Are you saying that Benchmark thinks/knows this lawsuit is worse for Uber and its employees?
It's an open secret that Kalanick is trying to regain control of the company, telling people that he plans to return as CEO; that he's "Steve Jobs-ing it." [1] That's what this lawsuit is trying to prevent.
I don't think Kalanick's return would be good for Uber, its employees, or its investors. Clearly Benchmark feels the same way.
[1] https://www.recode.net/2017/7/30/16066332/uber-ceo-search-tr...