Uber Lawsuit Documents: Case12 western-washington-taxicab-operators-v-uber-regulatory
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Uber Lawsuit Documents: Case12 western-washington-taxicab-operators-v-uber-regulatory

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    Uber Lawsuit Documents: Case12 western-washington-taxicab-operators-v-uber-regulatory Uber Lawsuit Documents: Case12 western-washington-taxicab-operators-v-uber-regulatory Document Transcript

    • 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 WESTERN WASHINGTON TAXICAB ) OPERATORS ASSOCIATION, on behalf of ) No. 10 certain of its members, ) ) 11 Plaintiff, ) NOTICE OF REMOVAL ) 12 V. ) ) 13 UBER TECHNOLOGIES, INC., ) ) 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 NOTICE OF REMOVAL DWT 23992646v 10096932-000011 Davis Wright Tremaine LLP LAW OFFICES Suite 2200 1201 Third Avenue Seattle, WA 98101-3045 206.622.3150 main 206.757.7700 fax Case 2:14-cv-00605-JLR Document 1 Filed 04/23/14 Page 1 of 7
    • Pursuant to 28 U.S.C. §sS 1332, 1441, and 1446, Uber Technologies, Inc., removes this case, originally filed in the Superior Court of the State of Washington, cause number 14-2- 08259-2 SEA, to the United States District Court for the Western District of Washington. In support of this request, Uber states as follows:’ I. STATEMENT OF FACTS 1. Plaintiff the Western Washington Taxicab Operators Association filed this action in King County on March 24, 2014, on behalf of "certain of its members." Uber received the Summons and Complaint on March 25, 2014.. 2. The Complaint asserts a claim under the Washington Consumer Protection Act, RCW 19.86 et seq., and seeks injunctive relief, monetary damages, and exemplary damages. Uber is entitled to remove this action under 28 U.S.C. § 1332 because complete diversity of citizenship exists and the amount in controversy exceeds $75,000. See 28 U.S.C. § 1446(a) (requiring a "short and plain statement of the grounds for removal"); Janis v. Health Net, Inc., 472 Fed. Appx. 533, 534 (9th Cir. 2012) (same). II. DIVERSITY JURISDICTION EXISTS A. The Complaint Places More than $75,000 in Controversy. 3. The Association seeks damages "in an amount equal to the lost fares and tips," and "exemplary damages in an amount equal to three times the lost fares and tips caused by defendant Uber" during the four-year CPA limitations period. Compl. IT A-B. The Association alleges: "Not only does Uber divert customers away from the lawful, regulated services provided by the Operators Association’s members, it seeks to divert the most lucrative and most able to tip customers, further depriving regulated drivers of means to make a living." Id. ¶ 5.9. The Association contends its members have "experience[d] economic harm due to the incursion of unregulated drivers dispatched by Uber into the taxicab and for-hire vehicle Uber expressly preserves all Rule 12(h) objections. See Wright & Arthur R. Miller, Federal Practice & Procedure § 1395 (3d ed. 2004) ("When a defendant removes an action from a state court in which he has been sued, he consents to nothing and ’waives’ nothing; he is exercising a privilege unconditionally conferred by statute, and, since the district court to which he must remove it is fixed by law, he has no choice, without which there can be no ’waiver.") (quoting Greenberg v. Giannini, 140 F.2d 550, 553 (2d Cir. 1944)). Davis Wright Tremaine LLP NOTICE OF REMOVAL 2 LA Suite 2200 OFFICES DWT 23992646v 1 0096932-000011 1201 Third Avenue Seattle, WA 98101-3045 206.622.3150 main 206.757.7700 fax I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Case 2:14-cv-00605-JLR Document 1 Filed 04/23/14 Page 2 of 7
    • 1 II market." Id. 4. The Association also asks the Court to "enter an injunction permanently prohibiting defendant Uber from the practice alleged herein, and/or declare such practice to be unlawful." Id. ¶ D. It contends it brings this action on behalf of "taxicab drivers in the City of Seattle and King County whose livelihood is threatened by Defendant Uber." Id. ¶ 1. According to the Association, "[t]he growth of Uber-dispatched drivers in Seattle is expected to continue and accelerate." Id. ¶ 5.8. The Association claims a study the Seattle City Council commissioned in 2013 found "[ijt is highly likely that this growth will occur at the expense of the traditional taxi market, placing a downward pressure on the number of trips per day made by Taxis." Id. 5. "In actions seeking declaratory or injunctive relief, it is well established that the amount in controversy is measured by the value of the object of the litigation." Cohn v. Petsmart, Inc., 281 F.3d 837, 839 (9th Cir. 2007). The "test for determining the amount in controversy is the pecuniary result to either party which the judgment would directly produce." In re Ford Motor Co./Citibank (S.D.), NA., 264 F.3d 952, 958 (9th Cir. 2001). 6. Here, Complaint reflects that the value of the fares and tips the Association claims its members have lost in the last four years due to Uber, trebled under the CPA up to $25,000, see RCW 19.86.090, combined with the value of an injunction and/or declaration prohibiting Uber from conducting business outside the local taxi and state limousine regulations, exceeds $75,000. The Complaint therefore satisfies the amount-in-controversy requirement under 28 U.S.C. § 1332. B. Complete Diversity Exists. 7. This case also satisfies the complete diversity requirement. Under 28 U.S.C. § 1332, a corporation "shall be deemed to be a citizen of every State . . . by which it has been incorporated and of the State.. . where it has its principal place of business." Uber Technologies, Inc., is incorporated in Delaware, with its principal place of business in San Francisco, California. Uber is therefore a citizen of Delaware and California. Davis Wright Tremaine LLP NOTICE OF REMOVAL 3 LA Suite 2200 OFFICES DWT 23992646v 1 0096932-000011 1201 Third Avenue Seattle, WA 98101-3045 206.622.3150 main 206.757.7700 fax 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21’ 22 23 24 25 26 27 Case 2:14-cv-00605-JLR Document 1 Filed 04/23/14 Page 3 of 7
    • 8. The Association is an unincorporated association located within Seattle and King County, Washington. Compi. 13. 1. For diversity purposes, an unincorporated association "has the citizenship of all of its members." Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (citation omitted). The Association alleges its members "operate taxicabs in the City of Seattle and King County." Compi. ¶ 5.2. All licensed for-hire drivers must hold Washington State drivers’ licenses. See King County Code § 6.64.530; Seattle Municipal Code § 6.310.400(A)(3) & .455(C).2 Only Washington residents qualify for Washington State drivers’ licenses. See RCW 46.20.091 (license application requires Washington residence address); RCW 46.20.021 (new resident must surrender licenses valid in other jurisdictions and "[for purposes of obtaining a valid driver’s license, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis"); see also "Steps to getting your first driver license: Proof of identity," Wash. State Dep’t of Licensing, available athttp://www.dol.wa.gov/driverslicense/idproof.html (last visited Apr. 17, 2014) ("When you apply for a Washington State driver license, instruction permit, or ID card, you must: (1) Be a Washington State resident."). The Association’s members are therefore residents of Washington State. 9. Because the Association and Uber are not citizens of the same state, the parties are completely diverse and removal is proper. III. REMOVAL IS TIMELY 10. Uber received the Summons and Complaint on March 25, 2014. This notice of removal is timely because Uber is filing the notice within 30 days after service, as required by 28 U.S.C. § 1446(b). IV. INTRADISTRICT ASSIGNMENT 11. This action is properly removed to the Seattle Division of the Western District of Washington. Under LCR 3(d), cases where the claims arose in King County are properly removed to Seattle. The Association states that it represents taxicab operators "carrying out 2 Limousine drivers must also carry valid Washington state drivers licenses. See RCW 46.72A.090(1). Davis Wright Tremaine LLP NOTICE OF REMOVAL 4 LA Suite 2200 OFFICES DWT 23992646v 1 0096932-000011 1201 Third Avenue Seattle, WA 98101-3045 206.622.3150 main 206.757.7700 fax 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Case 2:14-cv-00605-JLR Document 1 Filed 04/23/14 Page 4 of 7
    • 1 those activities within the City of Seattle and within King County," and the Association elected 2 to file this action in King County. Compl. ¶ 4.1. As previously explained, the Association’s 3 members are residents of Washington. For these reasons, Uber has properly removed this case 4 to the Seattle Division. See LCR 10 1(e). 5 V. UBER HAS SATISFIED THE REMAINING PROCEDURAL REQUIREMENTS 6 12. The United States District Court for the Western District of Washington is the 7 federal judicial district embracing the superior courts of King County, where the Association 8 filed this action. 28 U.S.C. § 128(b). 9 13. A copy of the Summons and Complaint and other materials served on Uber are 10 attached as Exhibit A. Uber will separately file a Verification of State Court Records and 11 Proceedings pursuant to LCR 101(b). 12 14. Promptly after filing this Notice of Removal, Uber will give written notice to the 13 Association’s counsel and will file a copy of this Notice with the Clerk of the King County 14 Superior Court pursuant to 28 U.S.C. § 1446(d). 15 16 17 18 19 20 21 22 23 24 25 26 27 NOTICE OF REMOVAL DWT 23992646v1 0096932-000011 Davis Wright Tremaine LLP 5 LAW OFFICES Suite 2200 1201 Third Avenue Seattle, WA 98101-3045 206622 3150 main 206.757.7700 fax Case 2:14-cv-00605-JLR Document 1 Filed 04/23/14 Page 5 of 7
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Uber Technologies, Inc., hereby removes this action from the Superior Court of the State of Washington for King County. DATED this 23rd day of April, 2014. By s/ Rebecca Francis Rebecca Francis, WSBA #41131 By s/ Cohn Prince Cohn Prince, WSBA #43166 1201 Third Avenue, Suite 2200 Seattle, Washington 98101-3045 Telephone: (206) 622-3150 Fax: (206) 757-7700 E-mail: robmaguiredwt.com E-mail: steverummagedwt.com E-mail: rebeccafrancis@dwt.com E-mail: colinprince@dwt.com DAVIS WRIGHT TREMAINE LLP Attorneys for Def Uber Technologies, Inc. By s/ Robert Maguire Robert Maguire, WSBA #29909 By s/ Stephen M Rummage Stephen M. Rummage, WSBA #11168 NOTICE OF REMOVAL DWT 23992646v 1 0096932-000011 Davis Wright Tremaine LLP 6 LAW OFFICES Suite 2200 1201 Third Avenue Seattle, WA 98101-3045 206.622.3150 main 206.757.7700 fax Case 2:14-cv-00605-JLR Document 1 Filed 04/23/14 Page 6 of 7
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CERTIFICATE OF SERVICE I hereby certify that on April 23, 2014, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to those attorneys of record registered on the CMIECF system. In addition, counsel of record have been served by legal messenger as follows: Spencer Nathan Thal General Counsel Western Washington Taxi Cab Operators Association 14675 Interurban Avenue South, Suite 307 Tukwila, WA 98168 Ph. (206)441-4860 Fax (206) 441-3153 E-mail: spencer.tha1teamsters117.org Dimitri Iglitzin Carson Glickman-Flora Schwerin Campbell Barnard Iglitzin & Lavitt LLP 18 West Mercer Street, Suite 400 Seattle, WA 981 19-3971 Ph. (206) 257-6006 Fax: (206) 257-6041 E-mail: iglitzinworkerlaw.com E-mail: flora@workerlaw.com DATED this 23rd day of April, 2014. Davis Wright Tremaine LLP Attorneys for Def Uber Technologies, Inc. By s/ Rebecca Francis Rebecca Francis, WSBA #41131 1201 Third Avenue, Suite 2200 Seattle, Washington 98101-3045 Telephone: (206) 622-3150 Fax: (206) 757-7700 E-mail: rebeccafrancis@dwt.com NOTICE OF REMOVAL DWT 23992646v1 0096932-000011 Davis Wright Tremaine LLP 7 LAW OFFICES Suite 2200 1201 Third Avenue Seattle, WA 98101-3045 206622.3150 main 206.757.7700 fax Case 2:14-cv-00605-JLR Document 1 Filed 04/23/14 Page 7 of 7