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15-7387 - Ortega et al v. Uber Technologies, Inc. et al


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15-7387 - Ortega et al v. Uber Technologies, Inc. et al
March 8, 2017
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MEMORANDUM & ORDER: Defendants' motions to compel Plaintiff Victor Mallh (Dkt. 28 in 15-CV-6143) and Plaintiff Joce Martinez (Dkt. 19 in 15-CV-7387) to arbitrate their claims on an individual basis are GRANTED. See supra Section II.A. Defendants' motion to dismiss Plaintiff Manzour Mumin's claims (Dkt. 26 in 15-CV-6143) is GRANTED in part and DENIED in part. See supra Sections III.B.1-5. Specifically, Plaintiff Mumin's claims for violation of New York Labor Law § 195, tortious interference with business relations, breach of contract, conversion, promissory estoppel, unjust enrichment, and fraud and intentional misrepresentation are DISMISSED. Uber's motion to dismiss is DENIED as to Plaintiff Mumin's claims for violations of New York Labor Law §§ 196-d and 652. Defendants' motion to dismiss Plaintiff Jose Ortega's claims (Dkt. 22 in-15-CV-7387) is GRANTED in part and DENIED in part. See supra Sections IIIB.1-4,6. Specifically, Plaintiff Ortega's claims for violations of New York Labor Law §§ 191 and 652, violations of N.Y. Comp. Codes R. & Regs. tit. 12, §§ 142-2.1 and 142-2.4, tortious interference with business relations, breach of contract, and conversion are DISMISSED. Plaintiff Ortega's claim for violations of New York Labor Law § 193 is DISMISSED to the extent that it is premised on his incurred expenses. Uber's motion to dismiss is DENIED as to Plaintiff Ortega's claims for violations of New York Labor Law §§ 195 and 196-d, N.Y. Comp. Codes R. & Regs. tit. 12, § 142-2.2, and false advertising. So Ordered by Judge Nicholas G. Garaufis on 3/7/2017. (Lee, Tiffeny)
May 2, 2017
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MEMORANDUM & ORDER, Plaintiffs' 44 Motion for Reconsideration of 42 Memorandum & Order is DENIED. So Ordered by Judge Nicholas G. Garaufis on 5/1/2017. (Lee, Tiffeny)