arrow left
arrow right
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview
  • IN RE LYFT RIDESHARE CASES COORDINATION document preview 
						
                                
Preview

                                Rrupored. ha Ms

San Francisco County Superior Cou

APR ~5 2021

 

2
3 CLERK\UF THE COURT
ve

4 Dennty Clerk
5

6

7

8

9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
Il COUNTY OF SAN FRANCISCO
12
13 || Coordination Proceeding Case No.CJC-20-005061

Special Title (Rule 3.550)
14 JUDICIAL COUNCIL COORDINATION
PROCEEDING NO. 5061
15 || In Re: LYFT RIDESHARE CASES ATC
[PROPOSED] ORDER REGARDING
16 FACT SHEET IMPLEMENTATION
W This Document Relates to:
ALL ACTIONS

Department: 613
Judge: Hon. Andrew Y.S. Cheng

 

27 2
[PROPOSED] ORDER RE FACT SHEET IMPLEMENTATIONThe Court, having read and considered the Joint Stipulation Regarding Bellwether Fact

Sheet Discovery finds that good cause exists to enter the below order that sets forth the procedures

regarding the Plaintiff Fact Sheet (“PFS”) and Defendant Fact Sheet (“DFS”) process for this JCCP
Case No. 5061.

IT IS HEREBY ORDERED as follows:

GENERAL PROVISIONS

I.

a.

The completed PFS and DFS shall be considered interrogatory responses pursuant
to California Code of Civil Procedure § 2030.210 and as responses to requests for
production under California Code of Civil Procedure § 2031.280 and will be
governed by the standards applicable to written discovery under the California
Discovery Act unless the provisions of this order, or any other order or practice of
the Court, provide otherwise. Each PFS and DFS must be completed and shall be
answered without objection. Any objections are preserved.

Each PFS and DFS shall be signed and dated by the responding party (or a
representative of the responding party) under penalty of perjury. Responses are not
required to be notarized.

To the extent the PFS or DFS requires the responding party to provide confidential
documents or information, such disclosure shall be governed by the Stipulated
Protective Order entered in JCCP 5061.

Neither the PFS or DFS will be interpreted to limit the scope of inquiry at
depositions or in written discovery nor will it affect whether evidence is admissible
at trial. Objections to admissibility are not waived by virtue of completion of either
a PFS ora DFS.

Consistent with the Parties’ stipulation and the Court’s February 18, 2021 order,
each Party will select 15 Plaintiffs for fact sheet discovery, and the Parties each will
ensure that a fact sheet for all 30 Plaintiffs is completed.

3
[PROPOSED] ORDER RE FACT SHEET IMPLEMENTATIONWN

o em NO

10
i
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

 

 

f. The Parties will exchange each of their selections of 15 Plaintiffs for fact sheet
discovery on or before 12:00pm PT on April 2, 2021.
g. Complete fact sheets for the 30 Plaintiffs that are part of the fact sheet discovery

pool shall be served no later than May 10, 2021.

PLAINTIFF FACT SHEETS

a. The Court hereby approves, with the consent of the parties, the PFS attached
hereto as Exhibit A.
b. Service of PFS will be made either via email or via ftp site to the following

individuals and email address:

Beth A Stewart (bstewart@we.com)

Seema Roper (smroper@ywe.com)

David Randall J. Riskin (driskin@we.com)
Warren Metlitzky (wmetlitzky@conmetkane.com)

c. Ifa Plaintiff or any representative of a Plaintiff who completed the PFS learns at
any time prior to the selection of Bellwether Case Specific Discovery Cases that
any response is incomplete or incorrect, that Plaintiff or representative must
supplement the pertinent response to provide the corrected or additional

information within 30 days of when he or she becomes aware of this information.

DEFENDANT FACT SHEETS

a. The Court hereby approves, with the consent of the parties, the DFS attached
hereto as Exhibit B.

b. Service of DFS shall be made to Counsel for the Plaintiff of whom the DFS
pertains and on Plaintiffs’ Lead Counsel via electronic mail at the following

addresses:

Kristen Barton (Kristen@estey-bomberger.com)
Walt Cubberly (Weubberly@whlaw.com)

4
[PROPOSED] ORDER RE FACT SHEET IMPLEMENTATIONCom IN DH BR WN

Nv NY N NN KN BS SB Be Be Be ew we ew ew
B® SRkRRBBEBSGeBWREEBERAS

 

 

c.

In connection with Section II(c) above, if a Plaintiff supplements the PFS with
information that materially changes the original DFS response in such a manner as
to require a supplemental response, the Defendant will provide an updated DFS

within 30 days (unless otherwise agreed) of service of that Plaintiff's updated PFS.

IT IS SO ORDERED

Dated: 4/s [et ae oS.

Hon. Andrew Y.S. Cheng
Judge, Superior Court

5
[PROPOSED] ORDER RE FACT SHEET IMPLEMENTATIONExhibit ASUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

 

IN RE: LYFT RIDESHARE CASES JCCP No: 5061

This Document Relates To: Case No.

I ]

 

 

 

 

 

PLAINTIFF FACT SHEET

 

Pursuant to the Order Regarding Fact Sheet Implementation entered in the above-captioned
litigation, a completed Plaintiff Fact Sheet (“PFS”) shall be provided for each individual asserting
legal claims in the above captioned lawsuit. Each question must be answered in full. If you do not
know or cannot recall the information needed to answer a question, please explain that in the

response to the question. Please do not leave any questions unanswered or blank.
GENERAL INSTRUCTIONS

 

Please provide the following information for each individual on whose behalf a claim is being
made. Whether you are completing this Plaintiff Fact Sheet for yourself or for someone else,
please assume that "You" means the person who experienced the alleged assault or other incident
by a Lyft driver on which the lawsuit is based. You may and should consult with your attorney if
you have any questions regarding the completion of this form.

DEFINITIONS
The following definitions shall apply to this PFS:

“Document” means any writing or record of any type, however produced an whatever the medium
on which it was produced, and includes, without limitation, the original and non-identical copy
(whether different from the original because of handwritten notes or underlining on the copy or
otherwise) and all drafts of papers, letters, notes, notations, memoranda of conversations or
meetings, calendars, diaries or journals, minutes of meetings, interoffice communications,
electronic mail and other forms of electronic communication (including but not limited to postings
on websites, blogs and/or social media), message slips, notebooks, agreements, reports, articles,
books, tables, charts, schedules, memoranda, medical records, X-rays, explants, devices,
advertisements, pictures, photographs, films, accounting books or records, billings, credit card
records, electrical or magnetic recordings or tapes, or any other writings, recordings or pictures of
any kind or description.“Documents” exclude any communications You have had with your counsel for the purposes of
the fact sheet.

For those Completing the PFS in Representative Capacity

If the individual completing this Plaintiff Fact Sheet is doing so in a representative capacity on
behalf of someone who otherwise is physically or mentally unable to complete the PFS, the
individual doing so must answer as completely as possible for that person.

Additional Space for Completeness

In filling out any section or sub-section of this form, additional sheets of paper should be used and
submitted as necessary to provide complete and accurate information.

Accuracy and Supplementation

The individual completing this Plaintiff Fact Sheet is under oath and must provide information that
is true and correct to the best of his or her knowledge, information and belief. If the response to
any question is that the person completing this Plaintiff Fact Sheet does not know or does not recall
the information requested, that response should be entered in the appropriate location(s). In
addition, if the person completing this Plaintiff Fact Sheet learns that any response is incomplete
or incorrect at any time, or if the provided information changes, the person is obligated to
supplement the pertinent response(s) to provide the corrected or additional information within 30
days of when he or she becomes aware of this information.

IL REPRESENTATIVE CAPACITY

 

1. Ifyou are completing this Fact Sheet on behalf of someone else (¢.g., a deceased
person, an incapacitated person, or a minor), please complete the following:

a. Name of person completing this form:

 

b. Home address:

 

c. What is your relationship to the person upon whose behalf you have completed

this Fact Sheet? (e.g., parent, guardian, Estate Administrator)

 

d. If you were appointed as a representative by a court, state the Court which

appointed you and when:

 

[If you are completing this questionnaire in a representative capacity, please respond to the
remaining questions on BEHALF of the person who is asserting legal claims in the above
captioned lawsuit.]I.

il.

Iv.

CASE INFORMATION

1. Please state the following for the civil action that you filed:
a. Case Caption:
b. Pseudonym used in Complaint:
c. Name of principal attorney representing you:

Name:

 

Law Firm:

PERSONAL INFORMATION

 

1. Name (Last, First, Middle):

2. Maiden Name (if applicable) or other names used and dates you used those names:

 

 

Current Address:

 

Address at Time of Alleged Incident:
Social Security Number:
Date and Place of Birth:

 

Awa w

 

INFORMATION AS TO THE LYFT INCIDENT AT ISSUE

 

 

 

1. Date of Lyft Ride:

2. City and State in which Lyft Ride occurred:

3. Was the Lyft Ride a shared ride? Yes = = No

4. Were you the only passenger in the Lyft vehicle? Yes = = No

 

a. If no, provide name, address, and telephone number of other passenger(s), if

known:

 

 

 

5. Were you in the front seat or back seat of the Lyft vehicle?
Front: Back:

6. Did the Lyft driver take you to your requested destination?7. Did the Lyft driver end the Lyft ride early? Yes No
8. Did the Lyft driver take you to a location other than your requested destination?
Yes No

 

 

9. Ifyes, where did the Lyft driver take you, if known?

 

10. Please describe, in your own words the assault or other incident you allege (attach

additional sheets as needed):

 

 

 

11. Did you or someone on your behalf notify Lyft of the assault or incident?
Yes No

 

a. If yes, when?

 

b. Ifyes, how did you or someone on your behalf notify Lyft?
Phone Call: Email: In App Notification:
12. Did you or someone on your behalf notify the police of the assault or incident?
a. Ifyes, please provide any communications you have had with the police.

b. Ifyes, what is the name of the police agency you notified?

 

c. Ifyes, when did you or someone on your behalf notify the police?

 

d. Ifyes, what is the report number?

 

e. Ifyes, please provide a copy of the report.

f. Ifyes, what is the status of the criminal investigation?

 

13. Did you undergo a post assault medical exam (Sexual Assault Response Team
“SART” exam)?
a. Ifyes, what is the name of the hospital or facility where the exam took place?

b. Ifyes, when was the SART exam performed?Vv. INJURIES AND DAMAGES

 

1. Describe in your own words, the injuries you sustained as a result of the alleged

assault or incident (attach additional sheets as needed):

 

 

 

 

 

 

 

 

 

 

 

 

2. State each physical, emotional, psychological, or other injury you have allegedly
suffered:3. Name and address of the healthcare provider(s) responsible for treating each

injury listed above in (1) and (2):

ae

   

4. Lost Earnings - Do you claim or expect to claim you lost earnings or suffered

impairment of earning capacity as a result of any physical, mental, or emotional
injury you allege? Yes No

If yes, please describe:

 

 

 

If yes, please provide documentation of the lost earnings or impairment of earning
capacity you have suffered as a result of any physical, mental, or emotional injury

you allege.

5. Medical Expenses — Please list any out of pocket costs you have incurred relating

to the diagnosis and/or treatment of any physical, mental, and/or emotional injury

or injuries you allege:PERSONAL INFORMATION

1.

2.

Have you ever filed a lawsuit or been a defendant? Yes No

If yes, please state the year the lawsuit was filed, where it was filed, the

claim/docket number (if known), and the nature of the injury claimed:

 

Have you ever filed for disability? Yes No

If yes, please state when and where you filed, and the nature of the disability

claimed:

 

For each of your employers for the last five years, please provide:Exhibit BSUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

 

IN RE: LYFT RIDESHARE CASES JCCP No: 5061

This Document Relates To:

I ]

Case No.

 

 

he rrr wv

 

 

 

DEFENDANT FACT SHEET

Pursuant to the Order Regarding Fact Sheet Implementation entered in the above-captioned
litigation, a completed Defendant Fact Sheet (“DFS”) shall be provided for each individual who
provides a substantially complete Plaintiff Fact Sheet (“PFS”). Lyft, Inc. must provide information
that is true and correct to the best of Your knowledge. You must supplement Your responses if
You learn they are incomplete or incorrect in any material respect. In the event the DFS does not
provide You with enough space for You to complete Your responses or answers please attach
additional sheets. Please identify any documents that You are producing as responsive to a question
or request by bates-stamp identifiers. Please do not leave any questions unanswered or blank.

GENERAL INSTRUCTIONS

This DFS must be completed and served on all counsel identified as representing Section II of the
Plaintiff's Fact Sheet.

DEFINITIONS
The following definitions shall apply to this DFS:

“You,” “Your” or “Yours” means the responding defendant.
“Plaintiff” means to the injured party.

“Subject Trip” means the Lyft Ride during which or the result of which Plaintiff is asserting legal
claims in the above captioned lawsuit.

“Document” means any writing or record of any type, however produced an-whatever the medium
on which it was produced, and includes, without limitation, the original and non-identical copy
(whether different from the original because of handwritten notes or underlining on the copy or
otherwise) and all drafts of papers, letters, notes, notations, memoranda of conversations or
meetings, calendars, diaries or journals, minutes of meetings, interoffice communications,

1electronic mail and other forms of electronic communication (including but not limited to postings
on websites, blogs and/or social media), message slips, notebooks, agreements, reports, articles,
books, tables, charts, schedules, memoranda, medical records, X-rays, explants, devices,
advertisements, pictures, photographs, films, accounting books or records, billings, credit card
records, electrical or magnetic recordings or tapes, or any other writings, recordings or pictures of
any kind or description.

“Documents” exclude any communications You have had with your counsel for the purposes of
the fact sheet.

IL CASE INFORMATION

Case Caption:

 

os Pp

Case Number:
Date Filed:
d. Plaintiff:

 

°

 

 

e. Name, Title and Contact Information of Each Person Providing Responses to this
Fact Sheet:

 

I. LYFT TRIP INFORMATION

1. Date and Time of the Start of the Subject Trip according to the ride receipt:

 

2. Pickup Location of the Subject Trip according to the ride receipt:

 

 

3. Dropoff Location of the Subject Trip according to the ride receipt:

 

 

4. Date and Time when the Subject Trip ended according to the ride receipt:

 

5. Please provide the raw GPS data relating to the Subject Trip.
6. Was the ride a Shared Ride (i.e., a ride in which multiple riders requested a Lyft
ride):
Yes NoTil.

7.

If Shared Ride, were any other passengers picked up?

Yes No

If Your answer to the above question is “Yes” please provide any statements
made by said passenger regarding the Subject Trip.

DRIVER INFORMATION

1.

Full name of the driver of the Subject Trip:

Was the person driving during the Subject Trip the person identified by Lyft on
the Trip Receipt?

Yes No

If the answer to the above question is “No,” please provide the name of the driver:

 

Is the driver of the Subject Trip still driving for Lyft?

Yes No

. Ifthe answer to the above question is “No,” please state the date the driver was

permanently deactivated from the Lyft platform as a driver?

 

License Plate Number of the vehicle used during the Subject Trip:

 

Driver’s License Number of the Driver of the Subject Trip:

 

Address of the Driver of the Subject Trip as indicated on Driver’s license at time

Driver was approved to drive:

 

Please provide the last known address of the Driver of the Subject Trip as
reflected in Lyft’s system?Iv.

10. Do you know whether the above address is current?

Yes No

11. Was a background check performed on the above driver either by You or by a
third party at Your direction/instruction/request?

Yes No

If Your answer to the above question is “Yes,” please provide a copy of the
results of the background check performed on this driver.

REPORT

1. Did Plaintiff or someone on Plaintiff's behalf report the alleged assault or incident

to You?

Yes No

If Your answer to the above question is “Yes,” on what date was the report made:

 

Please provide a copy of the report made by Plaintiff or on Plaintiffs behalf.

2. Was any request for information or assistance made by any law enforcement

agency regarding the Subject Trip?

Yes No

If Your Answer to the above question is “Yes,” please provide any documents
relating to requests made by law enforcement agencies regarding the Subject Trip.

3. Was valid legal process submitted by any law enforcement agency regarding the
Subject Trip?
Yes No
If Your answer to the above question is “Yes,” please provide any documents

relating to valid legal process submissions made by law enforcement agencies
regarding the Subject Trip.PLAINTIFF INFORMATION

1.

Has Lyft identified an account for the Plaintiff?

Yes No

Date of First Ride Pairing:

. Date of Last Ride Pairing:

Total Number of Lyft Rides:

Is Plaintiff a Driver on the Lyft Platform?

Yes No
If yes, please provide the following information:

Date of First Ride as a Driver:
Date of Last Ride as a Driver:

Total Number of Rides as a Driver:

Was a background check performed on the above Plaintiff either by You or by a
third party at Your direction/instruction/request?

Yes No

If Your answer to the above question is “Yes,” did the results of the background

check clear the Plaintiff to drive?

Yes NoVI. VERIFICATION

I declare that all of the information provided in this Defendant Fact Sheet is true and correct to
the best of Lyft, Inc’s knowledge, information and belief, that Lyft, Inc. has conducted a reasonable
and diligent search for the documents in its possession, custody, or control, and has supplied the
documents requested in this Defendant Fact Sheet. Further, Lyft, Inc. acknowledges that it has an
obligation to supplement the above responses if it learns that they are incomplete or incorrect.

 

Signature Print Name DateVII. VERIFICATION

 

I declare under penalty of perjury that all of the information provided in the Plaintiff Fact Sheet
is true and correct to the best of my knowledge, information and belief, that I have conducted a
reasonable and diligent search for the documents in my possession, custody, or control, and have
supplied the documents requested in this Plaintiff Fact Sheet. Further, I acknowledge that I have
an obligation to supplement the above responses if J learn that they are incomplete or incorrect.

 

Signature Print Name Date