under the penalty of perjury to HQ and Agent surpassing CA, Fed, and Advisory Notes standards of effectuated service.)(Austin, George) (Filed on 1/25/2022)
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Filing 51
AMENDED ORDER DENYING OBJECTION TO REPORT AND RECOMMENDATION; ADOPTING REPORT AND RECOMMENDATION; DENYING PLAINTIFF'S IFP APPEAL MOTION; DENYING PLAINTIFF'S MOTION FOR CORRECTION; DIRECTIONS TO CLERK; VACATING HEARINGS. Signed by Judge Maxine M. Chesney on January 25, 2022. (mmclc2, COURT STAFF) (Filed on 1/25/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 50
AFFIDAVIT in Support of previous motion (and Notice of Judicial Misconduct in violation of Plaintiff's Constitutional Rights) filed byGeorge Jarvis Austin. (Austin, George) (Filed on 1/25/2022)
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Filing 49
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by George Jarvis Austin. Appeal of Order,,, Terminate Motions,, #48 (IFP Request was previously e-filed with the Court). (Austin, George) (Filed on 1/24/2022)
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Filing 48
ORDER DENYING OBJECTION TO REPORT AND RECOMMENDATION; ADOPTING REPORT AND RECOMMENDATION; DENYING PLAINTIFF'S IFP APPEAL MOTION; DENYING PLAINTIFF'S MOTION FOR CORRECTION; DIRECTIONS TO CLERK; VACATING HEARINGS. Signed by Judge Maxine M. Chesney on January 24, 2022. (mmclc2, COURT STAFF) (Filed on 1/24/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 47
AFFIDAVIT & NOTICE Clerk and Court of pending Due Process (Procedural, and Substantive),Violations against Plaintiff, as the Clerk was not only wrong, but affirmatively, and actively violating Plaintiffs Constitutionally guaranteed rights via incorrect, and unjust, application of Federal, and State law, regarding Federally Guaranteed Rights (incurring legal liability). by George Jarvis Austin. (Attachments: #1 Affidavit Ninth Circuit Opening Brief George (Jarvis) Austin v. Lyft (with more detailed analyis of substantial service under California Law, Federal Law, and Respective Rules)(Austin, George) (Filed on 1/24/2022)
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Filing 46
ORDER of USCA as to #37 Notice of Appeal to the Ninth Circuit,, filed by George Jarvis Austin (ark, COURT STAFF) (Filed on 1/24/2022)
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Filing 45
First MOTION to Alter Judgment improperly reassigned case by Hon. Magistrate JCS because 100% of appearing parties gave consent per various precedent (including Wilhelm v. Rotman, Roell v. Withrow, Allen v. Meyer, Anderson v. Woodcreek Venture Ltd., Civil Local Rule 73-1, 28 U.S.C. 636(c)), and Federal Magistrate Act filed by George Jarvis Austin. Motion Hearing set for 1/28/2022 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 1/25/2022. Replies due by 1/27/2022. (Attachments: #1 Affidavit More expansive analysis on Consent, and Magistrate Judge Jurisdiction)(Austin, George) (Filed on 1/24/2022)
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Filing 44
First MOTION to Amend/Correct 43 Clerk's Declination of Default,, as the Clerk was wrong under FRCP, CA CCP, various precedent, and Supreme Court's Advisory Notes on subject filed by George Jarvis Austin. Motion Hearing set for 1/28/2022 09:00 AM in Do Not Use To Be Determined before Judge Maxine M. Chesney. Responses due by 1/25/2022. Replies due by 1/27/2022. (Attachments: #1 Exhibit Motion For Entry of Default by Clerk 1/23/22, #2 Affidavit Ninth Circuit Opening Brief George (Jarvis) Austin v. Lyft (with more detailed analyis of Lyft's substantial service under California Law, Federal Law, and Respective Rules))(Austin, George) (Filed on 1/24/2022)
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Filing 43
Clerk's DECLINATION OF DEFAULT as to Lyft, Inc. Service via certified mail did not meet the requirements of California Code of Civil Procedure 415.30. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #42 )(ark, COURT STAFF) (Filed on 1/24/2022)
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Filing 42
Second MOTION for Default Judgment by the Clerk as to Lyft, due to non-appearance, nor answer, after double maximum deadline for allotted time per rule 55 filed by George Jarvis Austin. (Attachments: #1 Affidavit Ninth Circuit Opening Brief George (Jarvis) Austin v. Lyft (with more detailed analyis of Lyft's substantial service under California Law, Federal Law, and Respective Rules))(Austin, George) (Filed on 1/23/2022)
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Filing 41
Appellant's BRIEF by signed attorney of record (for himself), Pro Se, George Jarvis Austin Appellee Brief due by 3/7/2022. (Austin, George) (Filed on 1/23/2022)
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Filing 40
AFFIDAVIT re #1 Complaint by George Jarvis Austin. (Attachments: #1 Affidavit Identity Verification(s))(Austin, George) (Filed on 1/23/2022)
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Filing 39
USCA Case Number 22-15009 U.S. Court of Appeals for the Ninth Circuit (ark, COURT STAFF) (Filed on 1/4/2022)
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Filing 38
RECEIVED: Civil Appeals Docketing Statement forwarded to 9th Circuit US Court of Appeals by George Jarvis Austin re #37 Notice of Appeal to the Ninth Circuit,, #35 Notice of Appeal to the Ninth Circuit,, #33 Notice of Appeal to the Ninth Circuit,,, (Austin, George) (Filed on 1/4/2022)
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Filing 37
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by George Jarvis Austin. Appeal of Order Reassigning Case #34 , REPORT AND RECOMMENDATIONS re #27 First MOTION to Amend/Correct 26 Clerk's Declination of Default,, #18 First MOTION for Default Judgment by the Court as to Defendant Lyft, #23 Summons Returned Executed, as Service was Indeed #29 , Clerk's Declination of Default,, 26 , Order Reassigning Case,,, Case Assigned/Reassigned,, #36 (IFP Request was previously e-filed with the Court). (Attachments: #1 Affidavit 2 Filed Redacted Background Reports (See Dckt #10))(Austin, George) (Filed on 1/4/2022)
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Filing 36
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 01/04/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 1/4/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 35
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by George Jarvis Austin. Appeal of Order Reassigning Case #34 , Notice of Appeal to the Ninth Circuit,,, #33 , First MOTION to Amend/Correct 26 Clerk's Declination of Default,, #18 First MOTION for Default Judgment by the Court as to Defendant Lyft, #23 Summons Returned Executed, as Service was Indeed Effectuated per FRCP and CCP rules (a #27 (Attachments: #1 Affidavit 2 Filed Redacted Background Reports (See Dckt #10))(Austin, George) (Filed on 1/4/2022)
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Filing 34
ORDER REASSIGNING CASE.. Signed by Chief Magistrate Judge Joseph C. Spero on 1/4/2022. (klh, COURT STAFF) (Filed on 1/4/2022)
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Filing 33
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by George Jarvis Austin. Appeal of Response to Order to Show Cause #25 , REPORT AND RECOMMENDATIONS re #27 First MOTION to Amend/Correct 26 Clerk's Declination of Default,, #18 First MOTION for Default Judgment by the Court as to Defendant Lyft, #23 Summons Returned Executed, as Service was Indeed #29 , Objection, #31 , Notice (Other), #30 , First MOTION to Amend/Correct 26 Clerk's Declination of Default,, #18 First MOTION for Default Judgment by the Court as to Defendant Lyft, #23 Summons Returned Executed, as Service was Indeed Effectuated per FRCP and CCP rules (a #27 (IFP Request was previously e-filed with the Court). (Austin, George) (Filed on 1/3/2022)
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Filing 32
First MOTION for Leave to Appeal in forma pauperis or Order to Show Cause in Ninth Circuit filed by George Jarvis Austin. (Austin, George) (Filed on 1/3/2022)
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Filing 31
OBJECTIONS to re #29 REPORT AND RECOMMENDATIONS re #27 First MOTION to Amend/Correct 26 Clerk's Declination of Default,, #18 First MOTION for Default Judgment by the Court as to Defendant Lyft, #23 Summons Returned Executed, as Service was Indeed properly executed per FRCP, and CA CCP for certified mail, by George Jarvis Austin. (Austin, George) (Filed on 1/3/2022)
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Filing 30
NOTICE by George Jarvis Austin re #6 Consent/Declination to Proceed Before a US Magistrate Judge Plaintiff, 100% of parties who have appeared, Consented, not Declined Magistrate on this matter (and thus reassignment would be improper). (Austin, George) (Filed on 1/3/2022)
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Filing 29
REPORT AND RECOMMENDATIONS re pending motions. Objections due by 1/18/2022. THIS CASE SHALL BE REASSIGNED TO A DISTRICT JUDGE. All motion hearing dates are vacated. Signed by Judge Joseph C. Spero on January 3, 2022. (jcslc1, COURT STAFF) (Filed on 1/3/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 28
AFFIDAVIT in Support re #27 First MOTION to Amend/Correct 26 Clerk's Declination of Default,, #18 First MOTION for Default Judgment by the Court as to Defendant Lyft, #23 Summons Returned Executed, as Service was Indeed Effectuated per FRCP and CCP rules (a, #18 First MOTION for Default Judgment by the Court as to Defendant Lyft filed byGeorge Jarvis Austin. (Attachments: #1 Affidavit Lyft's Anti-Discrimination Policy (to which they are in violation without any justification whatsoever by their own admission, and service providers information).)(Related document(s) #27 , #18 ) (Austin, George) (Filed on 1/2/2022)
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Filing 27
First MOTION to Amend/Correct 26 Clerk's Declination of Default, #18 First MOTION for Default Judgment by the Court as to Defendant Lyft, #23 Summons Returned Executed, as Service was Indeed Effectuated per FRCP and CCP rules (and examples of the rules in the statutes) filed by George Jarvis Austin. Motion Hearing set for 1/14/2022 09:30 AM in Do Not Use To Be Determined before Magistrate Judge Joseph C. Spero. Responses due by 1/5/2022. Replies due by 1/12/2022. (Attachments: #1 Affidavit Austin v. LYFT, Motion to Amend Motion Date Clerk 1_14_22, 9a Clerk, Court, 1_14_22 9_30a per local rules, #2 Affidavit Response to Order to Show Cause) (Austin, George) (Filed on 12/22/2021) Modified on 12/23/2021 (kmg, COURT STAFF).
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Filing 26
Clerk's DECLINATION OF DEFAULT as to Lyft, Inc.Service via certified mail did not meet the requirements of California Code of Civil Procedure 415.30. A request for entry of default should be made when the appropriate amount of time has passed after proper service of the summons. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #22 , #24 )(wsn, COURT STAFF) (Filed on 12/22/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 25
RESPONSE TO ORDER TO SHOW CAUSE by George Jarvis Austin See Dckt 23 (Executed Summons per FRCP 4(h), CCP 415.30, and 415.20(a)). (Attachments: #1 Summons)(Austin, George) (Filed on 12/17/2021)
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Filing 24
First MOTION to Amend/Correct #22 First MOTION for Default Judgment by the Clerk as to per Honorable JCS's Order to Show Cause Instructions (to Pair with Proposed Order from the Court not to be enacted until 1pm on 1/13/22 per Rule 55 FRCP (1 hour prior to requested Date and T, #18 First MOTION for Default Judgment by the Court as to Defendant Lyft, #23 Summons Returned Executed, filed by George Jarvis Austin. Motion Hearing set for 1/14/2022 09:30 AM in Do Not Use To Be Determined before Magistrate Judge Joseph C. Spero. Responses due by 1/7/2022. Replies due by 1/12/2022. (Austin, George) (Filed on 12/17/2021)
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Filing 23
SUMMONS Returned Executed by George Jarvis Austin. served on 12/10/2021, answer due 1/3/2022 (Attachments: #1 Summons including respective documentation as per Hon. JCS Order Instructions - proper service has indeed been effectuated via Certified mail to Lyft, and its Agent (in Los Angeles) per rule 4 FRCP (h), CA CCP 415.20 (a))(Austin, George) (Filed on 12/14/2021)
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Filing 22
First MOTION for Default Judgment by the Clerk as to per Honorable JCS's Order to Show Cause Instructions (to Pair with Proposed Order from the Court not to be enacted until 1pm on 1/13/22 per Rule 55 FRCP (1 hour prior to requested Date and Time) filed by George Jarvis Austin. (Attachments: #1 Proposed Order (with Clerk to Pair with Proposed Order from the Court not to be enacted until 1/13/22 per Rule 55 FRCP, and met service requirements & Response to Order to Show Cause with Proper Service Requirements per rule 4 FRCP (h), CA CCP 415.20 (a) ), #2 Exhibit Elon Musk and Tesla get a lesson in Black confidence - - Baltimore Sun, #3 Exhibit A Black Ex-Tesla Employee Was Awarded $1 Million For Harassment.pdf, #4 Exhibit Tesla To Pay Employee $137 Million In Racial Abuse Lawsuit,, #5 Affidavit Filed Redacted Background See Dckt. 10-11)(Austin, George) (Filed on 12/13/2021)
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Filing 21
RESPONSE re #1 Complaint, #17 Summons Returned Executed, #20 Order to Show Cause, #18 First MOTION for Default Judgment by the Court as to Defendant Lyft Acknowledges the Court Order to Show Cause. Plaintiff shall Explain in Detail to the Court (and File respective documentation on the docket), Prior to Show Cause deadline 12/27/21, why proper service has already been effectuated via Certified mail to Lyft, and its Agent (in Los Angeles) per rule 4 FRCP (h), CA CCP 415.20 (a) [way before Date requested for DEFAULT JUDGMENT FOR PLAINTIFF 1/13/22] by George Jarvis Austin. (Attachments: #1 Summons)(Austin, George) (Filed on 12/13/2021)
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Filing 20
ORDER TO SHOW CAUSE WHY MOTION FOR DEFAULT JUDGMENT SHOULD NOT BE DENIED. Show Cause Response due by 12/27/2021. Signed by Judge Joseph C. Spero on December 13, 2021. (jcslc1, COURT STAFF) (Filed on 12/13/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 19
Exhibits re #18 First MOTION for Default Judgment by the Court as to Defendant Lyft Photo Affidavits & Identity Verification(s) filed byGeorge Jarvis Austin. (Related document(s) #18 ) (Austin, George) (Filed on 12/12/2021) Modified on 12/13/2021 (ark, COURT STAFF).
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Filing 18
First MOTION for Default Judgment by the Court as to Defendant Lyft filed by George Jarvis Austin. Motion Hearing set for 1/13/2022 02:00 PM in Do Not Use To Be Determined before Magistrate Judge Joseph C. Spero. Responses due by 12/27/2021. Replies due by 1/10/2022. (Attachments: #1 Proposed Order, #2 Exhibit Elon Musk and Tesla get a lesson in Black confidence - - Baltimore Sun, #3 Exhibit A Black Ex-Tesla Employee Was Awarded $1 Million For Harassment.pdf, #4 Exhibit Tesla To Pay Employee $137 Million In Racial Abuse Lawsuit, #5 Affidavit Filed Redacted Background See Dckt. 10-11)(Austin, George) (Filed on 12/11/2021)
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Filing 17
SUMMONS Returned Executed by George Jarvis Austin. Lyft, Inc. served on 12/10/2021, answer due 1/3/2022. (Austin, George) (Filed on 12/11/2021)
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Filing 16
Summons Issued as to Lyft, Inc.. (ark, COURT STAFF) (Filed on 12/10/2021)
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Filing 15
FEE PAID (Filing fee$402,receipt number ACANDC-16707119). (Austin, George) (Filed on 12/9/2021)
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Filing 14
APPLICATION for Writ of Summons to Civil Suit to Compel Defendant Lyft's Appearance (Within 21 days after service of this summons) See Docket #9 (Proposed Summons - Identical, but not yet issued) by George Jarvis Austin. (Attachments: #1 Summons Issue (Writ) Summons by Clerk against Defendants)(Austin, George) (Filed on 12/9/2021)
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Filing 13
ORDER by Judge Joseph C. Spero denying #12 Motion to Produce. The hearing noticed for December 10, 2021 at 2:00 pm is vacated. (jcslc1, COURT STAFF) (Filed on 12/9/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 12
First MOTION to Produce Issued Summons by Clerk filed by George Jarvis Austin. Motion Hearing set for 12/10/2021 02:00 PM in Do Not Use To Be Determined before Magistrate Judge Joseph C. Spero. Responses due by 12/23/2021. Replies due by 12/30/2021. (Austin, George) (Filed on 12/9/2021)
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Filing 11
Letter - 2 examples of Background Checks before and after requested by this company demonstrating "All Clear" and "Passed" with no issues whatsoever. by George Jarvis Austin. (Austin, George) (Filed on 12/8/2021) Modified on 12/9/2021 (ark, COURT STAFF).
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Filing 10
REDACTED Letter re #1 Complaint by George Jarvis Austin. (Austin, George) (Filed on 12/8/2021) Modified on 12/9/2021 (ark, COURT STAFF).
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Filing 9
Proposed Summons. (Austin, George) (Filed on 12/8/2021)
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Filing 8
Department of Justice TITLE VI LEGAL MANUAL CIVIL RIGHTS DIVISION U.S. DEPARTMENT OF JUSTICE - principles & examples in Complaint by George Jarvis Austin. (Austin, George) (Filed on 12/8/2021) Modified on 12/9/2021 (ark, COURT STAFF).
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Filing 7
Letter re Filing Fee by George Jarvis Austin. (Austin, George) (Filed on 12/8/2021) Modified on 12/9/2021 (ark, COURT STAFF).
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Filing 6
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by George Jarvis Austin.. (Austin, George) (Filed on 12/8/2021)
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Filing 5
*Duplicate of docket entry #1 * DEMAND for Trial by Jury by George Jarvis Austin. (Austin, George) (Filed on 12/8/2021) Modified on 12/9/2021 (ark, COURT STAFF).
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Filing 4
ORDER by Judge Joseph C. Spero denying #2 Motion for Leave to Proceed in forma pauperis. Plaintiff shall file an amended application or pay the filing fee by January 7, 2022. (jcslc1, COURT STAFF) (Filed on 12/8/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)Copy placed in O:Drive on 12-8-2021 Modified on 12/8/2021 (klh, COURT STAFF).
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Filing 3
Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 2/25/202 2. Initial Case Management Conference set for 3/4/2022 02:00 PM in San Francisco, - Videoconference Only. (ark, COURT STAFF) (Filed on 12/2/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by George Jarvis Austin. (ark, COURT STAFF) (Filed on 12/2/2021)
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Filing 1
COMPLAINT against Lyft, Inc.. Filed byGeorge Jarvis Austin. Consent/Declination due by 12/16/2021. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(ark, COURT STAFF) (Filed on 12/2/2021)
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| Search for this case: Austin v. Lyft, Inc. | |
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| Plaintiff: George Jarvis Austin | |
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| Defendant: Lyft, Inc. | |
| Represented By: | Candace Sheri Bertoldi |
| Represented By: | Ashley Nicole Arnett |
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