United States of America v. Uber Technologies, Inc.
Case Summary
On November 10, 2021, the United States of America (“Plaintiff”), represented by Cheryl Rost and Matthew J. Faiella of DOJ-Crt, David Michael DeVito of the United States Attorney’s Office, and Sarah Golabek-Goldman of the U.S. Department of Justice, filed a civil rights lawsuit against Uber Technologies, Inc. (“Defendant” or “Uber”), seeking declaratory and injunctive relief along with damages, costs, and disbursements, for the Defendant’s alleged discrimination against passengers with disabilities through its policies and practices of imposing “wait time” fees upon them. This case was filed in the U.S. District Court in the Northern District of California with Judge Donna M. Ryu presiding.
In the complaint, the Plaintiff alleged that “In April 2016, Uber launched a new policy of charging passengers wait time fees in limited locations throughout the United States.” “Under this policy, Uber charges wait time fees starting two minutes after the Uber vehicle arrives at the pickup location, and the fees are charged until the vehicle begins its trip.” “The two-minute window before which wait time fees are charged begins when Uber determines via the global positioning system, or GPS, that the driver has arrived at the pickup location.” “Uber drivers do not have discretion related to wait time fees to indicate when they have arrived at the pick-up location.”
The Plaintiff further alleged “Many passengers with disabilities require more than two minutes to board or load into a vehicle for various reasons, including because they may use mobility aids and devices such as wheelchairs and walkers that need to be broken down and stored in the vehicle or because they simply need additional time to board the vehicle.” “Passengers with disabilities who take longer than two minutes to board or load into the vehicle are charged a wait time fee regardless of the reason that it takes them longer than two minutes to begin the trip.” “Uber, however, has also denied wait time fee refunds to some passengers with disabilities even after being informed that the fees were charged because of their disabilities.”
The only claim for relief laid down by the Plaintiff is for the alleged violation of Title III of the Americans with Disabilities Act, wherein the Plaintiff alleged that, in violation of the ADA, Uber has failed to (1) ensure adequate vehicle boarding time for passengers with disabilities; (2) ensure equitable fares for passengers with disabilities; and (3) make reasonable modifications to its policies and practices of imposing wait time fees as applied to passengers who, because of disability, require more time to board the vehicle.
In the prayer for relief, the Plaintiff requested the Court to declare that Uber’s actions, policies, and practices violate Title III of the ADA and its implementing regulation 49 C.F.R. Part 37, and to order Uber to modify the same, including its wait time fee policy, to comply with Title III of the ADA, and its implementing regulation, 49 C.F.R. Part 37. Further, the Plaintiff requested the Court to enter an order enjoining Uber from engaging in discrimination against individuals with disabilities. The Plaintiff further requested for monetary damages, including compensatory damages for emotional distress and other injuries, to persons aggrieved by Uber’s actions or failures to act, and a civil penalty against Uber to vindicate the public interest and such other appropriate relief as the interests of justice may require, together with Plaintiff’s costs and disbursements in this action.
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Case Details
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Case Number:
3:21-CV-08735
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Filing Date:
11/10/2021
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Case Status:
Pending - Other Pending
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Case Type:
Civil Right - Other Disability Discrimination
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Court:
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Courthouse:
Judge Details
Presiding Judges
William Alsup
Donna M. Ryu
Party Details
Plaintiff
United States of America
Defendant
Uber Technologies, Inc.
Attorney/Law Firm Details
Plaintiff Attorneys
Michelle Lo
Attorney at United States Attorney's Office
450 Golden Gate Avenue, P.O. Box 36055
San Francisco, CA 94102
Stephanie M. Hinds
Attorney at Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, CA 94102
David W. Knight
Attorney at U.S. Department of Justice
950 Pennsylvania Ave Nw, 4Con
Washington, DC 20530
Cheryl Rost
Attorney at DOJ-Crt
950 Pennsylvania Ave. Nw - 4Con, Ste 4Con 9.1117
Washington, DC 20530
Matthew J Faiella
Attorney at DOJ-Crt
950 Pennsylvania Ave Nw -- 4Con, Disability Rights Section
Washington, DC 20530
Sarah Golabek-Goldman
Attorney at U.S. Department of Justice
950 Pennsylvania Ave Nw
Washington, DC 20530
David Michael DeVito
Attorney at United States Attorney's Office
450 Golden Gate Avenue, 9Th Floor, P.O. Box 36055
San Francisco, CA 94102
Megan E. Schuller
Attorney at U.S. Department of Justice
950 Pennsylvania Ave. Nw - Nya
Washington, DC 20530
Defendant Attorneys
Alan Evan Schoenfeld
Attorney at Wilmer Cutler Pickering Hale and Dorr LLP
7 World Trade Center
New York, NY 10007
Debo P. Adegbile
Attorney at Wilmer Cutler Pickering Hale & Dorr LLP
7 World Trade Center, 250 Greenwich Street
New York, NY 10007
Joshua Aisen Vittor
Attorney at WilmerHale
350 South Grand Avenue, Suite 2400
Los Angeles, CA 90071
Court Documents
Exhibit 1 - Settlement Agreement
Main Document
(#42) ANSWER to Complaint byUber Technologies, Inc.. (Schoenfeld, Alan) (Filed on 4/27/2022) (Entered: 04/27/2022)
(#41) PROTECTIVE ORDER. (whalc1, COURT STAFF) (Filed on 4/25/2022) (Entered: 04/25/2022)
(#40) STIPULATION WITH PROPOSED ORDER Proposed Stipulated Protective Order filed by United States of America. (Rost, Cheryl) (Filed on 4/22/2022) (Entered: 04/22/2022)
(#39) Transcript of Proceedings held on 4-13-2022, before Judge William H. Alsup. Court Reporter/Transcriber Debra Pas, CRR, telephone number (415) 431-1477/Email: Debra_Pas@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #37 Transcript Order, #38 Transcript Order ) Release of Transcript Restriction set for 7/18/2022. (Related documents(s) #37 , #38 ) (Pas, Debra) (Filed on 4/18/2022) (Entered: 04/18/2022)
(#38) TRANSCRIPT ORDER for proceedings held on 4/13/2022 before Judge William Alsup by Uber Technologies, Inc., for Court Reporter Debra Pas. (Schoenfeld, Alan) (Filed on 4/14/2022) (Entered: 04/14/2022)
(#37) TRANSCRIPT ORDER for proceedings held on 4/13/2022 before Judge William Alsup by United States of America, for Court Reporter Debra Pas. (Rost, Cheryl) (Filed on 4/14/2022) (Entered: 04/14/2022)
(#36) CASE MANAGEMENT ORDER: Final Pretrial Conference set for 11/2/2022 02:00 PM in San Francisco, Courtroom 12, 19th Floor. Jury Selection/Jury Trial set for 11/7/2022 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Amended Pleadings due by 5/31/2022. Close of Fact Discovery due by 8/31/2022. Dispositive Motions due by 9/1/2022. Signed by Judge William Alsup on 4/13/2022. (afm, COURT STAFF) (Filed on 4/14/2022) (Entered: 04/14/2022)
(#9) NOTICE of Appearance by David W. Knight (Knight, David) (Filed on 11/22/2021) (Entered: 11/22/2021)
(#8) Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (ark, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/12/2021)
(#7) Summons Issued as to Uber Technologies, Inc.. (ark, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/12/2021)
(#6) NOTICE of Appearance by Cheryl Rost (Rost, Cheryl) (Filed on 11/10/2021) (Entered: 11/10/2021)
(#5) NOTICE of Appearance by Sarah Golabek-Goldman (Golabek-Goldman, Sarah) (Filed on 11/10/2021) (Entered: 11/10/2021)
(#4) NOTICE of Appearance by Matthew J Faiella (Faiella, Matthew) (Filed on 11/10/2021) (Entered: 11/10/2021)
(#2) Proposed Summons. (DeVito, David) (Filed on 11/10/2021) (Entered: 11/10/2021)
Civil Cover Sheet
Main Document
Docket Entries
- 07/18/2022
- View Court Documents
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Docket(#43) STIPULATION WITH PROPOSED ORDER OF DISMISSAL filed by United States of America. (Attachments: #1 Exhibit 1 - Settlement Agreement)(DeVito, David) (Filed on 7/18/2022) (Entered: 07/18/2022)
- 04/27/2022
- View Court Documents
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Docket(#42) ANSWER to Complaint byUber Technologies, Inc.. (Schoenfeld, Alan) (Filed on 4/27/2022) (Entered: 04/27/2022)
- 04/25/2022
- View Court Documents
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Docket(#41) PROTECTIVE ORDER. (whalc1, COURT STAFF) (Filed on 4/25/2022) (Entered: 04/25/2022)
- 04/22/2022
- View Court Documents
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Docket(#40) STIPULATION WITH PROPOSED ORDER Proposed Stipulated Protective Order filed by United States of America. (Rost, Cheryl) (Filed on 4/22/2022) (Entered: 04/22/2022)
- 04/18/2022
- View Court Documents
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Docket(#39) Transcript of Proceedings held on 4-13-2022, before Judge William H. Alsup. Court Reporter/Transcriber Debra Pas, CRR, telephone number (415) 431-1477/Email: Debra_Pas@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #37 Transcript Order, #38 Transcript Order ) Release of Transcript Restriction set for 7/18/2022. (Related documents(s) #37 , #38 ) (Pas, Debra) (Filed on 4/18/2022) (Entered: 04/18/2022)
- 04/14/2022
- View Court Documents
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Docket(#38) TRANSCRIPT ORDER for proceedings held on 4/13/2022 before Judge William Alsup by Uber Technologies, Inc., for Court Reporter Debra Pas. (Schoenfeld, Alan) (Filed on 4/14/2022) (Entered: 04/14/2022)
- 04/14/2022
- View Court Documents
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Docket(#37) TRANSCRIPT ORDER for proceedings held on 4/13/2022 before Judge William Alsup by United States of America, for Court Reporter Debra Pas. (Rost, Cheryl) (Filed on 4/14/2022) (Entered: 04/14/2022)
- 04/14/2022
- View Court Documents
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Docket(#36) CASE MANAGEMENT ORDER: Final Pretrial Conference set for 11/2/2022 02:00 PM in San Francisco, Courtroom 12, 19th Floor. Jury Selection/Jury Trial set for 11/7/2022 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Amended Pleadings due by 5/31/2022. Close of Fact Discovery due by 8/31/2022. Dispositive Motions due by 9/1/2022. Signed by Judge William Alsup on 4/13/2022. (afm, COURT STAFF) (Filed on 4/14/2022) (Entered: 04/14/2022)
- 04/13/2022
- View Court Documents
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Docket(#35) MEMORANDUM OPINION RE #24 MOTION TO DISMISS. (whalc1, COURT STAFF) (Filed on 4/13/2022) (Entered: 04/13/2022)
- 04/13/2022
- View Court Documents
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Docket(#34) Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re #24 MOTION to Dismiss held on 4/13/2022. Oral arguments made and heard. #24 Motion to Dismiss is denied, without prejudice, for the reasons as stated on the record. Start of discovery is effective as of today. Court sets trial for 11/7/2022. Court to issue Case Management Scheduling Order. Total Time in Court: 44 minutes. Court Reporter: Debra Pas. Plaintiff Attorney: David Knight, Matthew Faiella, David DeVito. Defendant Attorney: Alan Schoenfeld. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 4/13/2022) (Entered: 04/13/2022)
- 11/24/2021
- View Court Documents
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Docket(#10) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States of America.. (Attachments: #1 Certificate/Proof of Service)(DeVito, David) (Filed on 11/24/2021) (Entered: 11/24/2021)
- 11/22/2021
- View Court Documents
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Docket(#9) NOTICE of Appearance by David W. Knight (Knight, David) (Filed on 11/22/2021) (Entered: 11/22/2021)
- 11/12/2021
- View Court Documents
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Docket(#8) Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (ark, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/12/2021)
- 11/12/2021
- View Court Documents
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Docket(#7) Summons Issued as to Uber Technologies, Inc.. (ark, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/12/2021)
- 11/10/2021
- View Court Documents
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Docket(#6) NOTICE of Appearance by Cheryl Rost (Rost, Cheryl) (Filed on 11/10/2021) (Entered: 11/10/2021)
- 11/10/2021
- View Court Documents
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Docket(#5) NOTICE of Appearance by Sarah Golabek-Goldman (Golabek-Goldman, Sarah) (Filed on 11/10/2021) (Entered: 11/10/2021)
- 11/10/2021
- View Court Documents
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Docket(#4) NOTICE of Appearance by Matthew J Faiella (Faiella, Matthew) (Filed on 11/10/2021) (Entered: 11/10/2021)
- 11/10/2021
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Docket(#3) Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/24/2021. (mbc, COURT STAFF) (Filed on 11/10/2021) (Entered: 11/10/2021)
- 11/10/2021
- View Court Documents
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Docket(#2) Proposed Summons. (DeVito, David) (Filed on 11/10/2021) (Entered: 11/10/2021)
- 11/10/2021
- View Court Documents
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Docket(#1) COMPLAINT against Uber Technologies, Inc.. Filed byUnited States of America. (Attachments: #1 Civil Cover Sheet)(DeVito, David) (Filed on 11/10/2021) (Entered: 11/10/2021)
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