No. 19-8075

S. Patrick Mendel v. UBER Technologies, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2020-03-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: antitrust federal-authority-transportation federal-preemption interstate-commerce intrastate-rates intrastate-routes intrastate-services passenger-transportation public-safety regulatory-conflict transportation-network-companies
Key Terms:
Arbitration DueProcess JusticiabilityDoctri
Latest Conference: 2020-05-21
Question Presented (AI Summary)

Whether private contracts, with the aid of the States, designed to defeat federal transportation and antitrust laws should be enjoined

Question Presented (OCR Extract)

QUESTIONS PRESENTED Briefly, federal authority over intrastate transportation provides: e ... no State ...shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to intrastate rates, intrastate routes, or intrastate services of any freight forwarder or broker. 49 U.S.C. §14501(b) e Mandates Pre-Arranged ground transportation providers have State passenger vehicle registration and State passenger authority 49 U.S.C. §14501(d)(1)(B) e ...no person can sell or arrange passenger transportation to private motor vehicles for compensation or as an occupation or business. 49 CFR §372.101 See Also: 49 CFR §350.201 California, joined by 40 other States’, enacted Transportation Network Company laws which allow the permit holder, (Uber and Lyft) to sell and arrange passenger transportation to private motor vehicles contrary to federal law. This has led to an explosion of unsafe travel for the public resulting in more than: a dozen preventable murders, 57 deaths; and several hundreds of rapes and several thousands of ; assaults annually upon drivers and riders.as well as at least 10 driver suicides! QUESTION 1. Whether private contracts, with the aid of the States, designed to defeat federal transportation and antitrust laws should be enjoined by this Court by mandamus or other legal process to urgently and sua sponte grant relief to prevent the continuing massive violent carnage and labor strife across the United States? , 2 QUESTION 2. Whether California’s Transportation Network Company “TNC” codes which grant authority to (the permit holder) to sell and arrange passenger transportation in private motor vehicles conflicts with federal laws which mandate: (1) State passenger vehicle registration and state passenger authority for passenger ground transportation 49 U.S.C. §14501(d)(1)(B) and; (2) prohibiting States from making ANY broker laws related to intrastate rates, intrastate routes or intrastate services 49 U.S.C. 14501(b) and; (8) | Preempting the States and Airports from taxing or charging fees on interstate passenger transportation under 49 U.S.C. §14505 ... and should be found unconstitutional and preempted? ; QUESTION 3. _ Whether the lower courts erred by failing to provide a constitutionally sound judicial forum and to liberally construe the pro se complaints below, with the same consideration as instructed by this Court under Sause v. Bauer, 585 U.S. __(2018) and its descendants? 3

Docket Entries

2020-05-26
Petition DENIED.
2020-05-06
DISTRIBUTED for Conference of 5/21/2020.
2020-04-29
Waiver of right of respondents City and County of San Francisco, et al. to respond filed.
2020-04-21
Waiver of right of respondents Marybel Batjer, Michael Picker, Carla J. Peterman, Liane Randolph, Clifford Rechtschaffen, Martha Guzman Aceves, Genevieve Shiroma, and Maritza Perez to respond filed.
2020-04-21
Waiver of right of respondents Uber Technologies, Inc.; Rasier-CA, LLC; Uber USA, LLC; Travis Kalanick; Garrett Camp; Ryan Graves to respond filed.
2020-04-15
Waiver of right of respondent California Attorney General Xavier Becerra to respond filed.
2020-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2020)

Attorneys

California Attorney General Xavier Becerra
Paul Evan SteinCalifornia Department of Justice, Respondent
Paul Evan SteinCalifornia Department of Justice, Respondent
City and County of San Francisco, et al.
Raymond R. RollanSan Francisco City Attorney's Office, Respondent
Raymond R. RollanSan Francisco City Attorney's Office, Respondent
Marybel Batjer, Michael Picker, Carla J. Peterman, Liane Randolph, Clifford Rechtschaffen, Martha Guzman Aceves, Genevieve Shiroma, and Maritza Perez
Edward MoldavskyCalifornia Public Utilities Commission, Respondent
Edward MoldavskyCalifornia Public Utilities Commission, Respondent
S. Patrick Mendel
S. Patrick Mendel — Petitioner
S. Patrick Mendel — Petitioner
Uber Technologies, Inc.; Rasier-CA, LLC; Uber USA, LLC; Travis Kalanick; Garrett Camp; Ryan Graves
Thomas M. PetersonMorgan, Lewis & Bockius LLP, Respondent
Thomas M. PetersonMorgan, Lewis & Bockius LLP, Respondent
Brian C RoccaMorgan, Lewis & Bockius LLP, Respondent
Brian C RoccaMorgan, Lewis & Bockius LLP, Respondent