LATIFI et al v. UBER TECHNOLOGIES, INC et al
| ALEXIS LATIFI and JERRY CASSELANO |
| UBER TECHNOLOGIES, INC, RASIER, LLC, RASIER-DC, LLC and CHEIKH TOURE |
| 1:2023cv00545 |
| February 28, 2023 |
| US District Court for the District of Columbia |
| Jia M Cobb |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 Petition for Removal- Tort/Motor Vehicle ( |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.
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MINUTE ORDER: setting Initial Scheduling Conference for May 25, 2023 at 1:30 PM before Judge Jia M. Cobb. The conference will be on the record and conducted via Zoom. The Court's Deputy Clerk will provide the information necessary to access the conference. The Parties shall file a joint report pursuant to Local Civil Rule 16.3(d) and Federal Rule of Civil Procedure 26(f)(2) by May 18, 2023. Signed by Judge Jia M. Cobb on April 20, 2023. (lcjmc2)
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MINUTE ORDER: The Court has reviewed 7 Motion for Leave to Accept Answer Nunc Pro Tunc and #10 Motion for Leave to Deem Answer Timely Filed submitted by the Defendants in this case. Plaintiffs filed a Motion for Entry of Default before the Motions for Leave were filed, but did not file oppositions to either of the two Motions filed by Defendants. Federal Rule of Civil Procedure 6 allows the Court to grant a party leave to file an out-of-time pleading if the moving party can demonstrate "excusable neglect." Fed. R. Civ. P. 6(b)(1)(B). The Supreme Court has instructed lower courts determining whether a party's delay amounts to "excusable neglect" to consider "the danger of prejudice to the [opposing party], the length of the delay and its potential impact on judicial proceedings, the reason for the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith." Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395 (1993). Importantly, "'excusable neglect' under Rule 6(b) is a somewhat 'elastic concept' and is not limited strictly to omissions caused by circumstances beyond the control of the movant." Id. at 392. The Court enjoys broad discretion in making this determination. See Yesudian v. Howard Univ., 270 F.3d 969, 971 (D.C. Cir. 2001). After a careful review of the Motions -- and especially because any delay is brief, does not prejudice Plaintiffs, and was not the result of bad-faith conduct -- the Court concludes that the Pioneer factors weigh in favor of granting the Motions of the Defendants. With that in mind, upon consideration of the Motions and for good cause shown, the Court GRANTS both Motions. Accordingly, the Court accepts Defendants' Answers filed in this case. Because the Court grants both Motions for Leave filed by the Defendants, and for substantially the same reasons, the Court DENIES #4 Plaintiff's Motion for Entry of Default. Signed by Judge Jia M. Cobb on April 20, 2023. (lcjmc2)
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| Filing 10 MOTION for Leave to File Answer as Timely by CHEIKH TOURE. (Wight, Britton) |
| Filing 9 Memorandum in opposition to re #4 MOTION for Entry of Default against all Defendants filed by CHEIKH TOURE. (Wight, Britton) Modified event title on 3/29/2023 (znmw). |
| Filing 8 ANSWER to Complaint by CHEIKH TOURE.(Wight, Britton) |
| Filing 7 MOTION for Leave to File Accept Answer Nunc Pro Tunc by RASIER, LLC, RASIER-DC, LLC, CHEIKH TOURE, UBER TECHNOLOGIES, INC. (See Docket Entry #6 to view document). (znmw) |
| Filing 6 RESPONSE re #4 MOTION for Entry of Default filed by RASIER, LLC, RASIER-DC, LLC, CHEIKH TOURE, UBER TECHNOLOGIES, INC. (Attachments: #1 Memorandum in Support Memo re Oppo to Pla.Mtn, #2 Exhibit Exhibit A, #3 Text of Proposed Order Proposed Order)(Akpan, Imoh) Modified link on 3/28/2023 (znmw). |
| Filing 5 ANSWER to Complaint by RASIER, LLC, RASIER-DC, LLC, UBER TECHNOLOGIES, INC.(Akpan, Imoh) |
| Filing 4 MOTION for Entry of Default against all Defendants by JERRY CASSELANO, ALEXIS LATIFI. (Attachments: #1 Exhibit Exhibit 1 - Pls.' Complaint, #2 Exhibit Exhibit 2 - Aff. of Service - Uber, #3 Exhibit Exhibit 3 - Aff. of Service - Rasier, #4 Exhibit Exhibit 4 - Aff. of Service - Rasier-DC, #5 Exhibit Exhibit 5 - Aff. of Service - Toure, #6 Text of Proposed Order Proposed Order)(Murray, Kasey) |
| Filing 3 NOTICE to Counsel/Party re #1 Notice of Removal,, (Attachments: #1 Notice and Consent)(zrtw) |
| Case Assigned to Judge Jia M. Cobb. (zrtw) |
| Filing 2 ERRATA NOTICE OF REMOVAL by RASIER, LLC, RASIER-DC, LLC, CHEIKH TOURE, UBER TECHNOLOGIES, INC re Notice of QC- New Case,,. (Akpan, Imoh) |
| Filing 1 NOTICE OF REMOVAL from SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA, case number 2022 CAB 005460 Filing fee $ 402, receipt number ADCDC-9890412 filed by CHEIKH TOURE, RASIER, LLC, UBER TECHNOLOGIES, INC, RASIER-DC, LLC. (Attachments: #1 Exhibit EX 1 - COMPLAINT, #2 Exhibit EX 2 - AFFIDAVIT OF SVC - RAISER, LLCR, #3 Exhibit EX 3 - AFFIDAVIT OF SVC - RAISER-DC, #4 Exhibit EX 4 - AFFIDAVIT OF SVC - UBER, #5 Exhibit EX 5 - NTC OF REMOTE INITIAL SCHED. CONF, #6 Exhibit EX 6 - CIVIL ACTIONS CASE SUMMARY, #7 Exhibit EX 7 - PLA. MTN TO EXTEND TIME FOR SVC. ON DEFS, #8 Civil Cover Sheet COVER SHEET)(Akpan, Imoh) |
| NOTICE OF ERROR re #1 Notice of Removal; emailed to iakpan@goldbergsegalla.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zrtw, ) |
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