Opinion

Davitashvili v. Grubhub Inc.

Court
District Court, S.D. New York
Filed
Aug 21, 2025
Cited by
0 cases
Authority
More cited than 39.1%

The opinion

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August 13, 2025

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The Honorable Lewis A. Kaplan [ | [i \ □ iP ry

United States District Judge Ww i \ wf eh □□ Le i □□□

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New York, NY 10007 . espe SDNY

DOCUMENT

Re: Davitashvili et al. v. Grubhub Inc. et al., No. 1:20-cv-03000 “Ioce ee FILED

ee

Dear Judge Kaplan: [pate FILED: ORla)/2S

The parties write to provide a status update. On June 30, 2023, □□□□□□□□□□□□□□□□□□□□□□□

pending resolution of Defendants’ appeals of the Court’s order denying Defendants’ motion to

compel arbitration. Dkt. No. 126. On March 13, 2025, the Second Circuit issued an opinion

affirming in part and reversing in part, Dkt. No. 130, holding that an arbitrator needed to decide

whether Plaintiffs’ claims against Uber were subject to arbitration, but that “Grubhub’s arbitration

clause does not apply to Plaintiffs’ antitrust claims against Grubhub.” /d. at 3-4.

On April 4, 2025, the Second Circuit issued the mandate, Dkt. No. 131, remanding for this

Court “to adjudicate the merits of the complaint with respect to Grubhub and for further

proceedings consistent with [its] opinion.” Jd. at 1. The parties have met and conferred but have

been unable to agree upon a proposed schedule to move the case forward. The parties’ positions

are set forth below.

Plaintiffs’ position: The Court lift the stay and permit discovery to resume. The parties

sought the stay for two reasons. First, under Coinbase, Inc. v. Bielski, 599 U.S. 736 (2023), the

stay was required “with respect to the five named plaintiffs subject to both Defendants’ 9 U.S.C.

§ 16(a) appeals.” Dkt. No. 125 at 1. Second, although two named plaintiffs (Drewey and

Bensimon) were not subject to both appeals, those plaintiffs could not represent “one of the three

proposed classes”—namely, the class asserting claims in connection with their purchases through

non-Defendant platforms, like Doordash. fd. As a result, in the parties’ view, moving forward

before the appeals were resolved “posed many risks,” including “duplicative and inefficient”

discovery and “multiple rounds of class certification proceedings.” Jd,

Neither of these issues is present now. The resolution of Defendants’ appeals means that

Coinbase no longer applies. In addition, none of the named plaintiffs’ claims is subject to

arbitration with Grubhub, and although five named plaintiffs’ claims may be subject to arbitration

with Uber,! the remaining two plaintiffs can represent each of the three classes asserting claims

against Uber. Accordingly, the concerns that the parties expressed two years ago regarding judicial

economy no longer apply. Indeed, the parties presupposed that the stay would end when

| Plaintiffs view Uber’s argument that Plaintiffs’ claims are arbitrable as meritless, including

because it is inconsistent and irreconcilable with this Court’s order denying Uber’s motion to

compel arbitration and the Second Circuit’s order holding that Plaintiffs’ identical claims against

Grubhub are not subject to arbitration.

Memorandum Endorsement Davitashvili v. Grubhub Inc., 20-cy-3000 (LAK)

The stay of this acting pending appeal (Dkt 126) is lifted. Plaintiffs shall file an

amended complaint by September 30, 2025. Fact discovery shall be completed by December 16,

2025. Plaintiffs shall file their motion for class certification and serve any corresponding expert

report(s) by January 16, 2026. Defendants shall file any opposition and serve any corresponding

expert report(s) by March 17, 2026. Plaintiffs shall file any reply in support of the motion for class

certification and rebuttal expert report(s) by May 15, 2026.

SO ORDERED. .

Dated: August 21, 2025 WK .

bas A. Kaplan

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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