Stenzel v. Uber Technologies, Inc. et al
| New York Eastern District Court | |
| Judge: | Brian M Cogan |
| Case #: | 1:24-cv-03243 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | May 01, 2024 |
| Terminated: | Oct 04, 2024 |
| Last checked: Monday Oct 28, 2024 4:28 AM EDT |
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Defendant
Rodwan M. Satti
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Defendant
Abdelmjeed Tmouny
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Defendant
Uber Technologies, Inc.
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Represented By
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Defendant
Uber USA, LLC
405 Howard Street
San Francisco, CA 94105 |
Represented By
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Plaintiff
Michael Stenzel
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Represented By
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Plaintiff
Ursula Stenzel
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Represented By
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| Docket last updated: 2 hours ago |
| Friday, October 04, 2024 | ||
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order
Order on Motion to Compel Order on Motion to Stay ~Util - Case Stayed
Fri 10/04 1:27 PM
ORDER granting24 and terminating23 as moot. This action is stayed pending arbitration. The stay shall be implemented by marking the case as closed for administrative purposes subject to reopening upon notice to the Court within 60 days of a final arbitral award. Ordered by Judge Brian M. Cogan on 10/4/2024. (PW) |
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utility
Incomplete ACO Case Termination/Statistical/Non Reportable Closing
Fri 10/04 3:29 PM
Incomplete ACO Case Termination/Statistical/Non Reportable Closing. (RG) |
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| Wednesday, October 02, 2024 | ||
| 24 | 24
motion
Stay
Wed 10/02 5:39 PM
Letter MOTION to Stay Joint Letter advising the Court that the parties have reached an agreement to proceed to Arbitration by Uber Technologies, Inc., Uber USA, LLC. (Hemway, Michael) |
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| Friday, September 20, 2024 | ||
| 23 | 23
motion
Compel
Fri 09/20 4:48 PM
MOTION to Compel Arbitration and Stay Action by Uber Technologies, Inc., Uber USA, LLC. (Seiden, Mark) |
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Att: 1
Affidavit in Support Affirmation of Roy Anderson in Support of Motion to Compel Arbitration and Stay,
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Att: 2
Memorandum in Support Memorandum of Law in Support of Motion to Compel Arbitration and Stay,
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Att: 3
Exhibit Ex. 1 - Notice of Intention to Arbitrate,
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Att: 4
Exhibit Ex. 2 - Affidavit of Jacqueline Pare with Exhibits,
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Att: 5
Exhibit Ex. 3 - Orders from NY Courts Granting Uber's OTSC's for Stay,
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Att: 6
Exhibit Ex. 4 - Hamilton Opinion & Order,
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Att: 7
Exhibit Ex. 5 - Spates Order,
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Att: 8
Exhibit Ex. 6 - Brooks Decision,
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Att: 9
Exhibit Ex. 7 - Mejia Decision,
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Att: 10
Exhibit Ex. 8 - Wu Decision,
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Att: 11
Exhibit Ex. 9 - Orders from NY Courts Granting Uber's Motion to Compel Arbitration,
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Att: 12
Exhibit Ex. 10 - Frasier/Harrison Decision,
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Att: 13
Exhibit Ex. 11 - Curry Decision,
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Att: 14
Exhibit Ex. 12 - Brown Decision,
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Att: 15
Exhibit Ex. 13 - Moye Decision
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| Monday, September 16, 2024 | ||
| 22 | 22
order
Clerks Entry of Default
Mon 09/16 12:54 PM
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Rodwan M. Satti, Abdelmjeed Tmouny has failed to appear or otherwise defend this action, the default of defendant Rodwan M. Satti, Abdelmjeed Tmouny is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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| Friday, September 06, 2024 | ||
| 21 | 21
notice
Notice of Appearance
Fri 09/06 9:06 AM
NOTICE of Appearance by Michael Joseph Hemway on behalf of Uber Technologies, Inc., Uber USA, LLC (notification declined or already on case) (Hemway, Michael) |
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| 20 | 20
service
Certificate of Service
Fri 09/06 8:51 AM
CERTIFICATE OF SERVICE by Michael Stenzel, Ursula Stenzel re15 Request for Certificate of Default (Tabar, Jonathan) |
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| 19 | 19
service
Certificate of Service
Fri 09/06 8:49 AM
CERTIFICATE OF SERVICE by Michael Stenzel, Ursula Stenzel re15 Request for Certificate of Default (Tabar, Jonathan) |
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| 18 | 18
misc
Request for Certificate of Default
Fri 09/06 8:47 AM
Request for Certificate of Default by Michael Stenzel, Ursula Stenzel (Tabar, Jonathan) |
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| 17 | 17
misc
Declaration
Fri 09/06 8:37 AM
DECLARATION re15 Request for Certificate of Default by Michael Stenzel, Ursula Stenzel (Tabar, Jonathan) |
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| 16 | 16
misc
Declaration
Fri 09/06 8:36 AM
DECLARATION re15 Request for Certificate of Default by Michael Stenzel, Ursula Stenzel (Tabar, Jonathan) |
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Att: 1
Affidavit of Service
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| 15 | 15
misc
Request for Certificate of Default
Fri 09/06 8:29 AM
Request for Certificate of Default by Michael Stenzel, Ursula Stenzel (Tabar, Jonathan) |
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order
Order on Motion to Substitute Attorney
Fri 09/06 10:46 AM
ORDER granting14 Motion to Substitute Attorney. Attorney Medea Matiashvili terminated. Ordered by Judge Brian M. Cogan on 9/6/2024. (PW) |
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minutes
Initial Conference Hearing
Fri 09/06 10:48 AM
Minute Entry and Order for Status Conference held on 9/06/2024 before Judge Brian M. Cogan. Counsel for both parties appeared telephonically. Uber shall file its motion to compel arbitration by 9/20/2024; opposition due 10/04/2024; reply due 10/11/2024. (PW) |
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| Thursday, September 05, 2024 | ||
| 14 | 14
motion
Substitute Attorney
Thu 09/05 3:06 PM
First MOTION to Substitute Attorney within the same firm by Uber Technologies, Inc., Uber USA, LLC. (Matiashvili, Medea) |
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| 13 | 13
misc
Letter
Thu 09/05 2:41 PM
Letter to Hon. B. Cogan with Affidavit by Uber Technologies, Inc., Uber USA, LLC (Matiashvili, Medea) |
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order
Order on Motion to Substitute Attorney
Thu 09/05 3:52 PM
ORDER deferring ruling on14 Motion to Substitute Attorney. Michael Hemway must file a Notice of Appearance prior to tomorrow's conference, and upon filing of the notice, the motion to be terminated as counsel will be granted. Ordered by Judge Brian M. Cogan on 9/5/2024. (PW) |
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| Wednesday, September 04, 2024 | ||
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order
Order(Other)
Wed 09/04 3:32 PM
ORDER re:12 . Request Denied. First, by designating this as a "mail receipt" on ECF instead of a motion to adjourn, Uber practically guaranteed that the Court would overlook it. Second, Uber is directed to file forthwith (like today) the contract containing the arbitration clause so that the Court can decide on Friday whether to send the matter to arbitration. The Court is not going to wait a month for the parties to "prepare requests for premotion conferences and coordinate the timeline of the same." What an abysmal waste of time that would be. We will do it all on Friday. In addition, if there are parties in default, plaintiff is Ordered to file a request for entry of default with the clerk of court before the conference on Friday, failing which those defendants will be dismissed. Finally, plaintiff is Ordered to deliver a complete set of medical releases and authorizations to Uber prior to the conference if he hasn't done so already. Uber chose to remove this case to federal court, and it is going to move a lot faster than it would had it stayed in state court. Ordered by Judge Brian M. Cogan on 9/4/2024. (PW) |
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| Friday, August 30, 2024 | ||
| 12 | 12
misc
Mail Receipt Letter
Fri 08/30 11:58 AM
Mail receipt, Letter Request for Adjournment by Uber USA, LLC (Matiashvili, Medea) |
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| Monday, August 12, 2024 | ||
| 11 | 11
order
Scheduling Order
Mon 08/12 2:58 PM
SCHEDULING ORDER: This case has been reassigned to the undersigned because the parties failed to submit the consent form to remain before Magistrate Judge Bulsara. If that was either or both of their intent, that it is their right, but if they simply neglected to file the consent, they may do so no later than 8/19/2024. If the consent is not filed, this Court will hold an Initial Status Conference by telephone on 9/6/2024 at 10:00 am. The parties are directed to call 571-353-2301 and enter Meeting ID 949146687#. At that conference, the parties can expect to be placed on a prompt discovery and trial schedule, see attached mandatory requirements. Prior to the conference, plaintiff is directed to serve on defendants a complete set of medical releases and HIPAA authorizations. Ordered by Judge Brian M. Cogan on 8/12/2024. (PW) |
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utility
Case Assigned/Reassigned
Mon 08/12 9:56 AM
Case Reassigned to Judge Brian M. Cogan. Magistrate Judge Sanket J. Bulsara no longer assigned as presider to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (DA) |
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| Friday, August 09, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Fri 08/09 9:00 AM
NOTICE to Assign District Judge: The Clerk of Court is directed to assign a District Judge to this case. (EM) |
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| Wednesday, August 07, 2024 | ||
| 10 | 10
misc
Letter
Wed 08/07 3:42 PM
Letter to Judge Bulsara by Uber Technologies, Inc., Uber USA, LLC (Matiashvili, Medea) |
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| Thursday, August 01, 2024 | ||
| 9 | 9
misc
Letter
Thu 08/01 3:36 PM
Letter responding to court's order dated July 15, 2024 by Uber Technologies, Inc., Uber USA, LLC (Matiashvili, Medea) |
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Att: 1
Affidavit of Service Affidavit of Service - Rodwan M. Swatti,
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Att: 2
Affidavit of Service Affidavit of Service - Abdelmjeed Tmouny
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| Monday, July 15, 2024 | ||
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order
Order to Show Cause
Mon 07/15 5:47 PM
ORDER TO SHOW CAUSE: Defendants Uber Technologies, Inc. and Uber USA, LLC ("Uber") removed this case to federal court on 5/1/2024, asserting that the Court has diversity jurisdiction under 28 U.S.C. § 1332(a)(1). (Notice of Removal, Dkt. No.1 ). "The party seeking to invoke jurisdiction under 28 U.S.C. § 1332 bears the burden of demonstrating that the grounds for diversity exist and that diversity is complete." Advani Enters., Inc. v. Underwriters at Lloyds , 140 F.3d 157, 160 (2d Cir. 1998). Section 1332(a) requires complete diversity among the plaintiffs and defendants for a federal court to exercise diversity jurisdiction. Herrick Co. v. SCS Commc'ns, Inc. , 251 F.3d 315, 322 (2d Cir. 2001) ("[D]iversity jurisdiction is available only when all adverse parties to a litigation are completely diverse in their citizenships."). Cases that would otherwise be removable on the basis of diversity jurisdiction are nevertheless not removable if a defendant is a citizen of the state in which the action is brought. 28 U.S.C. § 1441(b)(2) ("A civil action otherwise removable solely on the basis of [diversity jurisdiction] may not be removed if any of the parties in interest joined and served as defendants is a citizen of the State in which such action is brought."); Gibbons v. Bristol-Myers Squibb Co. , 919 F.3d 699, 704-05 (2d Cir. 2019) ("In the usual case, application of the forum defendant rule is straightforward: a defendant is sued in a diversity action in the state courts of its home state, is served in accordance with state law, attempts to remove the case, and is rebuffed by a district court applying Section 1441(b)(2)."). According to the Notice of Removal, Plaintiffs are citizens of Florida. (Notice of Removal para. 5). Defendants Uber Technologies and Uber USA are corporations incorporated in Delaware and with their principal places of business in California. ( Id. paras. 3-4). Defendant Rodwan M. Satti is alleged to be a citizen of New York. ( Id. para. 6). Defendant Abdelmjeed Tmouny's citizenship is disputed: Plaintiffs allege he is a New York citizen, while Uber alleges he is a citizen of Indiana. ( Id. para. 7). Based on this limited record, the Court would have to conclude that at least one defendant is a citizen of New York, the forum state. Uber has also indicated that it is "the only joined defendant in this action." ( Id. para. 11). Defendants Satti and Tmouny have apparently not appeared or answered in this case, but there is no indication whether they were properly served by Plaintiffs. If Satti and Tmouny were not properly served by Plaintiffs before Uber removed the case, then their presence as forum-state defendants does not require remand under § 1441(b)(2). Gibbons , 919 F.3d at 705. However, if Satti and Tmouny were properly served, then the forum-state removal bar attaches, and the Court would be required to remand for lack of subject matter jurisdiction. Id. Thus, Uber is ordered to show cause whether Satti and Tmouny were served before Uber's removal of the case by 7/22/2024 . So Ordered by Magistrate Judge Sanket J. Bulsara on 7/15/2024. (AL) |
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| Friday, June 28, 2024 | ||
| 8 | 8
order
Scheduling Order
Fri 06/28 3:29 PM
SCHEDULING ORDER: An in-person initial conference will be held at 2:00 P.M. on 8/30/2024 in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara at 225 Cadman Plaza, East, Brooklyn, New York. The parties are directed to proceed directly to Courtroom 13C South, in the South Wing. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 8/27/2024 . Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/28/2024. (EM) |
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| Monday, May 20, 2024 | ||
| 7 | 7
notice
Notice of Appearance
Mon 05/20 12:44 PM
NOTICE of Appearance by Evan Torgan on behalf of All Plaintiffs (aty to be noticed) (Torgan, Evan) |
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| Friday, May 03, 2024 | ||
| 6 | 6
notice
Notice of Opportunity to Consent
Fri 05/03 4:19 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (KD) |
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| 5 | 5
discov
Disclosure of Interested Parties
Fri 05/03 2:09 PM
DISCLOSURE of Interested Parties by Uber Technologies, Inc., Uber USA, LLC. (Matiashvili, Medea) |
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| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Fri 05/03 1:59 PM
Civil Cover Sheet.. Re1 Notice of Removal, by Uber Technologies, Inc., Uber USA, LLC (Matiashvili, Medea) |
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notice
Notice: Re: Incomplete Civil Cover Sheet
Fri 05/03 8:24 AM
FINAL NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit a completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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misc
Notice to Pay Civil Filing Fee
Fri 05/03 8:27 AM
The case of Stenzel v. Uber Technologies, Inc. et al. , has been opened in the Eastern District of New York. The case number is 24-cv-3243 . PLEASE NOTE: You must pay the case filing fee for this case to be assigned a Judge . Select the event (Civil Case Filing Fee) and pay online. (KD) |
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misc
Civil Case Filing Fee
Fri 05/03 2:42 PM
CIVIL CASE FILING FEE: $ 405, receipt number ANYEDC-17839633 (Matiashvili, Medea) |
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utility
Case Assigned/Reassigned
Fri 05/03 4:09 PM
Case Assigned to Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
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misc
ECF Admission and Registration Notification - Removal
Fri 05/03 4:31 PM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
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| Thursday, May 02, 2024 | ||
| 3 | 3
service
Affidavit of Service
Thu 05/02 5:30 PM
AFFIDAVIT of Service for Answer served on Torgan Cooper & Aaron, P.C. on 5/2/2024, filed by Uber Technologies, Inc., Uber USA, LLC. (Matiashvili, Medea) |
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| 2 | 2
respoth
Answer to Complaint (Notice of Removal)
Thu 05/02 2:50 PM
ANSWER to Complaint (Notice of Removal) by Uber Technologies, Inc., Uber USA, LLC. (Matiashvili, Medea) |
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| Wednesday, May 01, 2024 | ||
| 1 | 1
notice
Notice of Removal
Wed 05/01 2:40 PM
NOTICE OF REMOVAL by Uber Technologies, Inc., Uber USA, LLC from Supreme Court of the State of New York, County of Kings, case number 508799/2024. (Matiashvili, Medea) |
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Att: 1
Supplement Rule 7.1 Statement,
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Att: 2
Exhibit Exhibit A - Complaint in the Action,
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Att: 3
Exhibit Exhibit B -Copies of Affidavits of Service and Service of Process Transmittal Summaries,
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Att: 4
Exhibit Exhibit C - Operators License
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notice
Notice: Re: Incomplete Civil Cover Sheet
Wed 05/01 5:27 PM
NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit a completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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notice
Notice(Other)
Wed 05/01 5:29 PM
NOTICE In Re: Rule 7.1 Statement Should be filed as a separated docket entry not as an attachment to the Notice of Removal 1 . Please correctly file the Rule 7.1 Statement. This event can be found under the event Discovery Documents-DISCLOSURE OF INTERESTED PARTIES. (KD) |
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