REZAEIDIVKOLAEI v. BIRD RIDES, INC
| POUYA REZAEIDIVKOLAEI |
| BIRD RIDES, INC |
| 1:2022cv01465 |
| May 25, 2022 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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MINUTE ORDER. Upon consideration of the defendant's #6 Motions to Dismiss and to Compel Arbitration, the plaintiff's #9 Response, and the defendant's #13 Reply, it is hereby ORDERED that the #6 Motion to Dismiss is DENIED and the #6 Motion to Compel Arbitration is GRANTED. The Federal Arbitration Act requires the Court to enter an order to arbitrate when there is "a written agreement for arbitration" and "the making of the agreement of arbitration or the failure to comply therewith is not in issue" and, "on application of one of the parties," to "stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement." 9 U.S.C. 3-4. The defendant has made a showing that "the parties entered into a valid and enforceable arbitration agreement" and "the arbitration agreement encompasses the claims raised in the complaint." Sheet Metal Workers' Int'l Ass'n v. United Transp. Union, 767 F. Supp. 2d 161, 169 (D.D.C. 2011) (citation omitted); see also Handzo Decl. para. 7-22, Dkt. #6 -4; Handzo Decl. Ex. B 9.2, Dkt. #6 -4; Compl. para. 15-44. The plaintiff has not objected to arbitration, nor has he responded to the defendant's motion to compel. See generally Response, Dkt. #9 . And he agrees that questions of arbitrability should be resolved by the arbitrator in the first instance. See id. at 3. Accordingly, the Court treats the defendant's motion as conceded. See LCvR 7(b). For these reasons, the parties are hereby COMPELLED to arbitrate this dispute. They are further ORDERED to file a joint status report, no later than October 12, 2022, informing the Court when arbitration proceedings begin. It is further ORDERED that this case be STAYED pending the resolution of arbitration and that the parties file a joint status report when the arbitration proceedings are completed. So Ordered by Judge Dabney L. Friedrich on July 5, 2022. (lcdlf3)
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| Case Stayed per Minute Order of July 5, 2022. (lcdlf3) |
| Filing 13 REPLY to opposition to motion re #6 MOTION to Dismiss for Lack of Jurisdiction MOTION to Compel filed by BIRD RIDES, INC. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Riede, Hans) |
| RESOLVED.....NOTICE of Provisional Status re #12 ERRATA (Conn, Lacey).Your attorney renewal has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 6/30/2022. (znm) Modified on 6/23/2022 (znm). |
| Filing 12 ERRATA Regarding Plaintiff's Response to Defendant's Motion to Compel by POUYA REZAEIDIVKOLAEI re #9 Response to motion filed by POUYA REZAEIDIVKOLAEI. (Attachments: #1 Exhibit Corrected - Response to Defendant's Motion to Compel)(Conn, Lacey) |
| Filing 11 MOTION for Leave to Late File Response by POUYA REZAEIDIVKOLAEI. (See Docket Entry #9 to view documents) (ztth) |
| Filing 10 Notice of Proposed Order re #6 MOTION to Dismiss for Lack of Jurisdiction MOTION to Compel Proposed order on Motion to Compel Arbitration filed by POUYA REZAEIDIVKOLAEI. (Peoples, Charles); Modified text and Docketing Event on 6/22/2022 (ztth). |
| Filing 9 RESPONSE re #6 MOTION to Dismiss for Lack of Jurisdiction MOTION to Compel filed by POUYA REZAEIDIVKOLAEI. (Peoples, Charles) |
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MINUTE ORDER. Upon consideration of the plaintiff's #9 Response to Defendant's Motion to Compel Arbitration and Dismiss and Motion for Leave to File Late Response, it is hereby ORDERED that the motion is GRANTED. For good cause shown, the Minute Order to Show Cause of June 17, 2022, is hereby DISCHARGED. The defendant is directed to file a reply on or before June 24, 2022, indicating whether it opposes the Court staying this case for arbitration and denying its #6 Motions to Dismiss and Compel without prejudice. So Ordered by Judge Dabney L. Friedrich on June 21, 2022. (lcdlf3)
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MINUTE ORDER. On June 1, 2022, the defendant filed its #6 Motion to Dismiss in this case. Local Civil Rule 7(b) provides that an opposition to a motion is due within 14 days of its filing. "[T]he Court may treat the motion as conceded" if the opposing party fails to comply with that time limit. LCvR 7(b). As of today, the docket reflects no such filing nor the filing of a motion for an extension of time. Accordingly, the plaintiff is hereby ORDERED TO SHOW CAUSE on or before June 21, 2022, why he has failed to comply with Rule 7(b), why the motion should not be granted as conceded, and why the case should not be dismissed for failure to prosecute. So Ordered by Judge Dabney L. Friedrich on June 17, 2022. (lcdlf3)
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| Filing 8 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BIRD RIDES, INC (Riede, Hans) |
| Filing 7 Receipt on 5/27/2022 of ORIGINAL FILE, certified copy of transfer order and docket sheet from Superior Court. Superior Court Number 2022 CA 001499 B. (zeg) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction MOTION to Compel by BIRD RIDES, INC. (Attachments: #1 Memorandum in Support, #2 Exhibit A to MISO, #3 Exhibit B to MISO, #4 Declaration of Ben Handzo in Support of Motion)(Riede, Hans). Added MOTION to Compel on 6/6/2022 (zeg). |
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Filing 5
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on May 31, 2022. (lcdlf3)
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| Filing 4 NOTICE to Counsel/Party (Attachment: #1 Notice and Consent)(zmh) |
| Case Assigned to Judge Dabney L. Friedrich. (zmh) |
| Filing 3 CIVIL COVER SHEET by BIRD RIDES, INC filed by BIRD RIDES, INC.(Riede, Hans) |
| Filing 2 ERRATA Corrected Notice of Removal by BIRD RIDES, INC. (Attachments: #1 Exhibit 1)(Riede, Hans) |
| NOTICE OF ERROR re #1 Notice of Removal; emailed to Hans.Riede@quarles.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmh, ) |
| Filing 1 NOTICE OF REMOVAL from Superior Court for the District of Columbia, case number 2022-CA-1499-B Filing fee $ 402, receipt number ADCDC-9261541 filed by BIRD RIDES, INC. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Riede, Hans) |
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| Plaintiff: POUYA REZAEIDIVKOLAEI | |
| Represented By: | Charles B Peoples |
| Represented By: | Lacey Ullman Conn |
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| Defendant: BIRD RIDES, INC | |
| Represented By: | Hans P. Riede |
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