Stipulation,Agreement: The People Of The State Of New York, By Eric T. Schneiderman, Attorney General Of The State Of New York, Benjamin M. Lawsky, Superintendent Of Financial Services Of The State Of New York v. Lyft, Inc.

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                                INDEX    NO.   451476/2014
NYSCEF   DOC.   NO.     52                                                                          RECEIVED    NYSCEF:     06/17/2015




                      SUPREME COURT OF THE STATE OF NEW YORK
                      COUNTY OF NEW YORK

                      THE      PLE OF TH! STATE OF NEW YORK. ,
                      by ERIC T. SCHNEIDERMAN, Attorney General of the State
                      of New York, and BENJAMIN         M. LAWSKY,       Superintendent of
                      Financial Services,
                                                                                             Index No. 451476/2014
                                                                      Plaintiffs,
                                                                                             CONSENT AND
                                                                                              STIPULATION

                                        -against-                                            IAS Part 5
                                                                                             Justice Kathryn E. Freed

                      LYFT, INC.,
                                                                     Defendant.
                      cree ene                                      eee

                              WHEREAS Eric T. Schneiderman, Attorney General of the State of New York

                      (“Attorney General”) and Benjamin M. Lawsky, Superintendent of Financial Services of the

                      State of New York (“Superintendent of Financial Services”) believe that resolution of the

                      above entitled proceeding to be in the public interest;

                              IT IS HEREBY ACKNOWLEDGED,                   STIPULATED, CONSENTED TO, AND

                      AGREED, by and between the Attorney General, the Superintendent of Financial Services

                      (together, “Plaintiffs”), and Defendant Lyft, Inc. (“Defendant” or “Lyft”), that:

                                    1   Defendant has received a copy of this Consent and Stipulation and the annexed

                      Consent Order and Judgment (the “Consent Order”), knows the contents thereof and

                      understands the obligations and duties imposed by such Consent Order;

                                  2.    This Consent and Stipulation is entered into by Defendant as its own free

                      and voluntary act with the full knowledge and understanding of the nature of this action

                      and the obligations and duties imposed upon it by the Consent Order, and Defendant

                      consents to the entry thereof without further notice;
3   In consideration of Lyft’s agreement to the terms in the Consent Order, and in

 resolution of the claims asserted in this action by Plaintiffs, the Attorney General and the

 Superintendent of Financial Services release and forever discharge Lyft and all of its past and

 present principals, directors, officers, employees, successors or assignees, attorneys, and

 agents and any corporation, company, business entity, or other entity or device through which

 Lyft may now or hereafter act or conduct business (collectively, the “Released Parties”), for the

 causes of action that were asserted or could have been asserted against the Released Parties by

 the Attorney General or the Superintendent of Financial Services based on the facts alleged in

 the Complaint in this action, including causes of action under New York Insurance Law §§

2102, 2117, 2122, 2324 and 11 NYCRR           153 (Insurance Regulation   135), Vehicle and Traffic

Law §§ 370.1 and 501.2(v), Business Corporation Law § 1301, Buffalo City Code Ch.
                                                                                  437 and

Rochester City Municipal Code Ch. 108, or any amendments thereto, General Business Law §§

349 and 350 and Executive Law § 63(12), up to and including August 1, 2014,
                                                                            provided that

nothing herein shall i) preclude the Attorney General or Superintendent of Financial Services

from enforcing compliance with the Consent Order or ii) be construed to cover claims of any

type by any other state agency (or Commisssioner or Superintendent of a state agency
                                                                                     other
than the Department of Financial Services), even if represented by the Attorney General,
                                                                                         or
municipality.

               4. Other than the release set forth in paragraph 3 above, no promises, offers,

agreements or inducements of any nature whatsoever have been made to Defendan
                                                                              t by
Plaintiffs or their attorneys or any employee in the Office of the Attorney General
                                                                                    of the State

of New York or the New York Department of Financial Services to procure
                                                                        this Consent and

Stipulation;
55    The Defendant agrees that this Court shall retain jurisdiction over this matter

for the purpose of enforcing the terms of the Consent Order;

           6.    All notices and other communications regarding this Consent and Stipulation

and the Consent Order shall be sent to:

                If to the Plaintiffs:

                 New York State Department of Financial Services
                 One State Street
                 New York, New York 10004-1511
                 Attention: Joy Feigenbaum, Executive Deputy Superintendent

                and

                New York Attorney General
                120 Broadway
                New York, NY 10271-0332
                Attention: Jane Azia, Bureau Chief

                If to Defendant:

                Sidley Austin LLP
                Attorneys for Defendants
                787 Seventh Avenue
                New York, NY 10019
                Attention:    Martin Jackson
                              Andrew Holland
           6.   Nothing contained in the annexed Consent Order constitutes approval or

authorization by the Attorney General or the Superintendent of Financial Services of

Defendant’s practices, and Defendant shall not make any representations to the contrary.
Lyft. Inc.




                                                      fly fis
Kristin Sverchek                                    DATE
General Counsel


ERIC T. SCHNEIDERMAN
Attorney General of the State of New York

By:     A

            a)          Page                         elielis
mu     M. AZIA
     au Chief
                          J
Bureau of Consumer Frauds and Protection
                                                    DATE




BENJAMIN M. LAWSKY
Superintendent of Financial Services

By:


JOY (FEIGEN
                                                      elols
                   UM                               DATE
Executive Depiity Superintendent
Financial Frauds and Consumer Protection Division