Portier, LLC v. City of New York
Plaintiff: Portier, LLC
Defendant: City of New York
Case Number: 1:2021cv10347
Filed: December 3, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Sarah L Cave
Referring 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 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2022 Opinion or Order Filing 26 MEMO ENDORSEMENT on re: (29 in 1:21-cv-10602-AT-SLC) Letter, filed by Portier, LLC. ENDORSEMENT: The parties' proposed consolidated case management plan and scheduling order (ECF No. 46-1) is ADOPTED. Within seven days of the deadline for the completion of fact and expert discovery, the parties shall file status letters confirming that fact and expert discovery have been completed. A Telephone Status Conference remains scheduled March 8, 2022 at 2:00 pm on the Court's conference line as set forth in the January 11, 2022 Scheduling Order. (ECF No. 45). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/24/2022) Filed In Associated Cases: 1:21-cv-07695-AT-SLC, 1:21-cv-10347-AT-SLC, 1:21-cv-10602-AT-SLC (tg)
January 21, 2022 Filing 25 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from All Parties dated January 21, 2022 re: consolidated case management plan and discovery stipulation. Document filed by Portier, LLC. (Attachments: #1 Exhibit 1 - [Proposed] Civil Case Management Plan and Scheduling Order, #2 Exhibit 2 - Discovery Stipulation)Filed In Associated Cases: 1:21-cv-07695-AT-SLC, 1:21-cv-10347-AT-SLC, 1:21-cv-10602-AT-SLC.(Kaplan, Roberta)
January 11, 2022 Opinion or Order Filing 24 SCHEDULING ORDER: A Telephone Status Conference is scheduled Tuesday, March 8, 2022 at 2:00 pm on the Courts conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The parties in each action shall file a single discovery status report, no longer than three pages and without argument, by Thursday, March 3, 2022 (for the avoidance of doubt, three total discovery status reports will be filed, one in each case). SO ORDERED. ( Telephone Conference set for 3/8/2022 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/11/22) Filed In Associated Cases: 1:21-cv-07695-AT-SLC, 1:21-cv-10347-AT-SLC, 1:21-cv-10602-AT-SLC (yv)
January 10, 2022 Opinion or Order Filing 23 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Analisa Torres on 1/10/2022) Filed In Associated Cases: 1:21-cv-07695-AT, 1:21-cv-10347-AT, 1:21-cv-10602-AT. (mml)
January 7, 2022 Opinion or Order Filing 22 ORDER: Accordingly, the three captioned cases are CONSOLIDATED for all purposes pursuant to Federal Rule of Civil Procedure 42(a). The Clerk of Court is directed to consolidate the actions with 21 Civ. 7695 as the lead case. Plaintiffs' request to appoint the three firms representing the Plaintiffs as co-lead counsel is GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 1/7/2022) Filed In Associated Cases: 1:21-cv-07695-AT, 1:21-cv-10347-AT, 1:21-cv-10602-AT (kv)
January 7, 2022 CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-07695-AT.. (kv)
January 5, 2022 Filing 21 LETTER addressed to Judge Analisa Torres from Karen B. Selvin dated January 5, 2022 re: Plaintiffs' January 4, 2022 Letter. Document filed by City of New York..(Selvin, Karen)
January 4, 2022 Filing 20 JOINT LETTER addressed to Judge Analisa Torres from Roberta A. Kaplan, dated January 4, 2022 re: Defendant City of New York's letter dated January 4, 2022, in Case Nos. 21-cv-10347, 21-cv-7695, and 21-cv-10602. Document filed by Portier, LLC..(Kaplan, Roberta)
January 4, 2022 Filing 19 LETTER addressed to Judge Analisa Torres from Karen B. Selvin dated January 4, 2022 re: Response to Joint Letter Submitted by DoorDash, Portier, and Grubhub dated Dec. 21, 2021. Document filed by City of New York..(Selvin, Karen)
December 27, 2021 Opinion or Order Filing 18 STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: 1. Plaintiff hereby agrees not to file a motion for a preliminary injunction; 2. Defendant and its agents will not enforce (including retroactively) the Challenged Laws against Plaintiff or its affiliated businesses operating under the names Grubhub, Just Eat Takeaway, Seamless, LevelUp, Tapingo, Eat24, MenuPages, and Allmenus (hereinafter the "affiliated businesses"), for any conduct occurring between (a) December 27, 2021, the effective date of N.Y.C. Administrative Code 20-847.3, and (b) sixty (60) days following a final determination by this Court resolving, or disposing of, this action (the "Non Enforcement Period"). Defendant and its agents will not consider compliance with the Challenged Laws during the Non-Enforcement Period in determining whether to grant or renew any license to Plaintiff or its affiliated businesses 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 the Challenged Laws are, 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. (Signed by Judge Analisa Torres on 12/27/2021) (kv)
December 21, 2021 Filing 17 JOINT LETTER addressed to Judge Analisa Torres from Roberta A. Kaplan dated December 21, 2021 re: consolidation of Case Nos. 21-cv-10347, 21-cv-7695, and 21-cv-10602. Document filed by Portier, LLC..(Kaplan, Roberta)
December 14, 2021 Opinion or Order Filing 16 ORDER, The Court intends to consolidate this action with Doordash, Inc. v. City of New York, 21 Civ. 7695 and Grnbhub Inc. v. City of New York, 21 Civ. 10602. The deadline of December 15, 2021, for any interested attorneys to apply to be appointed lead counsel is AJDOURNED to December 21, 2021. The deadline of December 20, 2021, for opposition to any such application is ADJOURNED to January 4, 2022. SO ORDERED. ( Motions due by 12/21/2021., Responses due by 1/4/2022) (Signed by Judge Analisa Torres on 12/14/21) (yv)
December 13, 2021 Opinion or Order Filing 15 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Parties, as follows: 1. Plaintiff hereby agrees not to file a motion for a preliminary injunction; 2. Defendant and its agents will not enforce (including retroactively) the Challenged Laws against Plaintiff or its affiliated businesses operating under the tradenames UberEats or Postmates for any conduct occurring between (a) December 27, 2021, the effective date of N.Y.C. Administrative Code 20-847.3, and (b) sixty (60) days following a final determination by this Court resolving, or disposing of, this action (the "Non-Enforcement Period"). Defendant and its agents will not consider compliance with the Challenged Laws during the Non- Enforcement Period in determining whether to grant or renew any license to Plaintiff or its affiliated businesses operating under the tradenames UberEats or Postmates 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 the Challenged Laws are, 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. (Signed by Judge Analisa Torres on 12/13/2021) (kv)
December 10, 2021 Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. City of New York waiver sent on 12/8/2021, answer due 2/7/2022. Document filed by Portier, LLC..(Kaplan, Roberta)
December 10, 2021 Filing 13 NOTICE OF APPEARANCE by Carlos Fernando Ugalde Alvarez on behalf of City of New York..(Ugalde Alvarez, Carlos)
December 10, 2021 Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by City of New York..(Selvin, Karen)
December 10, 2021 Filing 11 NOTICE OF APPEARANCE by Karen Beth Selvin on behalf of City of New York..(Selvin, Karen)
December 8, 2021 Opinion or Order Filing 10 ORDER: The Court intends to consolidate this action with Doordash, Inc. v. City of New York, 21 Civ. 7695. By December 15, 2021, any interested attorneys shall file requests to be appointed Lead Counsel. Opposition to any such application shall be filed by December 20, 2021. ( Motions due by 12/15/2021, Responses due by 12/20/2021) (Signed by Judge Analisa Torres on 12/8/2021) (ate)
December 6, 2021 Filing 9 ELECTRONIC SUMMONS ISSUED as to City of New York. (vf)
December 6, 2021 CASE REFERRED TO Judge Analisa Torres as possibly related to 1:21-cv-7695. (vf)
December 6, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Roberta Ann Kaplan. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
December 6, 2021 Case Designated ECF. (vf)
December 6, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf)
December 6, 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. (aea)
December 6, 2021 CASE ACCEPTED AS RELATED. Create association to 1:21-cv-07695-AT. Notice of Assignment to follow. (aea)
December 6, 2021 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (aea)
December 3, 2021 Filing 8 NOTICE OF APPEARANCE by Sofia Syed on behalf of Portier, LLC..(Syed, Sofia)
December 3, 2021 Filing 7 NOTICE OF APPEARANCE by Matthew J. Craig on behalf of Portier, LLC..(Craig, Matthew)
December 3, 2021 Filing 6 NOTICE OF APPEARANCE by John Charles Quinn on behalf of Portier, LLC..(Quinn, John)
December 3, 2021 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Uber Technologies, Inc. for Portier, LLC. Document filed by Portier, LLC..(Kaplan, Roberta)
December 3, 2021 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint. Document filed by Portier, LLC..(Kaplan, Roberta)
December 3, 2021 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-7695. Document filed by Portier, LLC..(Kaplan, Roberta)
December 3, 2021 Filing 2 CIVIL COVER SHEET filed..(Kaplan, Roberta)
December 3, 2021 Filing 1 COMPLAINT against City of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-25422219)Document filed by Portier, LLC..(Kaplan, Roberta)

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Plaintiff: Portier, LLC
Represented By: John Charles Quinn
Represented By: Matthew J. Craig
Represented By: Sofia Syed
Represented By: Roberta Ann Kaplan
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Defendant: City of New York
Represented By: Karen Beth Selvin
Represented By: Carlos Fernando Ugalde Alvarez
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