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 U.S. District Judge Edward Chen's order in San Francisco was the
latest setback for Uber, which has drawn criticism around the globe
over whether its service complies with local licensing and safety
laws and whether its drivers have been adequately vetted.
Chen said a Nov. 26 ruling by U.S. Magistrate Judge Donna Ryu that
the plaintiff in the lawsuit can receive emails from Kalanick and
global operations chief Ryan Graves about Uber's tipping practices
was neither "clearly erroneous" nor legally wrong.
"That Judge Ryu's order may require defendant to review
approximately 21,000 documents does not represent an improper burden
given the potential role of defendant's CEO and vice president of
operations in defendant's challenged conduct," Chen wrote in an
order issued Wednesday night.
The emails are to be turned over by Jan. 23, court records show.
Jacie Zolna, an attorney for plaintiff Caren Ehret, an Uber customer
from Illinois, on Friday said his client looks forward to reviewing
"this clearly relevant information."
Uber spokeswoman Kristin Carvell declined to comment.
The Jan. 8, 2014 lawsuit, which seeks class-action status, accuses
Uber of falsely advertising that a 20 percent gratuity on fares is
"automatically added for the driver," when the San company instead
retains a "substantial portion" for itself.
Ehret said this caused her and other customers to overpay, amounting
to breach of contract and violating California consumer protection
laws. The lawsuit seeks unspecified compensatory and punitive
damages.
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Uber contended that Ehret did not need the emails she sought and
that other evidence, including that from general managers in cities
where the San Francisco-based company operates, would offer a
"complete understanding" of its tipping practices.
Last week, authorities in South Korea indicted Kalanick on charges
he violated local licensing laws. Uber said it believed its service
was legal in that country.
Some cities, including Amsterdam, Berlin, New Delhi and Portland,
Oregon have banned or sought to ban Uber services.
Founded in 2009, Uber now operates in about 250 cities on six
continents. It obtained financing last month that valued the
privately held company at roughly $40 billion.
The case is Ehret vs. Uber Technologies Inc, U.S. District Court,
Northern District of California, No. 14-00113.
(Reporting by Jonathan Stempel in New York; Editing by Jonathan
Oatis)
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