Citations
- 185 F. Supp. 3d 448
Full opinion text
OPINION AND ORDER
JED S. RAKOFF, United States District Judge.
On January 29, 2016, plaintiff Spencer Meyer, on behalf of himself and those similarly situated, filed his First Amended Complaint in this putative class action lawsuit against defendant Travis Kalanick, CEO and co-founder of Uber Technologies Inc. (“Uber”). See First Amended Complaint, Dkt. 26. Plaintiff Meyer alleged that defendant Kalanick, as CEO of Uber and an occasional Uber driver, had conspired with Uber drivers to fix prices through the Uber mobile application (the “Uber app”) in violation of federal and state antitrust laws. See id. ¶¶ 1, 3, 120-40. On March 31, 2016, this Court issued an Opinion and Order denying defendant Kalanick’s motion to dismiss the First Amended Complaint. See Opinion and Order dated March 31, 2016, Dkt. 37. Among much else, the Court found that, contrary to defendant’s contentions, plaintiff Meyer had not, in signing a User Agreement with Uber, waived the right to proceed via class action, nor was plaintiff equitably estopped from pursuing a class action suit against Mr. Kalanick. See id. at 23 n. 8.
On April 14, 2016, defendant Kalanick filed a motion for partial reconsideration of the Court’s Opinion and Order denying his motion to dismiss. See Notice of Motion, Dkt. 40. In this motion, defendant Kalan-ick challenges what he describes as a “narrow and discrete issue,” viz,, the Court’s finding that plaintiff Meyer had not waived the right to proceed via class action. See Memorandum of Law in Support of Defendant Travis Kalanick’s Motion for Reconsideration of the Court’s Holding Regarding Plaintiffs Class Action Waiver (“Def. Br.”), Dkt. 41, at 1. Plaintiff filed his opposition to the motion for partial reconsideration on April 21, 2016. See Memorandum of Law in Opposition to Defendant Travis Kalanick’s Motion for Partial Reconsideration of the Court’s March 31, 2016 Opinion and Order (“PI. Opp. Br.”), Dkt. 43. Having reviewed the parties’ papers, the Court, for the reasons stated below, hereby denies defendant’s motion for partial reconsideration and holds that plaintiff may continue to seek to pursue a class action.
By way of background, plaintiff Meyer, in signing-up to use Uber, agreed to Uber’s Terms and Conditions for-users (the “User Agreement”), which included the following provision:
Dispute Resolution
You and Company agree that any dispute, claim or controversy arising out of or relating t