Davitashvili et al v. Grubhub Inc. et al
| Mia Sapienza, Adam Bensimon and Mariam Davitashvili |
| Postmates Inc., Uber Technologies, Inc., DoorDash Inc., Grubhub Inc., Uber Eats and Grubhub Inc. doing business as Seamless |
| Philip Eliades, Jonathan Swaby, John Boisi, Nathan Obey and Malik Drewey |
| Cheeseboat Group LLC |
| 1:2020cv03000 |
| April 13, 2020 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Anti-Trust |
| 15 U.S.C. § 15 Antitrust Litigation |
| Both |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
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Filing 94
NOTICE OF APPEARANCE by Gregory Alan Frank on behalf of Cheeseboat Group LLC..(Frank, Gregory)
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Filing 93
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Gregory A. Frank, on behalf of Non-Party Cheeseboat dated Nov. 22, 2022 re: #92 LETTER MOTION to Compel Cheeseboat LLC to produce documents addressed to Judge Lewis A. Kaplan from Luna N. Barrington dated November 18, 2022. . Document filed by Cheeseboat Group LLC..(Frank, Gregory)
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Filing 92
LETTER MOTION to Compel Cheeseboat LLC to produce documents addressed to Judge Lewis A. Kaplan from Luna N. Barrington dated November 18, 2022. Document filed by Grubhub Inc., Postmates Inc.. (Attachments: #1 Exhibit A - Rule 45 Subpoena).(Barrington, Luna)
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Filing 91
NOTICE of CHANGE OF FIRM. Document filed by Adam Bensimon, John Boisi, Mariam Davitashvili, Malik Drewey, Philip Eliades, Nathan Obey, Jonathan Swaby..(Normand, Edward)
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Filing 90
REPLY MEMORANDUM OF LAW in Support re: #76 MOTION to Compel Arbitration . . Document filed by Postmates Inc., Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats)..(Ruffino, Andrew)
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Filing 89
REPLY MEMORANDUM OF LAW in Support re: #72 MOTION to Compel Arbitration of Certain Named Plaintiffs' Claims. . Document filed by Grubhub Inc...(Hochstadt, Eric)
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Filing 88
DECLARATION of Edward Normand in Opposition re: #76 MOTION to Compel Arbitration ., #72 MOTION to Compel Arbitration of Certain Named Plaintiffs' Claims.. Document filed by Adam Bensimon, John Boisi, Mariam Davitashvili, Malik Drewey, Philip Eliades, Nathan Obey, Jonathan Swaby. (Attachments: #1 Exhibit A, #2 Exhibit B).(Normand, Edward)
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Filing 87
MEMORANDUM OF LAW in Opposition re: #76 MOTION to Compel Arbitration ., #72 MOTION to Compel Arbitration of Certain Named Plaintiffs' Claims. . Document filed by Adam Bensimon, John Boisi, Mariam Davitashvili, Malik Drewey, Philip Eliades, Nathan Obey, Jonathan Swaby..(Normand, Edward)
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Filing 86
STIPULATION OF OF PARTIAL VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41: Pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii), the parties, by their undersigned counsel, hereby stipulate that Plaintiff Mia Sapienza's claims against Defendants Grubhub Inc., Uber Technologies, Inc., and Postmates, LLC shall be dismissed without prejudice and without costs or attorneys' fees to any party. For the avoidance of doubt, this stipulation has no bearing on the remaining Plaintiffs' claims against Defendants. SO ORDERED., ( Uber Technologies, Inc. (in its own right ), Uber Technologies, Inc. (as parent of wholly owned subsidiary Uber Eats), Grubhub Inc. and Postmates Inc. terminated.) (Signed by Judge Lewis A. Kaplan on 9/15/22) (yv)
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #85 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Lewis A. Kaplan for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp)
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Filing 85
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Grubhub Inc., Postmates Inc., Uber Technologies, Inc.(in its own right ) and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mia Sapienza. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Normand, Edward)
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Filing 84
MEMO ENDORSEMENT granting #80 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED this 2nd day of September, 2022. Attorney Kyle William Roche terminated. (Signed by Judge Lewis A. Kaplan on 9/2/2022) (vfr)
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Filing 83
JOINT STIPULATION AND ORDER REGARDING THE BRIEFING SCHEDULE FOR DEFENDANTS MOTIONS TO COMPEL ARBITRATION, Set Deadlines/Hearing as to #72 MOTION to Compel Arbitration of Certain Named Plaintiffs' Claims., #76 MOTION to Compel Arbitration . IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the Parties, subject to the Court's approval, as follows: 1. Plaintiffs shall file their opposition to Defendants' motions to compel arbitration on or before September 16, 2022. 2. Defendants shall file their replies in support of their respective motions to compel arbitration on or before September 30, 2022. SO ORDERED: ( Responses due by 9/16/2022, Replies due by 9/30/2022.) (Signed by Judge Lewis A. Kaplan on 9/2/22) (yv) Modified on 9/6/2022 (yv).
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Filing 82
PROPOSED STIPULATION AND ORDER. Document filed by Adam Bensimon, John Boisi, Mariam Davitashvili, Malik Drewey, Philip Eliades, Nathan Obey, Mia Sapienza, Jonathan Swaby..(Normand, Edward)
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Filing 81
NOTICE OF APPEARANCE by Devin Freedman on behalf of Adam Bensimon, John Boisi, Mariam Davitashvili, Malik Drewey, Philip Eliades, Nathan Obey, Jonathan Swaby..(Freedman, Devin)
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Filing 80
MOTION for Kyle W. Roche to Withdraw as Attorney . Document filed by Adam Bensimon, Mariam Davitashvili, Malik Drewey, Philip Eliades, Nathan Obey, Mia Sapienza, Jonathan Swaby..(Roche, Kyle)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Kyle Roche. RE-FILE Document No. #71 Stipulation of Voluntary Dismissal,,. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (ink signatures) by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (nd)
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Filing 79
DECLARATION of Jennifer Sullivan in Support re: #76 MOTION to Compel Arbitration .. Document filed by Postmates Inc., Uber Technologies, Inc.(in its own right ). (Attachments: #1 Exhibit A - Postmates Sign-Up Information, #2 Exhibit B - Postmates Terms of Service, #3 Exhibit C - Postmates Terms Update Email, #4 Exhibit D - Uber Sign-Up and Consent Information, #5 Exhibit E - Uber Sign-Up Terms, #6 Exhibit F - Uber Terms of Use, #7 Exhibit G - Uber Checkbox Consent, #8 Exhibit H - Uber Account Use History).(Ruffino, Andrew)
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Filing 78
DECLARATION of Andrew A. Ruffino in Support re: #76 MOTION to Compel Arbitration .. Document filed by Postmates Inc., Uber Technologies, Inc.(in its own right )..(Ruffino, Andrew)
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Filing 77
MEMORANDUM OF LAW in Support re: #76 MOTION to Compel Arbitration . . Document filed by Postmates Inc., Uber Technologies, Inc.(in its own right ). (Attachments: #1 Appendix : Unreported Cases Cited in Memorandum of Law).(Ruffino, Andrew)
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Filing 76
MOTION to Compel Arbitration . Document filed by Postmates Inc., Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats)..(Ruffino, Andrew)
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Filing 75
DECLARATION of Eric S. Hochstadt in Support re: #72 MOTION to Compel Arbitration of Certain Named Plaintiffs' Claims.. Document filed by Grubhub Inc.. (Attachments: #1 Exhibit A - Consolidated Amended Class Action Complaint (ECF No. 28), #2 Exhibit B - Plaintiffs Responses and Objections to Defendants First Set of Interrogatories (June 27, 2022)).(Hochstadt, Eric)
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Filing 74
DECLARATION of Thomas J. Koreis in Support re: #72 MOTION to Compel Arbitration of Certain Named Plaintiffs' Claims.. Document filed by Grubhub Inc.. (Attachments: #1 Exhibit A - Grubhubs January 2020 Terms of Use, #2 Exhibit B - Grubhub Checkout Page (Mobile Application), #3 Exhibit C - Grubhub Checkout Page (Website), #4 Exhibit D - Grubhubs December 2021 Terms of Use, #5 Exhibit E - Grubhub Terms of Use Update Pop-up (Website), #6 Exhibit F - Grubhub Checkout Page (Mobile Application), #7 Exhibit G - Grubhub Email Informing Customers of Updated Terms of Use).(Hochstadt, Eric)
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Filing 73
MEMORANDUM OF LAW in Support re: #72 MOTION to Compel Arbitration of Certain Named Plaintiffs' Claims. . Document filed by Grubhub Inc.. (Attachments: #1 Appendix /Compendium of Unreported Cases Not on Westlaw in Support of Memorandum of Law in Support of Motion to Compel Arbitration).(Hochstadt, Eric)
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Filing 72
MOTION to Compel Arbitration of Certain Named Plaintiffs' Claims. Document filed by Grubhub Inc...(Hochstadt, Eric)
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Filing 71
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Grubhub Inc., Postmates Inc., Uber Technologies, Inc.(in its own right ) and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mia Sapienza. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Roche, Kyle) Modified on 8/29/2022 (nd).
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Filing 70
STIPULATION AND ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION. ("ESI Order"). The following terms and conditions shall govern the collection and production of ESI requested or produced in this matter (the "Litigation"). The failure of this ESI Order to address any particular issue is without prejudice to any position that a Party may take on that issue. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/4/22) (yv)
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Filing 69
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/4/22) (yv)
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Filing 68
PROPOSED STIPULATION AND ORDER. Document filed by Postmates Inc., Uber Technologies, Inc.(in its own right )..(Ludwin, Derek)
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Filing 67
PROPOSED PROTECTIVE ORDER. Document filed by Postmates Inc., Uber Technologies, Inc.(in its own right )..(Ludwin, Derek)
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Filing 66
NOTICE OF APPEARANCE by Luna Ngan Barrington on behalf of Grubhub Inc...(Barrington, Luna)
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Filing 65
JOINT RULE 26(f) REPORT AND DISCOVERY PLAN: Any motion to compel arbitration with respect to one or more named plaintiffs' claims August 26, 2022. Pre-class certification stage fact discovery cutoff March 17, 2023. Plaintiffs' motion for class certification March 17, 2023. Discovery cutoff regarding Plaintiffs' class certification expert report(s) May 23, 2023. Defendants' opposition to Plaintiffs' motion for class certification June 6, 2023. Discovery cutoff regarding Defendants' class certification expert report(s) July 20, 2023. Plaintiffs' reply in support of their motion for class certification August 3, 2023. Defendants' motions for summary judgment October 5, 2023. Discovery cutoff regarding Defendants' merit expert report(s) November 1, 2023. Plaintiffs' opposition to Defendants' motions for summary judgment November 15, 2023. Discovery cutoff regarding Plaintiffs' merit expert report(s) December 6, 2023. Defendants' reply in support of their motions for summary judgment December 15, 2023. Schedule approved. The parties shall assume that it will not be extended. SO ORDERED. Motions due by 10/5/2023. Responses due by 11/15/2023 Replies due by 12/15/2023. Fact Discovery due by 3/17/2023. Discovery due by 12/6/2023. (Signed by Judge Lewis A. Kaplan on 6/16/2022) (mml)
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Filing 64
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Grubhub Inc...(Hochstadt, Eric)
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Minute Entry for proceedings held before Judge Lewis A. Kaplan via video-conference: Interim Pretrial Conference held on 6/8/2022. Court declined to approve the Joint Rule 26(f) Report and Discovery Plan (DI 60) and directed the parties to submit a new plan by 6/15/2022. There was not a court reporter present. (Mohan, Andrew)
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Pretrial Conference set for 6/8/2022 at 02:30 PM before Judge Lewis A. Kaplan via video-conference. Public and press may dial-in to listen at +1 917-933-2166,Phone Conference ID: 623 939 719#. Listeners may use the dial-in with the instruction that they mute their phones upon joining. All callers are reminded that recording or re-broadcasting of the conference in whole or in part is against Court Rules. (Mohan, Andrew)
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Filing 63
ORDER: The Court will hold a scheduling conference by video-conference on June 8, 2022. Counsel of record will be sent invites by email. A public dial in number for listening by audio only will be posted on ECF. (Signed by Judge Lewis A. Kaplan on 6/1/2022) (rro)
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Filing 62
ORDER granting #61 Motion to Withdraw as Attorney. The motion of Stacey Kam ya Grigsby for leave to withdraw as counsel for defendants Uber Technologies, Inc. and Postmates, LLC is GRANTED. SO ORDERED. (Attorney Stacey Kamya Grigsby terminated.) (Signed by Judge Lewis A. Kaplan on 5/31/22) (yv)
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Filing 61
MOTION for Stacey Kamya Grigsby to Withdraw as Attorney . Document filed by Postmates Inc., Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats). (Attachments: #1 Text of Proposed Order Proposed Order).(Grigsby, Stacey)
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Filing 60
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Grubhub Inc...(Hochstadt, Eric)
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Filing 59
ANSWER to #28 Amended Complaint, with JURY DEMAND. Document filed by Postmates Inc., Uber Technologies, Inc.(in its own right )..(Grigsby, Stacey)
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Filing 58
ANSWER to #28 Amended Complaint,. Document filed by Grubhub Inc...(Hochstadt, Eric)
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Filing 57
ORDER granting #54 Motion to Withdraw as Attorney. The motion of Evan Kreiner for leave to withdraw as counsel for defendant Postmates Inc. is GRANTED. SO ORDERED. (Attorney Evan Kreiner terminated.) (Signed by Judge Lewis A. Kaplan on 4/26/22) (yv)
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Filing 56
ORDER granting #53 Motion to Withdraw as Attorney. The motion of Steven Craig Sunshine for leave to withdraw as counsel for defendant Postmates Inc. is GRANTED. SO ORDERED. (Attorney Steven Craig Sunshine terminated.) (Signed by Judge Lewis A. Kaplan on 4/26/22) (yv)
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Filing 55
ORDER granting #52 Motion to Withdraw as Attorney. The motion of Karen Hoffman Lent for leave to withdraw as counsel for defendant Postmates Inc. is GRANTED. SO ORDERED. (Attorney Karen Hoffman Lent terminated.) (Signed by Judge Lewis A. Kaplan on 4/26/22) (yv)
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Filing 54
MOTION for Evan Kreiner to Withdraw as Attorney . Document filed by Postmates Inc.. (Attachments: #1 Proposed Order).(Kreiner, Evan)
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Filing 53
MOTION for Steven Craig Sunshine to Withdraw as Attorney . Document filed by Postmates Inc.. (Attachments: #1 Proposed Order).(Sunshine, Steven)
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Filing 52
MOTION for Karen Hoffman Lent to Withdraw as Attorney . Document filed by Postmates Inc.. (Attachments: #1 Proposed Order).(Lent, Karen)
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Filing 51
NOTICE OF APPEARANCE by Andrew Arthur Ruffino on behalf of Postmates Inc...(Ruffino, Andrew)
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Filing 50
NOTICE OF APPEARANCE by Derek Ludwin on behalf of Postmates Inc...(Ludwin, Derek)
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Filing 49
NOTICE OF APPEARANCE by Stacey Kamya Grigsby on behalf of Postmates Inc...(Grigsby, Stacey)
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Filing 48
ORDER granting #47 Letter Motion for Extension of Time to Answer re #47 CONSENT LETTER MOTION for Extension of Time to File Answer to Plaintiffs' Amended Complaint addressed to Judge Lewis A. Kaplan from Eric S. Hochstadt dated April 7, 2022., #28 Amended Complaint. Granted. SO ORDERED. Grubhub Inc. answer due 4/29/2022; Postmates Inc. answer due 4/29/2022; Uber Technologies, Inc.(in its own right ) answer due 4/29/2022; Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats) answer due 4/29/2022. (Signed by Judge Lewis A. Kaplan on 4/12/2022) (rro)
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Filing 47
CONSENT LETTER MOTION for Extension of Time to File Answer to Plaintiffs' Amended Complaint addressed to Judge Lewis A. Kaplan from Eric S. Hochstadt dated April 7, 2022. Document filed by DoorDash Inc., Grubhub Inc., Postmates Inc., Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats). (Attachments: #1 Text of Proposed Order Joint Stipulation and [Proposed] Order).(Hochstadt, Eric)
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Filing 46
MEMORANDUM OPINION re: (37 in 1:20-cv-03000-LAK) JOINT MOTION to Dismiss the Amended Consolidated Class Action Complaint. filed by Grubhub Inc., Postmates Inc., Uber Technologies, Inc. For the foregoing reasons, Defendants' motion to dismiss (Dkt. 37) is denied in its entirety. (Signed by Judge Lewis A. Kaplan on 3/30/2022) Filed In Associated Cases: 1:20-cv-03000-LAK, 1:20-cv-05134-LAK (ate)
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Magistrate Judge Jennifer Willis is so redesignated. (wb)
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Filing 45
ORDER. I hereby irrevocably waive, disclaim and renounce any and all claims, causes of action, or interests I now have, or might hereafter have, of any kind whatsoever, individually or as a member of any class (including any putative class) in this action and any action now or hereafter pending in any court arising out of any of the matters alleged in the consolidated amended complaint herein. The purpose of this renunciation is to remove any possible conflict of interest that might cause my disqualification under 28 U.S.C. 455, or otherwise. (Signed by Judge Lewis A. Kaplan on 7/1/21) Filed In Associated Cases: 1:20-cv-03000-LAK, 1:20-cv-05134-LAK (yv)
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Filing 44
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Just Eat Takeaway.com N.V. for Grubhub Inc.. Document filed by Grubhub Inc...(Lender, David)
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Filing 43
NOTICE OF PARTIAL VOLUNTARY DISMISSAL: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiffs in the above-captioned action, by their undersigned attorneys, hereby give notice of voluntary dismissal of all claims against Defendant DoorDash Inc. ("DoorDash") without prejudice. DoorDash was named in the initial complaint filed in this action, ECF No. 1, but was not named in Eliades et al. v. Grubhub Inc. et al., No. 1:20-cv-5134, which has been consolidated with this action, and is not named in Plaintiffs' Amended Consolidated Class Action Complaint, ECF No. 24. As of the date of this notice, Door Dash has not served an answer or a motion for summary judgment in response to any complaint in the above-captioned action. (Signed by Judge Lewis A. Kaplan on 8/25/2020) (mro)
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Filing 42
JOINT REPLY MEMORANDUM OF LAW in Support re: #37 JOINT MOTION to Dismiss the Amended Consolidated Class Action Complaint. . Document filed by Grubhub Inc., Postmates Inc., Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats)..(Sunshine, Steven)
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Filing 41
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Uber Technologies, Inc. for Postmates Inc.. Document filed by Postmates Inc...(Lent, Karen)
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Filing 40
MEMORANDUM OF LAW in Opposition re: #37 JOINT MOTION to Dismiss the Amended Consolidated Class Action Complaint. . Document filed by Adam Bensimon, John Boisi, Mariam Davitashvili, Malik Drewey, Philip Eliades, Nathan Obey, Mia Sapienza, Jonathan Swaby..(Roche, Kyle)
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Filing 39
DECLARATION of Steven C. Sunshine in Support re: #37 JOINT MOTION to Dismiss the Amended Consolidated Class Action Complaint.. Document filed by Postmates Inc.. (Attachments: #1 Exhibit 1 - Amended Consolidated Class Action Complaint, #2 Exhibit 2 - Class Action Complaint).(Sunshine, Steven)
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Filing 38
JOINT MEMORANDUM OF LAW in Support re: #37 JOINT MOTION to Dismiss the Amended Consolidated Class Action Complaint. . Document filed by Grubhub Inc., Postmates Inc., Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats)..(Sunshine, Steven)
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Filing 37
JOINT MOTION to Dismiss the Amended Consolidated Class Action Complaint. Document filed by Grubhub Inc., Postmates Inc., Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats)..(Sunshine, Steven)
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Filing 36
NOTICE OF APPEARANCE by Evan Kreiner on behalf of Postmates Inc...(Kreiner, Evan)
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Filing 35
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Postmates Inc...(Lent, Karen)
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Filing 34
NOTICE OF APPEARANCE by Karen Hoffman Lent on behalf of Postmates Inc...(Lent, Karen)
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Filing 33
NOTICE OF APPEARANCE by Steven Craig Sunshine on behalf of Postmates Inc...(Sunshine, Steven)
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Filing 32
NOTICE OF CHANGE OF ADDRESS by Marvin Lawrence Frank on behalf of Adam Bensimon, Mariam Davitashvili, Mia Sapienza. New Address: Frank LLP, 305 Broadway, Ste. 700, New York CIty, NY, United States 10007, 12126821853..(Frank, Marvin)
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Filing 31
NOTICE OF CHANGE OF ADDRESS by Asher Hawkins on behalf of Adam Bensimon, Mariam Davitashvili, Mia Sapienza. New Address: Frank LLP, 305 Broadway, Ste. 700, New York CIty, NY, United States 10007, 12126821853..(Hawkins, Asher)
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Filing 30
NOTICE OF CHANGE OF ADDRESS by Gregory Alan Frank on behalf of Adam Bensimon, Mariam Davitashvili, Mia Sapienza. New Address: Frank LLP, 305 Broadway, Ste. 700, New York CIty, NY, United States 10007, 12126821853..(Frank, Gregory)
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Filing 29
EXHIBIT TO PLEADING re: #28 Amended Complaint,. Document filed by Adam Bensimon, John Boisi, Mariam Davitashvili, Malik Drewey, Philip Eliades, Nathan Obey, Mia Sapienza, Jonathan Swaby..(Roche, Kyle)
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Filing 28
AMENDED COMPLAINT amending #1 Complaint against Grubhub Inc., Postmates Inc., Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats) with JURY DEMAND.Document filed by Mia Sapienza, Nathan Obey, Philip Eliades, Malik Drewey, Adam Bensimon, Jonathan Swaby, Mariam Davitashvili, John Boisi. Related document: #1 Complaint..(Roche, Kyle)
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Filing 27
MEMO ENDORSEMENT granting #25 MOTION for Leave to File the Amended Consolidated Class Action Complaint. ENDORSEMENT: GRANTED. (Signed by Judge Lewis A. Kaplan on 8/31/2020) (jca)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #26 Notice of Voluntary Dismissal was reviewed and referred to Judge Lewis A. Kaplan for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
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Filing 26
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) DoorDash Inc.. Document filed by Mia Sapienza, Nathan Obey, Philip Eliades, Malik Drewey, Adam Bensimon, Jonathan Swaby, Mariam Davitashvili, John Boisi. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Roche, Kyle)
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Filing 25
MOTION for Leave to File the Amended Consolidated Class Action Complaint . Document filed by Adam Bensimon, John Boisi, Mariam Davitashvili, Malik Drewey, Philip Eliades, Nathan Obey, Mia Sapienza, Jonathan Swaby..(Roche, Kyle)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kyle William Roche to RE-FILE re: Document No. #24 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; all of the parties whom the pleading is against are not listed on the PDF case caption; add them to the caption OR do not select them as parties whom the pleading is against; due to deficient filing on the due date, Court's leave must be granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
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Filing 24
FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint against DoorDash Inc., Grubhub Inc., Postmates Inc., Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats) with JURY DEMAND.Document filed by Mia Sapienza, Nathan Obey, Philip Eliades, Adam Bensimon, Jonathan Swaby, Mariam Davitashvili, John Boisi, Malik Drewey. Related document: #1 Complaint..(Roche, Kyle) Modified on 8/20/2020 (jgo).
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Filing 23
ORDER terminating (17) Letter Motion for Extension of Time in case 1:20-cv-03000-LAK. Plaintiffs in this consolidated action may file an amended class complaint on or before August 19, 2020. Defendants shall answer, move, or otherwise respond to any such amended complaint within 60 days after the amended complaint has been filed. If defendants move to dismiss the amended complaint, plaintiffs shall file their opposition within 60 days after the filing of the motion to dismiss. Defendants shall file their reply, if any, within 30 days. The initial pretrial conference is scheduled for August 4, 2020. (20-cv-3000, Dkt 16.) This conference is adjourned until after the defendants' motion to dismiss is decided or, if no such motion is filed, until after defendants respond to the amended complaint. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/20/20) Filed In Associated Cases: 1:20-cv-03000-LAK, 1:20-cv-05134-LAK (yv)
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Set/Reset Deadlines: Amended Pleadings due by 8/19/2020. Associated Cases: 1:20-cv-03000-LAK, 1:20-cv-05134-LAK(yv)
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Filing 22
ORDER granting in part and denying in part #18 MOTION to Consolidate Cases 1:20-cv-05134 and for Appointment of Interim Lead Counsel. Plaintiffs' motions to consolidate these actions and appoint their counsel as interim class counsel is granted to the extent that the actions are consolidated and denied in all other respects. There is simply no need or justification to appoint anyone as interim class counsel, at least at this point in the 1itigation. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/18/2020) (jca)
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Filing 21
DECLARATION of Gregory A. Frank in Support re: #18 MOTION to Consolidate Cases 1:20-cv-05134 and for Appointment of Interim Lead Counsel.. Document filed by Adam Bensimon, Mariam Davitashvili, Mia Sapienza..(Frank, Gregory)
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Filing 20
DECLARATION of Kyle W. Roche in Support re: #18 MOTION to Consolidate Cases 1:20-cv-05134 and for Appointment of Interim Lead Counsel.. Document filed by Adam Bensimon, Mariam Davitashvili, Mia Sapienza. (Attachments: #1 Exhibit 1 -- Firm Resume of Roche Cyrulnik Freedman).(Frank, Gregory)
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Filing 19
MEMORANDUM OF LAW in Support re: #18 MOTION to Consolidate Cases 1:20-cv-05134 and for Appointment of Interim Lead Counsel. . Document filed by Adam Bensimon, Mariam Davitashvili, Mia Sapienza..(Frank, Gregory)
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Filing 18
MOTION to Consolidate Cases 1:20-cv-05134 and for Appointment of Interim Lead Counsel. Document filed by Adam Bensimon, Mariam Davitashvili, Mia Sapienza. (Attachments: #1 Text of Proposed Order).(Frank, Gregory)
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Filing 17
CONSENT LETTER MOTION for Extension of Time re Responding to the Complaint addressed to Judge Lewis A. Kaplan from Gregory A. Frank dated July 16, 2020. Document filed by Adam Bensimon, Mariam Davitashvili, Mia Sapienza. (Attachments: #1 Joint Stipulation and Proposed Order).(Frank, Gregory)
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Filing 16
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: The teleconference can be reached by calling 888-363-4749 and using access code 7664205. (And as further set forth herein.) Initial Conference set for 8/4/2020 at 10:30 AM before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 7/10/2020) (jca)
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Filing 15
NOTICE OF APPEARANCE by Eric Shaun Hochstadt on behalf of Grubhub Inc...(Hochstadt, Eric)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Grubhub Inc...(Lender, David)
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Filing 13
NOTICE OF APPEARANCE by David Lender on behalf of Grubhub Inc...(Lender, David)
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Filing 12
NOTICE OF APPEARANCE by Asher Hawkins on behalf of Adam Bensimon, Mariam Davitashvili, Mia Sapienza..(Hawkins, Asher)
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Filing 11
NOTICE OF APPEARANCE by Marvin Lawrence Frank on behalf of Adam Bensimon, Mariam Davitashvili, Mia Sapienza..(Frank, Marvin)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate SoftBank Group Corp., Other Affiliate SB Cayman 2 Ltd. for Uber Technologies, Inc., Uber Technologies, Inc.. Document filed by Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats)..(Grigsby, Stacey)
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Filing 9
NOTICE OF APPEARANCE by Stacey Kamya Grigsby on behalf of Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats)..(Grigsby, Stacey)
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Filing 8
NOTICE OF APPEARANCE by Andrew Arthur Ruffino on behalf of Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats)..(Ruffino, Andrew)
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Filing 7
NOTICE OF APPEARANCE by Derek Ludwin on behalf of Uber Technologies, Inc.(in its own right ), Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats)..(Ludwin, Derek)
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Filing 6
WAIVER OF SERVICE RETURNED EXECUTED. Uber Technologies, Inc.(in its own right ) waiver sent on 5/20/2020, answer due 7/20/2020; Uber Technologies, Inc.(as parent of wholly owned subsidiary Uber Eats) waiver sent on 5/20/2020, answer due 7/20/2020. Document filed by Mia Sapienza; Adam Bensimon; Mariam Davitashvili..(Frank, Gregory)
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Filing 5
WAIVER OF SERVICE RETURNED EXECUTED. Postmates Inc. waiver sent on 5/20/2020, answer due 7/20/2020. Document filed by Mia Sapienza; Adam Bensimon; Mariam Davitashvili..(Frank, Gregory)
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Filing 4
WAIVER OF SERVICE RETURNED EXECUTED. DoorDash Inc. waiver sent on 5/20/2020, answer due 7/20/2020. Document filed by Mia Sapienza; Adam Bensimon; Mariam Davitashvili..(Frank, Gregory)
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Filing 3
WAIVER OF SERVICE RETURNED EXECUTED. Grubhub Inc. waiver sent on 5/20/2020, answer due 7/20/2020. Document filed by Mia Sapienza; Adam Bensimon; Mariam Davitashvili..(Frank, Gregory)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
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Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Alan Frank. The party information for the following party/parties has been modified: Mariam Davitashvili, Mia Sapienza, Adam Bensimon, Uber Technologies, Inc., Uber Technologies, Inc., Grubhub Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted; party text contained a typographical error; alias party information was entered incorrectly as party text. (pne)
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Case Designated ECF. (pne)
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Filing 2
CIVIL COVER SHEET filed..(Frank, Gregory)
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Filing 1
COMPLAINT against DoorDash Inc., Grubhub Inc., Postmates Inc., Uber Eats, Uber Technologies, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19426436)Document filed by Mariam Davitashvili, Mia Sapienza, Adam Bensimon..(Frank, Gregory)
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