Montoya v. City of San Diego (3:19-cv-00054)

COMPLAINT with Jury Demand against Bird Rides, Inc., City of San Diego, DOES 1-100, Neutron Holdings, Inc., Razor USA LLC ( Filing fee $ 400 receipt number 0974-12072847.), filed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:19-cv-00054-JM-BGS. Judge Jeffrey T. Miller and Magistrate Judge Bernard G. Skomal are assigned to the case. (Souther, Matthew)(mme) (jao). (Entered: 01/10/2019)

*** DOCUMENT WITHDRAWN PER NOTICE OF WITHDRAWAL 4 *** NOTICE OF ERRATA by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 1 Complaint, (Souther, Matthew) **Q.C. Mailer re: Wrong Event. Filer instructed to file an Notice of Withdrawal and submit correct document (sjm). (Entered: 01/18/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to City of San Diego. (Souther, Matthew) (sjm). (Entered: 02/13/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to Neutron Holdings, Inc.. (Souther, Matthew) (sjm). (Entered: 02/13/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to Razor USA LLC. (Souther, Matthew) (sjm). (Entered: 02/19/2019)

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12315179.) (Application to be reviewed by Clerk.) (Schuster, Stephanie) QC email sent re missing signature. (dsn) (Entered: 03/19/2019)

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Estevez, Anne) (dsn) (Entered: 03/19/2019)

CERTIFICATE OF SERVICE by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 14 Amended Document FIRST AMENDED COMPLAINT (Souther, Matthew). (jah). (Entered: 03/22/2019)

*** DOCUMENT WITHDRAWN PER NOTICE OF WITHDRAWAL 20 *** CERTIFICATE OF SERVICE by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 16 Notice of Appearance (Attachments: # 1 Proof of Service)(Menasche, Ann). Modified on 3/25/2019 - Wrong pdf attached, duplicate of ECF 16 . QC Email sent to withdraw and refile with correct pdf (jah). Modified on 3/26/2019 (sjm). (Entered: 03/22/2019)

NOTICE of Appearance by Benjamin T. Conway on behalf of Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley (Conway, Benjamin)Attorney Benjamin T. Conway added to party Aaron Gresson(pty:pla), Attorney Benjamin T. Conway added to party Alex Montoya(pty:pla), Attorney Benjamin T. Conway added to party Philip Pressel(pty:pla), Attorney Benjamin T. Conway added to party Rex Shirley(pty:pla) (sjm). (Entered: 03/25/2019)

CERTIFICATE OF SERVICE by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 16 Notice of Appearance, (Menasche, Ann) (sjm). (Entered: 03/25/2019)

NOTICE of Appearance by Phillip Edmond Stephan on behalf of Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley (Attachments: # 1 Proof of Service Certificate of Service)(Stephan, Phillip)Attorney Phillip Edmond Stephan added to party Aaron Gresson(pty:pla), Attorney Phillip Edmond Stephan added to party Alex Montoya(pty:pla), Attorney Phillip Edmond Stephan added to party Philip Pressel(pty:pla), Attorney Phillip Edmond Stephan added to party Rex Shirley(pty:pla) (sjm). (Entered: 04/01/2019)

ORDER Approving the Pro Hac Vice Application of Stephanie Schuster, re 12 Request to Appear Pro Hac Vice. Signed by Judge Jeffrey T. Miller on 4/3/2019. (mdc) (Entered: 04/04/2019)

MOTION to Dismiss Defendant City of San Diego's Memorandum of Points and Authorities in Support of Motion to Dismiss by City of San Diego. (Attachments: # 1 Proof of Service)(Nicholas, Danna)Attorney Danna Marie Whit Nicholas added to party City of San Diego(pty:dft) (sjm). (Entered: 04/04/2019)

NOTICE of Party With Financial Interest by Neutron Holdings, Inc. . No Parties With Financial Interest. (Estevez, Anne) (sjm). (Entered: 04/04/2019)

Joint MOTION to Strike Class Allegations by Bird Rides, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Bronwyn F. Pollock, # 3 Request for Judicial Notice)(Pollock, Bronwyn)Attorney Bronwyn F Pollock added to party Bird Rides, Inc.(pty:dft) (sjm). (Entered: 04/04/2019)

NOTICE OF WITHDRAWAL OF DOCUMENT by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley . (Menasche, Ann) (sjm). (Entered: 05/06/2019)

RESPONSE in Opposition re 31 Joint MOTION to Strike Class Allegations filed by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Attachments: # 1 Declaration Phillip E. Stephan In Support of OppMotToStrike, # 2 Proof of Service MPA&DeclaOppToMotToStrike)(Menasche, Ann) (sjm). (Entered: 05/06/2019)

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12490088.)(Application to be reviewed by Clerk.)(Jones, Daniel)(jrd) (Entered: 05/08/2019)

REPLY to Response to Motion re 31 Joint MOTION to Strike Class Allegations filed by Bird Rides, Inc.. (Pollock, Bronwyn) QC mailer sent re: document signed by an attorney not associated with a party in the case (tcf). (Entered: 05/13/2019)

Minute Order by Judge Jeffrey T. Miller: Pursuant to Civil Local Rule 7.1.d.1, the court takes Defendants' Joint Motion to Dismiss (Doc. No. 30 ) and Defendants' Joint Motion to Strike Class Allegations (Doc. No. 31 ) under submission and vacates the May 20, 2019 hearing. Order to follow in due course.(no document attached) (gac) (Entered: 05/15/2019)

ORDER Approving the Pro Hac Vice Application of Daniel E. Jones (Re: ECF No. 37 Request to Appear Pro Hac Vice). Signed by Judge Jeffrey T. Miller on 5/13/2019.(All non-registered users served via U.S. Mail Service)(jrd) (Entered: 05/16/2019)

NOTICE of Appearance by Jason H. Dang on behalf of Uber Technologies, Inc. (Attachments: # 1 Proof of Service)(Dang, Jason)Attorney Jason H. Dang added to party Uber Technologies, Inc.(pty:dft) (sjm). (Entered: 05/17/2019)

PRO HAC APPROVED re 43 : Joseph Colin Knisely appearing for Defendant Uber Technologies, Inc. (no document attached) (mdc) (Entered: 05/17/2019)

Joint MOTION for Extension of Time to File a Response to the First Amended Class Action Complaint of Plaintiffs by Lyft, Inc.. (Attachments: # 1 Declaration of Eden Anderson)(Anderson, Eden)Attorney Eden Edwards Anderson added to party Lyft, Inc.(pty:dft) (sjm). (Entered: 05/21/2019)

NOTICE of Party With Financial Interest by Lyft, Inc. . Identifying Other Affiliate Rakuten, Inc. for Lyft, Inc.. (Anderson, Eden) (sjm). (Entered: 05/21/2019)

ORDER ON JOINT MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT DENYING 49 Motion for Extension of Time to File. The deadline for Defendant Lyft to answer or otherwise respond to the amended complaint is June 3, 2019. Signed by Judge Jeffrey T. Miller on 5/22/2019. (sjm) (Entered: 05/22/2019)

NOTICE of Party With Financial Interest by Uber Technologies, Inc. . No Parties With Financial Interest. (Baird, Courtney) (sjm). (jao). (Entered: 05/22/2019)

MOTION to Dismiss Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint by City of San Diego. (Attachments: # 1 Memo of Points and Authorities ISO Motion to Dismiss, # 2 Proof of Service)(Nicholas, Danna) (sjm). (Entered: 05/31/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to City of San Diego. (Souther, Matthew) (sjm). (Entered: 06/03/2019)

WAIVER OF SERVICE Returned Executed by Rex Shirley, Aaron Gresson, Alex Montoya, Philip Pressel, as to Wheels Labs, Inc.. (Souther, Matthew) (sjm). (Entered: 06/03/2019)

MOTION to Dismiss for Failure to State a Claim by Uber Technologies, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Proof of Service)(Baird, Courtney) (sjm). (Entered: 06/07/2019)

NOTICE of Errata Correcting Exhibit B to the Request for Judicial Notice Filed in Support of Motion to Dismiss by Uber Technologies, Inc. re 63 MOTION to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit B-1)(Dang, Jason) (sjm). (Entered: 06/20/2019)

RESPONSE in Opposition re 57 MOTION to Dismiss Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint filed by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Menasche, Ann) (sjm). (Entered: 06/24/2019)

RESPONSE in Opposition re 62 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' First Amended Class Action Complaint) MOTION to Dismiss for Lack of Jurisdiction (Plaintiffs' First Amended Class Action Complaint) filed by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley. (Attachments: # 1 Declaration)(Menasche, Ann) (sjm). (Entered: 06/24/2019)

REPLY to Response to Motion re 56 MOTION to Dismiss for Failure to State a Claim filed by Wheels Labs, Inc.. (Harris, Shelby) (sjm). (Entered: 07/01/2019)

REPLY to Response to Motion re 62 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' First Amended Class Action Complaint) MOTION to Dismiss for Lack of Jurisdiction (Plaintiffs' First Amended Class Action Complaint) Reply Brief filed by Lyft, Inc.. (Attachments: # 1 Declaration of Kyle Zuvella in Support of Defendant Lyft, Inc.'s Motion to Dismiss)(Launey, Kristina) (sjm). (Entered: 07/01/2019)

Minute Order by Judge Jeffrey T. Miller: Submitting 62 MOTION to Dismiss for Failure to State a Claim (Plaintiffs' First Amended Class Action Complaint), MOTION to Dismiss for Lack of Jurisdiction (Plaintiffs' First Amended Class Action Complaint), 57 MOTION to Dismiss Defendant City of San Diego's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint, 63 MOTION to Dismiss for Failure to State a Claim, 56 MOTION to Dismiss for Failure to State a Claim, motions pursuant to Local Rule 7.1.d. Motion Hearing set for 7/8/2019 10:00 AM before Judge Miller is vacated. Written order to follow. (no document attached) (gac) (Entered: 07/02/2019)

NOTICE of Appearance by Shelby Mae Harris on behalf of Wheels Labs, Inc. (Harris, Shelby)Attorney Shelby Mae Harris added to party Wheels Labs, Inc.(pty:dft) (sjm). (Entered: 07/03/2019)

Request to Strike Citys Purported Supplemental Authority 77 by Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley re 77 Supplemental Briefing, Request to Strike. (Conway, Benjamin) Modified on 7/9/2019 to reflect correct event. Q.C. Mailer sent to file a notice of withdrawal and refile after obtaining a hearing date and time from the clerk and to insure it is included on the caption of their filing (sjm). (Entered: 07/08/2019)

ORDER Approving the Pro Hac Vice Application of Jonathan S. Klein (Re: ECF No. 79 Request to Appear Pro Hac Vice. Signed by Judge Jeffrey T. Miller on 8/29/2019.(jrd) (Entered: 09/03/2019)

NOTICE of Appearance by Nichole Marie Mendoza on behalf of Aaron Gresson, Alex Montoya, Philip Pressel, Rex Shirley (Mendoza, Nichole)Attorney Nichole Marie Mendoza added to party Aaron Gresson(pty:pla), Attorney Nichole Marie Mendoza added to party Alex Montoya(pty:pla), Attorney Nichole Marie Mendoza added to party Philip Pressel(pty:pla), Attorney Nichole Marie Mendoza added to party Rex Shirley(pty:pla) (sjm). (Entered: 10/04/2019)