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GrubHub and DoorDash Are Sued Over No Price Competition Now Discovery Plan OKed

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, June 16 – GrubHub and DoorDash have been sued by consumers on antitrust grounds. But the proposed discovery plan has not been approved yet.

   On June 8, 2022 U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan held a proceeding. Inner City Press covered it.

  The parties had proposed discovery into both class certification issues, and into for example the purpose and effects of the defendants' no-price competition clauses.

 Judge Kaplan spoke of bifurcation and declined to approve the discovery plan. He asked for a new plan by June 15.

And on June 16 he endorsed it: "JOINT RULE 26(f) REPORT AND DISCOVERY PLAN: Any motion to compel arbitration with respect to one or more named plaintiffs' claims August 26, 2022. Pre-class certification stage fact discovery cutoff March 17, 2023. Plaintiffs' motion for class certification March 17, 2023. Discovery cutoff regarding Plaintiffs' class certification expert report(s) May 23, 2023. Defendants' opposition to Plaintiffs' motion for class certification June 6, 2023. Discovery cutoff regarding Defendants' class certification expert report(s) July 20, 2023. Plaintiffs' reply in support of their motion for class certification August 3, 2023. Defendants' motions for summary judgment October 5, 2023. Discovery cutoff regarding Defendants' merit expert report(s) November 1, 2023. Plaintiffs' opposition to Defendants' motions for summary judgment November 15, 2023. Discovery cutoff regarding Plaintiffs' merit expert report(s) December 6, 2023. Defendants' reply in support of their motions for summary judgment December 15, 2023. Schedule approved. The parties shall assume that it will not be extended. SO ORDERED. Motions due by 10/5/2023. Responses due by 11/15/2023 Replies due by 12/15/2023. Fact Discovery due by 3/17/2023. Discovery due by 12/6/2023. (Signed by Judge Lewis A. Kaplan on 6/16/2022)."

The case is Davitashvili et al v. Grubhub Inc. et al., 20-cv-3000 (Kaplan) 

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