DoorDash, Inc. v. City Of New York
Plaintiff: DoorDash, Inc.
Defendant: City Of New York
Amicus Curiae: Tech:NYC
Case Number: 1:2021cv07695
Filed: September 15, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Constitutional - State Statute
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2021 Filing 30 ANSWER to #1 Complaint,,. Document filed by City Of New York..(Ugalde Alvarez, Carlos)
October 4, 2021 Opinion or Order Filing 29 STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: 1. Plaintiff hereby withdraws its motion for a preliminary injunction (see ECF Dkt. Nos. 5-8); 2. Defendant and its agents will not enforce (including retroactively) the provisions of N.Y.C. Administrative Code 20-847.3 against Plaintiff for any conduct occurring between (a) the effective date of the provisions of N.Y.C. Administrative Code 20-847.3 and (b) sixty (60) days following final determination by this Court resolving, or disposing of, this action (the "Non-Enforcement Period"). During the Non-Enforcement Period, Defendant and its agents will not consider compliance with N.Y.C. Administrative Code 20-847.3 in determining whether to grant any license to Plaintiff issued under subchapter 36 of chapter 2 of title 20 of the N.Y.C. Administrative Code; 3. Nothing contained herein shall be deemed (a) to be an admission by Defendant or its agents that N.Y.C. Administrative Code 20-847.3 is, in any way, invalid or unconstitutional under United States or New York State Constitutions, or (b) to constitute a policy or practice of Defendant or its agents; and 4. This stipulation is without prejudice to either Party and the Parties hereby agree and acknowledge that this Stipulation and Order (a) does not confer prevailing party status to Plaintiff under 42 U.S.C. 1988; (b) does not prevent either Party from pursuing any rights to appeal any determination by this Court, seeking a stay or injunction pending such appeal, or seeking any other relief not specifically addressed in this stipulation; (c) may be executed in counterparts; and (d) shall be filed by Defendant. SO ORDERED. Motions terminated: #5 MOTION for Preliminary Injunction . filed by DoorDash, Inc.. (Signed by Judge Analisa Torres on 10/4/2021) (kv)
October 3, 2021 Filing 28 PROPOSED STIPULATION AND ORDER. Document filed by City Of New York..(Ugalde Alvarez, Carlos)
October 1, 2021 Filing 27 BRIEF (Amicus Curiae). Document filed by Tech:NYC..(Sullivan, Daniel)
October 1, 2021 Filing 26 NOTICE OF APPEARANCE by Margaret Hoppin on behalf of Tech:NYC..(Hoppin, Margaret)
October 1, 2021 Filing 25 NOTICE OF APPEARANCE by Gregory Jacob Dubinsky on behalf of Tech:NYC..(Dubinsky, Gregory)
September 30, 2021 Opinion or Order Filing 24 ORDER granting #19 Letter Motion to File Amicus Brief. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 9/30/2021) (kv)
September 30, 2021 Opinion or Order Filing 23 ORDER denying #22 Letter Motion for Extension of Time. DENIED. SO ORDERED.. (Signed by Judge Analisa Torres on 9/30/2021) (kv)
September 30, 2021 Filing 22 LETTER MOTION for Extension of Time of Defendant City of New York's Deadline to Respond to Plaintiff's Preliminary Injunction Motion and Complaint addressed to Judge Analisa Torres from Karen B. Selvin dated September 30, 2021. Document filed by City Of New York..(Ugalde Alvarez, Carlos)
September 30, 2021 Filing 21 NOTICE OF APPEARANCE by Carlos Fernando Ugalde Alvarez on behalf of City Of New York..(Ugalde Alvarez, Carlos)
September 29, 2021 Filing 20 NOTICE OF APPEARANCE by Karen Beth Selvin on behalf of City Of New York..(Selvin, Karen)
September 28, 2021 Filing 19 LETTER MOTION to File Amicus Brief addressed to Judge Analisa Torres from Daniel M. Sullivan dated September 28, 2021. Document filed by Tech:NYC. (Attachments: #1 Exhibit A).(Sullivan, Daniel)
September 23, 2021 Opinion or Order Filing 18 ORDER granting #17 Motion for Joshua Lipshutz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (jb)
September 23, 2021 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Joshua Lipshutz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25097510. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
September 22, 2021 Filing 17 MOTION for Joshua Lipshutz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25097510. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DoorDash, Inc.. (Attachments: #1 Declaration of Joshua Lipshutz, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order).(Lipshutz, Joshua)
September 21, 2021 Opinion or Order Filing 16 ORDER: Accordingly, 1. In the interest of efficiency, Plaintiff need not re-file the brief or submit a pre-motion letter; 2. Plaintiff's request to file an overlength brief is GRANTED; 3. By October 5, 2021, Defendant shall file its opposition papers to the motion for a preliminary injunction; and 4. By October 19, 2021, Plaintiff shall file its reply, if any. SO ORDERED. (Responses due by 10/5/2021, Replies due by 10/19/2021.) (Signed by Judge Analisa Torres on 9/21/2021) (jca)
September 21, 2021 Opinion or Order Filing 15 INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by November 15, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 9/21/2021) (kv)
September 21, 2021 Opinion or Order Filing 14 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 9/21/2021) (kv)
September 21, 2021 Opinion or Order Filing 13 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 9/21/2021) (vfr)
September 17, 2021 Filing 12 LETTER addressed to Judge Analisa Torres from Anne Champion dated September 17, 2021 Document filed by DoorDash, Inc...(Champion, Anne)
September 16, 2021 Filing 11 AFFIDAVIT OF SERVICE of Notice of Motion for Preliminary Injunction, Memorandum of Law in Support, Declaration of Marissa Kaplan in Support, Declaration of Anne M. Champion with Exhibits in Support and Proposed Order served on Defendant on September 16, 2021. Service was accepted by Ariton Marke, agent authorized to accept service. Document filed by DoorDash, Inc...(Champion, Anne)
September 16, 2021 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,,. City Of New York served on 9/16/2021, answer due 10/7/2021. Service was accepted by Ariton Marke, agent authorized to accept service. Document filed by DoorDash, Inc...(Champion, Anne)
September 16, 2021 Filing 9 ELECTRONIC SUMMONS ISSUED as to City Of New York..(gp)
September 16, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(gp)
September 16, 2021 Magistrate Judge Sarah L. Cave 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. (gp)
September 16, 2021 Case Designated ECF. (gp)
September 15, 2021 Filing 8 DECLARATION of ANNE M. CHAMPION in Support re: #5 MOTION for Preliminary Injunction .. Document filed by DoorDash, Inc.. (Attachments: #1 Exhibit 1 - Agreement, #2 Exhibit 2 - Privacy Policy, #3 Exhibit 3 - Terms of Service, #4 Exhibit 4 - NYC Int. No. 2311, #5 Exhibit 5 - NYC Int. No. 2311-A, #6 Exhibit 6 - Committee Report, #7 Exhibit 7 - Hearing Testimony, #8 Exhibit 8 - Hearing Transcript, #9 Exhibit 9 - Committee Hearing Transcript, #10 Exhibit 10 - Meeting Transcript, #11 Exhibit 11 - Committee Report, #12 Exhibit 12 - NYC Int. No. 2054-A, #13 Exhibit 13 - NYC Int. No. 2359-A, #14 Exhibit 14 - NYC Int. No. 2390).(Champion, Anne)
September 15, 2021 Filing 7 DECLARATION of MARISSA KAPLAN in Support re: #5 MOTION for Preliminary Injunction .. Document filed by DoorDash, Inc...(Champion, Anne)
September 15, 2021 Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION for Preliminary Injunction . . Document filed by DoorDash, Inc...(Champion, Anne)
September 15, 2021 Filing 5 MOTION for Preliminary Injunction . Document filed by DoorDash, Inc.. (Attachments: #1 Text of Proposed Order).(Champion, Anne)
September 15, 2021 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate SoftBank Group Corp., Other Affiliate SVF FAST (CAYMAN) LIMITED for DoorDash, Inc.. Document filed by DoorDash, Inc...(Champion, Anne)
September 15, 2021 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,,. Document filed by DoorDash, Inc...(Champion, Anne)
September 15, 2021 Filing 2 CIVIL COVER SHEET filed..(Champion, Anne)
September 15, 2021 Filing 1 COMPLAINT against City Of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-25061844)Document filed by DoorDash, Inc.. (Attachments: #1 Exhibit 1 - Agreement, #2 Exhibit 2 - Privacy Policy, #3 Exhibit 3 - Terms of Service, #4 Exhibit 4 - NYC Int. No. 2311, #5 Exhibit 5 - NYC Int. No. 2311-A, #6 Exhibit 6 - Committee Report, #7 Exhibit 7 - Hearing Testimony, #8 Exhibit 8 - Hearing Transcript, #9 Exhibit 9 - Committee Hearing Transcript, #10 Exhibit 10 - Meeting Transcript, #11 Exhibit 11 - Committee Report, #12 Exhibit 12 - NYC Int. No. 2054-A, #13 Exhibit 13 - NYC Int. No. 2359-A, #14 Exhibit 14 - NYC Int. No. 2390).(Champion, Anne)

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Plaintiff: DoorDash, Inc.
Represented By: Anne Marie Champion
Represented By: Joshua Seth Lipshutz
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Defendant: City Of New York
Represented By: Karen Beth Selvin
Represented By: Carlos Fernando Ugalde Alvarez
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Amicus curiae: Tech:NYC
Represented By: Daniel Martin Sullivan
Represented By: Gregory Jacob Dubinsky
Represented By: Margaret Hoppin
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