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Vilcek v. Uber USA, LLC

United States District Court, E.D. Missouri, Eastern Division

September 30, 2016

AARON VILCEK, et al., Plaintiffs,
v.
UBER USA, LLC and UBER TECHNOLOGIES, INC., Defendants.

          Aaron Vilcek, Plaintiff, represented by Gary A. Growe, GROWE AND EISEN.

          Aaron Vilcek, Plaintiff, represented by Joe D. Jacobson, JACOBSON AND PRESS, P.C. & Matthew B. Vianello, JACOBSON AND PRESS, P.C..

          Douglas A. Uchendi, Plaintiff, represented by Gary A. Growe, GROWE AND EISEN, Joe D. Jacobson, JACOBSON AND PRESS, P.C. & Matthew B. Vianello, JACOBSON AND PRESS, P.C..

          Jeffrey Hamilton, Plaintiff, represented by Gary A. Growe, GROWE AND EISEN, Joe D. Jacobson, JACOBSON AND PRESS, P.C. & Matthew B. Vianello, JACOBSON AND PRESS, P.C..

          Robert Glynn, Plaintiff, represented by Gary A. Growe, GROWE AND EISEN, Joe D. Jacobson, JACOBSON AND PRESS, P.C. & Matthew B. Vianello, JACOBSON AND PRESS, P.C..

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY, District Judge.

         This matter is before the Court on Defendants' Motion to Dismiss, [Doc. No. 6], Plaintiffs oppose the motion. For the reasons set forth below, the Motion is granted.

         Facts and Background

         Plaintiffs brought this action in the Circuit Court for the County of St. Louis, Missouri on November 12, 2015. Pursuant to the Court's diversity of citizenship jurisdiction, Defendants timely removed the action. 28 U.S.C. §§ 1332, 1441, 1446.

         Facts and Background

         Plaintiffs' Petition alleges the following:

         Uber developed and operates a software system that allows passengers with Uber accounts to request rides from drivers. These drivers are classified by Uber as independent contractors. Customer payments are processed automatically through Uber's system at the time a ride is requested. Uber takes a percentage of the payment, normally 20%, and passes the balance of the payment to the driver.

         The St. Louis Metropolitan Taxicab Commission (the "MTC") regulates taxicabs, their drivers, and taxicab companies operating in St. Louis City and County. The MTC is organized and exists under Section 67.1800, et seq., RSMo. The MTC was created to recognize taxicab service as a public transportation system, improve the quality of the system, and exercise primary authority over licensing, controlling, and regulating taxicab services within St. Louis City and County. The MTC is authorized to license, supervise, and regulate any person who engages in the business of transporting passengers for hire, and is required by statute to establish administrative procedures for granting, denying, suspending, or revoking taxicab licenses. These procedures are stated in the MTC's Vehicle For Hire Code ("Taxi Code").

         Under the Taxi Code, individuals may not operate a taxicab in St. Louis City or County without first obtaining an MTC driver's license. To obtain an MTC driver's license, a person must comply with certain requirements, including: a. being in possession of a valid Class E chauffeur's license issued by the State of Missouri; and b. submitting to fingerprint identification as required by Section 67.1819, RSMo. Plaintiffs and all members of the putative class have complied with ...


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