Stout

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JESSE STOUT, Case No. 21-cv-04745-EMC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO COMPEL ARBITRATION

GRUBHUB INC., et al., AND STAY PROCEEDINGS Defendants. Docket No.

12 13 Plaintiff Jesse Stout has brought suit as an individual, but (as stated in the caption) allegedly “on behalf of the general public,” against Defendant Grubhub Inc. As alleged in the operative complaint, he “seeks public injunctive relief [to address] Grubhub’s deceptive and untruthful advertising related to [its] promise to provide ‘Unlimited Free Delivery’ to Grubhub+ subscribers.” FAC ¶ 1. Currently pending before the Court is Grubhub’s motion to compel arbitration and stay proceedings. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS in part and DENIES in part Grubhub’s motion. I. FACTUAL…