On July 11, 2014 a
Stipulation,Agreement
was filed
involving a dispute between
Benjamin M. Lawsky, Superintendent Of Financial Services Of The State Of New York,
The People Of The State Of New York, By Eric T. Schneiderman, Attorney General Of The State Of New York,
and
Lyft, Inc.,
for Other Special Proceeding
in the District Court of New York County.
Preview
INDEX NO. 451476/2014
NYSCERO0C. NQ- 55 RECEIVED NYScEF: 06/17/2015
RECEIVED NYSCEF: 0€/17/2015
WORKING COPY
SUPREME COURT OF THE STATE OF NEW YORK
COU TY OFN ¥ YORK
eeecteceeeseeee
THe PEOPLE OF TH STATE OF NEW YORK,
by ERIC T. CHIN MAN, Attorney General of the State
ew Yor! nd BENJAMIN M. LAWSKY, Superintendent of
Financial Serv eS.
Index No. 4514762014
Plaintiffs,
co AND
PUL.
sagainst- IAS Pan §
Justice Kathryn E. Freed
LYFTING..
Defendant
a eteee ene en cen ner ene ee ee ann ee eee eee cere tee
WHEREAS Erie T. Schneiderman, Attorney General of the State of New York
(Attorney General”) and Benjamin M. Lawsky, Superintendent of Financial Sei es 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 1S HEREBY ACKNOWLEDGED, STIPULATED, CONS ED TO. AND
AGREED, by and between the Attorney General. the Superintendent of Financial Services
Qogether, “Plaintifis”), and Defendant Lyft, Ine. Defendant” or “Ly ft"), 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:
5
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;
o
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 nancial 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 hereafier 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. 2417. 2122, 2324 and 11 NYCRR 153 ({nsurance Regulation 135), Vehicle and Traffic
Law §§ 370.1 and $01.2(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 Defendant by
Plaintiffs or their attorneys or any employec 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:
e
5. 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 segarding this Consent and Stipulation
and the Consem Order shall be sent to:
Ifto 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 Attomey 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.
3
2 ?
Lyft. Inc.
” Kuda Saetloe of iy fis
Kristin Sverchek ATE
General Counsel
ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
By: fi
Ag—
EM. AZIA
mM tigen be lis
DATE
ob au Chief
Bureau of Consumer Frauds and Protection
BENJAMIN M. LAWSKY
Superintendent of Financial Services.
By:
4
JOY (FEIGENBAUM
eliehe
DATE
Executive Deputy Superintendent
Financial Frauds and Consumer Protection Division
pasted,
JON 47 20152 THRYN E. FREE
Sie ae
JSC. woe
~
Document Filed Date
June 17, 2015
Case Filing Date
July 11, 2014
Category
Other Special Proceeding
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INDEX NO. 451476/2014 NYSCERO0C. NQ- 55 RECEIVED NYScEF: 06/17/2015 RECEIVED NYSCEF: 0€/17/2015 WORKING COPY SUPREME COURT OF THE STATE OF NEW YORK COU TY OFN ¥ YORK eeecteceeeseeee THe PEOPLE OF TH STATE OF NEW YORK, by ERIC T. CHIN MAN, Attorney General of the State ew Yor! nd BENJAMIN M. LAWSKY, Superintendent of Financial Serv eS. Index No. 4514762014 Plaintiffs, co AND PUL. sagainst- IAS Pan § Justice Kathryn E. Freed LYFTING.. Defendant a eteee ene en cen ner ene ee ee ann ee eee eee cere tee WHEREAS Erie T. Schneiderman, Attorney General of the State of New York (Attorney General”) and Benjamin M. Lawsky, Superintendent of Financial Sei es 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 1S HEREBY ACKNOWLEDGED, STIPULATED, CONS ED TO. AND AGREED, by and between the Attorney General. the Superintendent of Financial Services Qogether, “Plaintifis”), and Defendant Lyft, Ine. Defendant” or “Ly ft"), 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: 5 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; o 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 nancial 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 hereafier 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. 2417. 2122, 2324 and 11 NYCRR 153 ({nsurance Regulation 135), Vehicle and Traffic Law §§ 370.1 and $01.2(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 Defendant by Plaintiffs or their attorneys or any employec 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: e 5. 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 segarding this Consent and Stipulation and the Consem Order shall be sent to: Ifto 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 Attomey 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. 3 2 ? Lyft. Inc. ” Kuda Saetloe of iy fis Kristin Sverchek ATE General Counsel ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: fi Ag— EM. AZIA mM tigen be lis DATE ob au Chief Bureau of Consumer Frauds and Protection BENJAMIN M. LAWSKY Superintendent of Financial Services. By: 4 JOY (FEIGENBAUM eliehe DATE Executive Deputy Superintendent Financial Frauds and Consumer Protection Division pasted, JON 47 20152 THRYN E. FREE Sie ae JSC. woe ~