Grubhub's Discovery Plan In Robocall Suit Is Rejected

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By Joyce Hanson (April 6, 2022, 7:40 PM EDT) — An Illinois magistrate judge said he won’t allow Grubhub Inc.’s proposed two-phase discovery process in a consumer’s putative class action that makes robocall claims under the Telephone Consumer Protection Act against the food-delivery app, ruling the company’s proposal is “overly myopic.”

Magistrate Judge Gabriel A. Fuentes ruled Tuesday that Grubhub has inappropriately proposed a first phase seeking a 90-day discovery period, during which it would take lead plaintiff Donna Marshall’s deposition and then provide a witness to talk about calls the company makes, followed by an unspecified second phase.

That proposed two-phase sequencing of discovery could lead to confusion and inefficiency,…

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