Volume 3 Pages 376 - 565 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE MAGISTRATE JACQUELINE SCOTT CORLEY ANDREW TAN and RAEF LAWSON in their capacities as Private Attorney General Representatives, and RAEF LAWSON, individually and on behalf of all other similarly situated individuals, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) No. C 15-5128 JSC ) GRUBHUB HOLDINGS, INC. and ) GRUBHUB, INC., ) ) San Francisco, California Defendants. ) Thursday ) September 7, 2017 ___________________________________) 8:30 a.m. TRANSCRIPT OF BENCH TRIAL PROCEEDINGS APPEARANCES: For Plaintiffs: BY: BY: LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street Suite 2000 Boston, Massachusetts 02116 SHANNON LISS-RIORDAN, ESQ. THOMAS FOWLER, ESQ. LICHTEN & LISS-RIORDAN, P.C. 466 Geary Boulevard Suite 201 San Francisco, California 94102 MATTHEW CARLSON, ESQ. (APPEARANCES CONTINUED ON FOLLOWING PAGE) 11916, CRR, RMR Reported By : Debra L. Pas, CSR 11916, JoAnn Bryce, CSR 3321, CRR, RMR Official Reporters - US District Court Computerized Transcription By Eclipse 377 1 APPEARANCES: (CONTINUED) 2 For Defendants: 3 4 BY: GIBSON, DUNN & CRUTCHER 333 South Grand Avenue Los Angeles, California 90071 THEODORE J. BOUTROS, ESQ. THEANE EVANGELIS KAPUR, ESQ. 5 6 BY: GIBSON, DUNN & CRUTCHER 1050 Connecticut Avenue, NW Suite 200 Washington, DC 20036 DHANANJAY MANTHRIPRAGADA, ESQ. BY: GIBSON, DUNN & CRUTCHER 3161 Michelson Drive Irvine, California 92612 MICHELE L. MARYOTT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - - - 378 PROCEEDINGS 1 Thursday - September 7, 2017 8:30 a.m. 2 P R O C E E D I N G S 3 ---000--- 4 THE COURT: Good morning. 5 scheduling matters to discuss? 6 MR. BOUTROS: 7 All right. Yes, your Honor. There are some Very briefly. We met-and-conferred with Ms. Liss-Riordan and her team. 8 We're going to ask to call Stan Chia, the COO, tomorrow; put 9 him on tomorrow. It may require a little bit out of order if 10 we don't get through Ms. Liss-Riordan's paralegal witnesses 11 today. 12 He's got to get back. So I think we're in agreement. It's going to be, I think, 13 90 minutes tops direct. 14 So I just want to give the Court notice on that. 15 THE COURT: 16 MR. BOUTROS: I'm going to try and keep it shorter. Sure. And then just two other logistical 17 issues. 18 witnesses can't be in the courtroom. 19 Ms. O'Shae, T.J. O'Shae is one of the witnesses. 20 just ask -- we don't know what she looks like. 21 Today we're going to ask to invoke the rule that We don't know -- I think So if we could ask the Court to invoke the rule that she 22 not be in the courtroom during prior testimony. 23 two. 24 25 So we would THE COURT: shouldn't be. Okay? All right. That's number So if Ms. O'Shae is here, she 379 PROCEEDINGS 1 MS. LISS-RIORDAN: 2 THE COURT: 3 MR. BOUTROS: She's not. Okay. Thank you. 4 Then the third issue is just on the Caviar data that was 5 under seal and confidential, they have now de-designated that 6 as confidential. So I want to give the Court notice of that. 7 THE COURT: 8 MR. BOUTROS: 9 It is no longer confidential. THE COURT: 11 MR. BOUTROS: 12 THE COURT: All right. Thank you. Thank you, your Honor. Okay. Are we ready to resume with Mr. Lawson? 14 MS. LISS-RIORDAN: 15 THE COURT: 16 So we may be referring to that in open court. 10 13 Is no longer confidential. Yes. All right. Mr. Lawson, you know where to go. 17 THE WITNESS: 18 THE COURT: 19 THE WITNESS: 20 I do. And you are still under oath. Yes. RAEF LAWSON, 21 called as a witness for the Plaintiff herein, having been 22 previously sworn, resumed the stand and testified further as 23 follows: 24 25 380 LAWSON - REDIRECT / LISS-RIORDAN 1 REDIRECT EXAMINATION RESUMED 2 BY MS. LISS-RIORDAN 3 Q. Good morning, Mr. Lawson. 4 A. Good morning. 5 Q. You were asked some questions yesterday by Grubhub's 6 counsel regarding how you came to initiate this lawsuit. 7 got a couple follow-up questions for you. 8 A. Okay. 9 Q. Do you remember when you first contacted my law firm? 10 A. Yes, roughly. 11 Q. When, roughly, did you contact us? 12 A. Around summer, 2015. 13 Q. I'm not going to ask you about anything said between you 14 and anyone at my firm because that would be privileged, but can 15 you tell us why you reached out to our firm? 16 A. Well, it was because of Uber. 17 Q. Okay. 18 A. No. 19 Q. Did you at some point reach out to our firm again? 20 A. Yes. 21 Q. Do you recall when that was? 22 A. No, I don't. 23 Q. Okay. I've And at that time were you working for Grubhub? It was about Grubhub down the road. Was it after you had started working for Grubhub? 24 MS. MARYOTT: 25 THE COURT: Objection. Overruled. Leading. 381 LAWSON - REDIRECT / LISS-RIORDAN 1 A. 2 BY MS. LISS-RIORDAN 3 Q. 4 contract that you signed with Grubhub. 5 A. Yes. 6 Q. Okay. 7 was an arbitration clause in the contract. 8 that? 9 A. Yes. 10 Q. Okay. 11 Grubhub, right? 12 A. Yes. 13 Q. How did you -- what led you to opt out of the arbitration 14 clause? 15 A. 16 Uber and their arbitration clause. 17 had read a couple of them. 18 Q. 19 clause? 20 A. Yes. 21 Q. Did you read your full contract with Grubhub before 22 signing it? 23 A. I'm pretty sure not the full one. 24 Q. Okay. 25 because of the issue you had heard about with Uber and I think it was. Okay. And you were asked some questions about the Do you remember that? And Ms. Maryott asked you about the fact that there Do you remember And you opted out of the arbitration clause for In the summer of 2015 there were a lot of articles about It was a big issue. And I So is that how you were aware of Grubhub's arbitration But you were aware of the arbitration clause 382 LAWSON - REDIRECT / LISS-RIORDAN 1 arbitration? 2 MS. MARYOTT: 3 THE COURT: 4 MS. LISS-RIORDAN: Objection. Leading. Sustained. Okay. 5 BY MS. LISS-RIORDAN 6 Q. 7 that after you were terminated from Grubhub, you signed up -- 8 or you attempted to sign up a couple more times with Grubhub. 9 Do you remember that? Mr. Lawson, you were asked some questions about the fact 10 A. Yes. 11 Q. And I think you were shown a document that contained some 12 of your explanation of why you wanted to provide delivery 13 services for Grubhub. 14 A. Yes. 15 Q. Okay. 16 document right here in front of me, but do you remember 17 generally what you said when you were trying to work again for 18 Grubhub? 19 A. For clarification, was that the survey? 20 Q. Well, do you remember making any comments about Grubhub 21 when you were trying to sign up to work for Grubhub again? 22 A. Oh, yes. 23 Q. Do you remember generally what you -- what you put? 24 you said? 25 A. Yes. Do you remember that? And do you remember -- well, I don't have the Yes. I think the defense put it up the first day. What 383 LAWSON - REDIRECT / LISS-RIORDAN 1 Q. 2 you, but I just wanted to know if you remember generally. 3 A. Generally, yes. 4 Q. Okay. 5 remember saying? 6 A. 7 efficient. 8 Q. Why did you say that? 9 A. Because I wanted -- I needed to earn money. 10 Q. So you wanted to provide delivery services again for 11 Grubhub? 12 A. Yes. 13 Q. You were asked -- let's see. 14 questions -- wait. 15 the exhibit binders back in front of you, our set of exhibit 16 binders. 17 Okay. I mean, do you remember now? I can find it for Can you just tell us generally what it was you I think I said it was a good company, stuff like that, I'm sorry. You were asked a number of Just one moment. I want to get (Brief pause.) 18 MS. LISS-RIORDAN: 19 THE COURT: 20 May I approach, your Honor? You may. (Whereupon exhibit binders were tendered to the 21 witness.) 22 BY MS. LISS-RIORDAN 23 Q. 24 regarding your toggling in late for your shift. 25 remember that? You were asked a number of questions by Ms. Maryott Do you 384 LAWSON - REDIRECT / LISS-RIORDAN 1 A. Yes. 2 Q. She went through and she went through various numbers of 3 times that she said that the records reflected that you were 4 15 minutes late, 30 minutes late, more than an hour late, 5 et cetera. 6 A. Yes. 7 Q. Okay. 8 the beginning of your shift, did you ever experience that 9 Grubhub -- that something didn't work and that Grubhub didn't 10 Do you remember her asking you about that? Let me ask you something. When you toggled on at recognize you as having toggled in? 11 MS. MARYOTT: 12 THE COURT: Objection. Sustained. Leading. Ask him why he would have 13 toggled in late. 14 BY MS. LISS-RIORDAN 15 Q. 16 or can you tell us why Grubhub's records might reflect you that 17 toggled in late? Okay. Can you tell us why you may have toggled in late, 18 MS. MARYOTT: 19 THE COURT: Objection. Calls for speculation. Overruled. 20 A. 21 glitch that wouldn't allow me to sign in and I would notify 22 them about it. 23 BY MS. LISS-RIORDAN 24 Q. 25 nature, technical problems with the app of that nature at times Sometimes there would be -- there would be some type of Okay. And did you -- did you experience problems of that 385 LAWSON - REDIRECT / LISS-RIORDAN 1 when you were doing work for Grubhub? 2 A. Yes, I did. 3 MS. MARYOTT: 4 THE COURT: 5 BY MS. LISS-RIORDAN 6 Q. 7 issues with the app while you were performing work for Grubhub? 8 A. 9 over a few. Okay. Objection. Sustained. How often would you say you experienced technical It would be hard to estimate, but it definitely happened 10 Q. 11 been entered into evidence. 12 Leading. Okay. So turn to Exhibit 64, which I believe has already (Witness complied.) 13 Q. 14 email exchange with Grubhub? 15 A. Yes. 16 Q. Okay. 17 below -- in the second half of the page where it says "Absent 18 From Block." 19 A. 20 And if you would look again, do you remember having this And can you read what it says under the heading Can you read what it says in that block? (As read) "Hi, Raef. Frm, Jared Grebner. Please toggle 21 'Available' for your scheduled blocks or we must 22 remove them due to non-compliance. 23 Jared Grebner." 24 Q. 25 your response? Okay. Have a great day. Now go to the top of this email, and can you read 386 LAWSON - REDIRECT / LISS-RIORDAN 1 A. (As read) 2 "I've been on. I didn't get an order for a 3 little while, but I was told to wait for 40 minutes 4 before calling in. 5 that and this email. 6 sign off and go home or deliver order? And I got an order well before Am I not registering? Should I Raef Lawson." 7 Q. 8 to time, to your knowledge, that you may have toggled in, but 9 it wasn't registering with Grubhub? So, Mr. Lawson, was that something that happened from time 10 MS. MARYOTT: 11 THE COURT: 12 A. Overruled. Leading. You can answer that one. Yes, to the best of my recollection. 13 14 Objection. THE COURT: happened? 15 You said you would notify them when that How would you notify them? THE WITNESS: It would vary. Sometimes I would call 16 in. 17 sometimes texts, too. 18 BY MS. LISS-RIORDAN 19 Q. 20 not know, but let me ask you: 21 Grubhub didn't recognize you as having been toggled in at the 22 beginning of your shift? Other times I would email. And, Mr. Lawson, did you always -- well, I guess you might 23 MS. MARYOTT: 24 THE COURT: 25 A. And I think there were No. Did you always know whether Objection. Overruled. Definitely not. Calls for speculation. 387 LAWSON - REDIRECT / LISS-RIORDAN 1 BY MS. LISS-RIORDAN 2 Q. 3 shift and you didn't get an order for a little while. 4 didn't realize that the toggling hadn't worked? Okay. So sometimes you might be out there starting your 5 MS. MARYOTT: 6 THE COURT: 7 BY MS. LISS-RIORDAN 8 Q. 9 you've discussed in your direct about ghost orders. Okay. Leading. Sustained. There were some questions yesterday about what 10 remember that? 11 A. Yes. 12 Q. Okay. 13 Objection. You Do you Turn to Trial Exhibit 47? (Witness complied.) 14 Q. 15 Grubhub? 16 A. Yes, it was. 17 Q. So if you would turn to -- 18 Is ghost orders something that you raised as an issue with MS. LISS-RIORDAN: And I apologize. I don't think 47 19 has gone in yet, but there was no objection to it. 20 moves it in. 21 THE COURT: 22 Plaintiff 47 admitted. (Trial Exhibit 47 received in evidence) 23 BY MS. LISS-RIORDAN 24 Q. 25 third page, Grubhub 272 at the bottom. Okay. So go to the third page -- I'm sorry. Yes, the And do you recognize 388 LAWSON - REDIRECT / LISS-RIORDAN 1 this as an email that you sent Grubhub? 2 A. Yes. 3 Q. Okay. 4 top. 5 A. From the "Hi"? 6 Q. "Hi, Grubhub." 7 A. (As read) 8 9 Can you just read that, please? "Hi, Grubhub. Starting at the My statement from yesterday, it's showing I missed a dispatch. 7:55 p.m. missed, Hama 10 restaurant. 11 into this. I only ask because I swear I never got 12 this ping. I had my phone volume on high and not only 13 did my phone never alert me about this job, it never 14 showed up on the screen either. I was wondering if you could please look 15 "As you can see from the past few weeks, I have 16 100 percent total acceptance rating and I would hate 17 for this to screw it up. 18 floor. 19 jobs alone, but I still think I should have received 20 it, especially since dispatch sent me my last order 21 very close to when I was supposed to end my shift, 22 which I gracefully accepted. 23 about it this morning, they said that the floor was 24 based on my weekly acceptance rate, but this appears 25 wrong, seeing as I didn't get it yesterday, and that Plus, it made me miss the Granted, I almost made it regardless on my When I called dispatch 389 LAWSON - REDIRECT / LISS-RIORDAN 1 was the only job I've missed in weeks. 2 "Anyway, if you could double check to make sure 3 it wasn't a glitch saying I was sent that job, I would 4 really appreciate it. 5 Q. 6 Okay. Happy Holiday." Now, turn to the second page. (Witness complied.) 7 Q. 8 to you? 9 A. Yes. 10 Q. And can you read -- read his response, please? 11 A. (As read) 12 And do you see a response from someone named Peter Hammer "Hello, Raef. I'm sorry if there was an order 13 offered that you did not receive. 14 are not able to adjust the acceptance rate as it is 15 based solely on whether or not an order is accepted by 16 the app it is sent to. Unfortunately, we 17 "Some pro tips from our veteran drivers to help 18 prevent missed deliveries include keeping the app at 19 the forefront of your screen for the duration of your 20 blocks, making sure there aren't any competing apps 21 running, and disabling your lock screen for the 22 duration of your block. 23 provider, taking calls can also interrupt your phone 24 receiving orders. 25 Depending on the service "If you happen to encounter any sort of issues 390 LAWSON - REDIRECT / LISS-RIORDAN 1 with the app, please use the feedback button in the 2 app to alert our developers so that they can get any 3 bugs worked out. 4 about this, please let us know. 5 Q. 6 reply? 7 A. Okay. All the best." And then go up one email, and can you read your (As read) 8 "Hi, Peter. 9 If you have any other questions No, I understand. I was just reading in the forum that a few other couriers were 10 getting ghost dispatches around the same time I 11 supposedly got that one, so I thought it might have 12 been a glitch with the app and I just want to find out 13 if that was true. 14 important question I had was dispatch -- was dispatch 15 right and the floor is given based on the weekly 16 acceptance rate or is it each day's acceptance rate? 17 Thanks again." 18 MS. MARYOTT: But the more important -- the more I'm going to move to strike the hearsay, 19 your Honor. 20 was talking to other people, but there is no evidence of that. 21 22 There is hearsay within that. MS. LISS-RIORDAN: He claims that he Not offered for the truth of the matter. 23 THE COURT: 24 BY MS. LISS-RIORDAN 25 Q. Yeah. That's fine. Overruled. If you go up one, you see Peter Hammer's response to you. 391 LAWSON - REDIRECT / LISS-RIORDAN 1 Rather have us read the whole thing, the last sentence of that 2 first paragraph, Mr. Hammer said: 3 "Either the hourly minimum rate or the delivery 4 revenue rate." 5 Do you see that? 6 A. Yes. 7 Q. Okay. 8 from someone named Austin Yoeu. 9 A. Yes. 10 Q. And he says: 11 And then go up to the final email in this chain "Hey there. Do you see that? No, the system wouldn't send you any 12 ghost orders or anything." 13 Do you see that? 14 A. Yes. 15 Q. Okay. 16 something that you were aware of when you were driving for 17 Grubhub? 18 A. Yes. 19 Q. Okay. 20 that you believed you may have experienced a ghost order, 21 impact you in any way with regard to your accepting orders that 22 were sent to you? 23 A. Yes. So, Mr. Lawson, is the concept of ghost orders And did it -- did the fact that these ghost orders, As I -- 24 MS. MARYOTT: 25 THE COURT: Leading. Overruled. 392 LAWSON - REDIRECT / LISS-RIORDAN 1 A. 2 have a 100 percent acceptance rate. 3 BY MS. LISS-RIORDAN 4 Q. 5 Ms. Maryott yesterday about the fact that you originally signed 6 up for Grubhub in August, 2015, but then you didn't actually 7 start doing deliveries until late October. 8 that? 9 A. Yes. 10 Q. Okay. 11 tell us again why was it that there was that delay between your 12 signing up and your actually starting to do deliveries for 13 Grubhub? Yes. As I mentioned yesterday, I -- it made me want to Just to be safe. Now, Mr. Lawson, do you remember some question from Do you remember And you said this in your direct, but can you just 14 MS. MARYOTT: 15 THE COURT: Objection. Asked and answered. Overruled. 16 A. 17 couldn't figure it out and Grubhub wasn't helpful in helping me 18 figure it out. 19 impossible to get shifts. 20 BY MS. LISS-RIORDAN 21 Q. 22 Exhibit 43. 23 24 25 As I previously mentioned, it was -- the app was -- I Okay. And then once I did, it was just nearly I'd like you to turn in the trial binder to (Witness complied) MS. LISS-RIORDAN: This was an exhibit I believe was not objected to and the plaintiff moves it into evidence. 393 LAWSON - REDIRECT / LISS-RIORDAN 1 THE COURT: 2 43 admitted. (Trial Exhibit 43 received in evidence) 3 BY MS. LISS-RIORDAN 4 Q. 5 I'm going to want you to read this email. 6 Turn to the third page, the last page of this exhibit. (Witness complied.) 7 Q. Do you see where you say, "Hi, Grubhub"? 8 A. Yes. 9 Q. Okay. Can you read that, please? 10 date of that email? 11 A. October 25th, 2015. 12 Q. Okay. 13 A. (As read) 14 "Hi, Grubhub. And, also, what's the I can log into When I Work and see 15 my area and coworkers, but the Schedule tabs are 16 always all blank. 17 still active and let me know how to fix it? 18 Raef Lawson." Can you please check to see if I'm 19 Q. 20 someone named Daniel Karlin replied. 21 email to you? 22 A. 23 Okay. Thanks, And then turn to the second page, and it looks like And can you read his (As read) "Hi, Raef. First and foremost, yes. You are 24 still very much active in our system. 25 am sorry that it has been hard to pick up a proper Furthermore, I 394 LAWSON - REDIRECT / LISS-RIORDAN 1 schedule over the last few weeks and I completely 2 understand your frustration. 3 "We are in the midst of growing pains within the 4 Los Angeles market. 5 in your market in anticipation for signing up more 6 restaurants for our service. 7 higher amount of orders per day and, thus, more blocks 8 released each week. 9 We have contracted more drivers This will result in a "We are also working alongside When I Work in an 10 attempt to provide an easier, more convenient means of 11 scheduling. 12 will not always be like this or not even like this for 13 much longer. 14 understanding in this transitional period. 15 regards." I can assure you that scheduling yourself We do appreciate your patience and Kind 16 Q. 17 up for Grubhub and when you got on the schedule and started 18 doing work, did you do work for Grubhub not on the schedule? 19 A. No. 20 Q. So you waited until you got on the schedule before you 21 started doing work? 22 A. Yes. 23 Q. And is that under -- what you understood you were supposed 24 to do? 25 A. So, Mr. Lawson, during that period between when you signed Yes, absolutely. 395 LAWSON - REDIRECT / LISS-RIORDAN 1 Q. 2 Can you turn, please, to Trial Exhibit 20? (Witness complied) 3 Q. 4 and Ms. Maryott's questioning of you? 5 A. Yes. 6 Q. And let me ask you this: 7 Grubhub, would you say? 8 A. 9 numerical value on it though. Okay. Do you recall looking at these documents yesterday How often did you call in to I -- I know it was frequently. It would be hard to put a 10 Q. 11 you about, well, these several call logs that appear to be 12 contained in Exhibit 20 show that it was only a handful of 13 times. 14 would be surprised that that was the only number. 15 recall saying that in your cross? Okay. And I believe you -- Ms. Maryott was questioning It looks like six times. 16 MS. MARYOTT: 17 THE COURT: 18 A. 19 BY MS. LISS-RIORDAN 20 Q. 21 yesterday. 22 Yes. Okay. Objection. And I think you said you Do you Leading. Overruled. I was very surprised. Turn now to Exhibit 62, which we did look at Okay. But keep your hand at 20. (Witness complied) 23 Q. 24 with email about a dispatcher named Sophie, who -- you had an 25 order that you were unhappy about getting sent back to you and Okay. Do you remember that 62 shows an exchange you had 396 LAWSON - REDIRECT / LISS-RIORDAN 1 Sophie made you do it and you did it? 2 testimony about that? 3 MS. MARYOTT: 4 THE COURT: Objection. Do you remember your Leading. Overruled. 5 A. 6 BY MS. LISS-RIORDAN 7 Q. 8 your email to Grubhub was? 9 A. December 6, 2015. 10 Q. Okay. 11 exchange you had, a conversation that you had that day? 12 A. Yes. 13 Q. Okay. 14 Yes, I do. Okay. And look in the second page and tell me what date And in that email were you talking about an It looks that way. And then -- now, flip back to Exhibit 20. (Witness complied) 15 Q. Do you see any logs here for calls on December 20th? 16 A. No, I don't. 17 Q. Okay. 18 the calls that you had with Grubhub? 19 A. No. 20 Q. Oh, take a look at -- this is in the defendant's binder -- 21 Trial Exhibit 1016. 22 moment. 23 So do you think these -- Exhibit 20 reflects all of There is no way. We're going to have to get out -- just a (Brief pause.) 24 MS. MARYOTT: 25 MS. LISS-RIORDAN: Counsel, what number did you say? 1016. 397 LAWSON - REDIRECT / LISS-RIORDAN 1 MS. MARYOTT: Thank you. 2 A. 3 BY MS. LISS-RIORDAN 4 Q. I'm about to bring it up for you. 5 A. Oh. 6 7 It's in the defense's binder? MS. LISS-RIORDAN: Okay. May I approach, your Honor? I'm looking at Bates stamped page Grubhub 481 in Exhibit 1016. 8 THE COURT: 9 You may. (Whereupon document was tendered to the witness.) 10 THE COURT: 11 MS. LISS-RIORDAN: Mine are not Bates stamped. Okay. 12 BY MS. LISS-RIORDAN 13 Q. 14 was an "Accept" and a "Reject" button on the app. 15 A. Okay. 16 Q. Okay. 17 A. Yes. 18 Q. Is this what you recall the app looking like at the time 19 that you were working at Grubhub? 20 A. I -- the one on the left or the right? 21 Q. I'm sorry. 22 Look at the top right there. 23 A. Yes. 24 Q. Do you remember it having a "Reject" button as well as an 25 "Accept" button? This is the one that was being shown yesterday where there Do you see that Mr. Lawson? You might not be looking at the right page. Do you see that? 398 LAWSON - REDIRECT / LISS-RIORDAN 1 A. Not to my recollection. 2 Q. Do you remember there ever being a "Reject" button? 3 A. During when I worked there? 4 Q. Yes. 5 A. Not that I recall. 6 Q. Okay. 7 think I remember she was asking you if you had a boss when you 8 did delivery at Grubhub. 9 A. Yes. 10 Q. And I believe you said that you didn't have someone who 11 was called your boss. 12 A. Yes. 13 Q. Did you feel you were being supervised by anyone at 14 Grubhub? During your questioning yesterday by Ms. Maryott, I 15 MS. MARYOTT: 16 THE COURT: Do you remember that? Do you remember that? Objection. Leading. Overruled. 17 A. 18 BY MS. LISS-RIORDAN 19 Q. Who did you feel you were being supervised by? 20 A. The dispatchers. 21 Q. So when you called in on the line to the folks in Chicago, 22 are you referring to the people who you talked to on the other 23 end of the line? Yes, I did. 24 MS. MARYOTT: 25 THE COURT: Objection. Sustained. Leading. 399 LAWSON - REDIRECT / LISS-RIORDAN 1 BY MS. LISS-RIORDAN 2 Q. 3 to, generally speaking? 4 A. Driver Care. 5 Q. Okay. 6 know if there was a difference between dispatch or Driver Care? 7 A. No, not really. 8 Q. Oh, Ms. Maryott asked you a question about -- that Grubhub 9 didn't require you to carry napkins or straws to customers. Okay. When you say "dispatchers," who were you referring Or do you mean -- Well, did you know the difference -- or did you Do 10 you remember that? 11 A. Yes. 12 Q. Did you carry napkins and straws to customers? 13 A. No. 14 Q. Okay. 15 take it upon yourself to make sure your customers always had 16 napkins and straws and you would bring them to them, did you? So as part of your own delivery service, you didn't 17 MS. MARYOTT: 18 THE COURT: 19 BY MS. LISS-RIORDAN 20 Q. 21 Maryott asked you some questions about the strategy that you 22 used when you were doing deliveries for Postmates and Caviar. 23 Do you remember her asking you about that? 24 A. Yes. 25 Q. Okay. Objection. Leading. Sustained. You were asked some questions about -- I believe Ms. And I think she was asking you whether you had a 400 LAWSON - REDIRECT / LISS-RIORDAN 1 strategy of looking to see how big a Postmates' order was in 2 deciding whether or not to accept it. 3 MS. MARYOTT: 4 THE COURT: Objection. Do you remember that? Misstates testimony. Overruled. 5 A. 6 BY MS. LISS-RIORDAN 7 Q. 8 shifts that you signed up for; is that right? 9 A. Yes, that's right. 10 Q. Okay. 11 you could do on Postmates, pick your order based on how -- 12 whether it looked like a good order to pick? 13 A. No. 14 Q. Why not? 15 A. Postmates always had the -- what they called the blind 16 system when I was working for them. 17 Q. What's a blind system? 18 A. You can't see what's in the order, where it's going, stuff 19 like that. 20 Q. 21 time? 22 of information -- more information? 23 A. 24 could do that sometime into 2016. 25 Q. Yes. Okay. And for Postmates you said that you didn't have Do you remember if that was always something that Just the name of the restaurant. Was there -- you said at the time. Was there some earlier Are you aware of whether they ever did provide that type Yes. Okay. From my knowledge, 2014 they did. And iPhone users But so for Grubhub, were you able to use a 401 LAWSON - REDIRECT / LISS-RIORDAN 1 so-called strategy to decide which orders looked like good 2 orders? 3 A. No. 4 Q. And why is that? 5 A. From -- it was the same type of system, with just the name 6 of the restaurant. 7 Q. 8 have the -- did it have -- do you remember if it had the 9 location of the restaurant? When you saw -- when the order came in on your app, did it 10 A. That I don't know. 11 Q. Ms. Maryott asked you some questions yesterday about a 12 strategy; that she said that drivers might put their phone into 13 airplane mode or turn off their data so they couldn't receive 14 orders. 15 A. Yes. 16 Q. Did you ever do that? 17 A. No. 18 Q. Why do you say that? 19 A. Because after I got hired and before I started working, I 20 don't think -- I did -- someone did mention that she -- and 21 they did say they got quickly fired because of that after the 22 fact. Have you -- have you ever heard of that? I really don't think so. 23 MS. MARYOTT: 24 THE COURT: 25 Objection. Overruled. Hearsay. 402 LAWSON - REDIRECT / LISS-RIORDAN 1 BY MS. LISS-RIORDAN 2 Q. 3 not? So because of that, did that influence your behavior or 4 MS. MARYOTT: 5 THE COURT: Objection. Leading. Overruled. 6 A. 7 if I knew going in that that would lead to a quick deactivation 8 or firing. 9 BY MS. LISS-RIORDAN Yes. I really doubt I would have -- would have done that 10 Q. 11 number of times that you had a shift at Grubhub, but didn't get 12 any orders. 13 A. Yes. 14 Q. Were there times when you -- you had a shift and you 15 worked and just no orders came in? Ms. Maryott showed you some documents yesterday showing a Do you remember that? 16 MS. MARYOTT: 17 THE COURT: 18 (Brief pause.) 19 THE COURT: Objection. Leading. Sustained. Never mind. 20 if you understand it. 21 THE WITNESS: You can answer that question Thank you. 22 A. 23 BY MS. LISS-RIORDAN 24 Q. 25 orders came in for you? Can you repeat that, please? Sure. Did you ever work a shift for Grubhub in which no 403 LAWSON - REDIRECT / LISS-RIORDAN 1 A. Yes. 2 Q. Okay. 3 orders to come in? 4 A. 5 in or around my car. 6 Q. 7 you got paid the hourly wage even though you hadn't gotten any 8 orders, is that right? 9 A. Yes. 10 Q. And do you know why you were paid the hourly page if you 11 hadn't done any orders? 12 A. Not really. 13 Q. That was just the way Grubhub did it? 14 And what did you do when you were waiting for Generally, as I mentioned yesterday, I would try to stay Okay. And there were times that -- there were times that MS. MARYOTT: 15 BY MS. LISS-RIORDAN 16 Q. 17 Objection. Leading. As far as you know? THE COURT: Overruled. 18 A. 19 BY MS. LISS-RIORDAN 20 Q. 21 about why you stopped delivering for Postmates. 22 remember that? 23 A. Yes. 24 Q. Okay. 25 delivering for Postmates? To my understanding, yes. Mr. Lawson, Ms. Maryott asked you some questions yesterday Do you And what is your memory of why you stopped 404 LAWSON - REDIRECT / LISS-RIORDAN 1 A. They fired me. 2 Q. Do you remember why they fired you? 3 A. They said I was waiting too long to notify them of closed 4 restaurants. 5 Q. Can you explain that? 6 A. Sort of. 7 screen for closed restaurants when they placed the order, but 8 sometimes they would get sent to us. 9 Did you understand what that meant? They -- the order placers were supposed to In that case, if we found out the restaurant was closed by 10 some way, either looking it up or getting there, then we would 11 have to press a button and call it in to one of the 12 dispatchers. 13 Q. 14 you have any understanding as to whether or not that would be 15 an order for a restaurant that was open? 16 A. 17 restaurant. 18 Q. 19 think it was to determine whether a restaurant was open when a 20 customer placed an order? 21 A. It was the order placer's duty. 22 Q. You mean, someone at Postmates? 23 A. Yes. 24 Q. Okay. 25 Postmates was accusing you of having done? Okay. So when -- when Postmates sends you an order, did It would be a safe assumption that that was an open Okay. Did you understand -- whose responsibility did you And so what was it that you're saying that 405 LAWSON - REDIRECT / LISS-RIORDAN 1 A. 2 at Postmates that it was closed. 3 Q. 4 waiting too long? 5 A. 6 the customer, if it's between a zero or 15 minutes, you don't 7 get anything. 8 Q. 9 driver? They said I would wait too long before notifying someone And what would be the significance, if you know, of Because if an order gets canceled, either by Postmates or If it's -- When you say "you don't get anything," you mean the 10 A. 11 or 30 minutes the driver gets half, just the base rate. 12 it's over half an hour, the driver gets the full base rate. 13 Q. 14 you understand Postmates was accusing you of? 15 A. That I would wait for extra time before calling it in. 16 Q. So that you could get the -- the payment, either half 17 payment or the full payment? 18 A. Yes. 19 Q. Did you think -- did you think that was a fair accusation? 20 A. No, I definitely didn't. 21 Q. Why not? 22 A. Because I provided them in an email, like written 23 evidence, that that wasn't true and -- 24 Q. Well, so -- 25 A. And I -- The driver doesn't receive anything. Okay. If it's between 15 And if So, again, just to put this in context, what did 406 LAWSON - REDIRECT / LISS-RIORDAN 1 Q. 2 Trial Exhibit 1431? 3 (Brief pause.) 4 Q. 5 Let's go to, in the defendant's binder can you open to Is it not in that one? (Whereupon document was tendered to the witness.) 6 Q. 7 with Postmates? 8 A. 9 Okay. Do you recognize 1431 as an email exchange you had Yes. MS. LISS-RIORDAN: Okay. And this is an exhibit that 10 Grubhub had in its proffered Exhibit List, so plaintiff now 11 moves it into evidence. 12 THE COURT: 13 1431 admitted. (Trial Exhibit 1431 received in evidence) 14 BY MS. LISS-RIORDAN 15 Q. 16 to read the last email in the chain starting with "Hello, 17 Mr. Lawson." 18 A. 19 Okay. So let's go to the second page. I would like you (As read) "It has come to our attention that you have been 20 engaged in fraudulent activity on your Postmates 21 account. 22 have accepted delivery requests for merchants that are 23 closed or about to close, waited 30 minutes or more 24 without moving, and informed Job Support that the 25 merchant was closed and received a payout despite no Specifically, on more than one occasion you 407 LAWSON - REDIRECT / LISS-RIORDAN 1 effort on your part to complete the delivery. 2 result, Postmates is deactivating your account from 3 the date of this letter forward. 4 your participation in our service." 5 Q. 6 Okay. As a We have terminated That's fine. So the incident in question or the issue in question was 7 that they were -- they were -- were they referring to orders 8 that you were given for restaurants that were closed? 9 A. Yes. 10 Q. Okay. 11 first page, and I would like you to read your response. 12 A. 13 So let's go to your response. Let's go to the (As read) "Hi, Postmates. Is there any way to appeal this 14 decision? 15 was accurate. 16 my part to complete the delivery, as oftentimes I was 17 looking for a substitute location with a customer. 18 you can reference in one of my Yard House orders from 19 January, JS" -- which is Job Support -- "wouldn't let 20 me cancel an order where the location was closed and 21 had me track down a substitute location instead, even 22 though that was against policy on their part and the 23 order should have been canceled." 24 25 Q. I don't believe the description or decision Okay, wait. I wouldn't say there was no effort on As So slow down for a minute. So was it your understanding that Postmates' policy was 408 LAWSON - REDIRECT / LISS-RIORDAN 1 that if an order came in from a restaurant that was closed, 2 that Postmates was supposed to catch that? 3 A. Yes. 4 Q. Okay. 5 to catch whether an order came in for a restaurant that was 6 closed? 7 A. So, again, you didn't understand that was your job No. 8 MS. MARYOTT: 9 THE COURT: 10 BY MS. LISS-RIORDAN 11 Q. Okay. 12 A. (As read) Objection. Leading. Sustained. Now, go ahead and read the next paragraph, please. 13 "As I stated in prior emails, oftentimes Job 14 Support would take at least 20 minutes to respond to a 15 flag I raised. 16 well over an hour. 17 and why should I waste gas moving while I can't accept 18 any other orders?" One night this past week it took them The wait times weren't my fault 19 Q. 20 whole thing, but skip down. 21 actually, yeah. 22 A. Okay. All right. I'm not going to have you read the Go to the next page and -- well, Read the paragraph starting "other couriers." (As read) 23 "Other couriers have openly stated that they have 24 canceled in this fashion and received no consequences. 25 Why am I being targeted?" 409 LAWSON - REDIRECT / LISS-RIORDAN 1 Q. Continue. 2 A. (As read) 3 "If it's such a bad thing, why was I being sent 4 orders from closed locations in the first place? 5 Would Postmates rather I receive nothing for my time 6 and gas wasted on bogus orders that should have been 7 screened before coming to me?" 8 Q. Read the next sentence. 9 A. (As read) 10 "I believe this decision was made in retaliation 11 because of ethical issues I've had with Postmates in 12 the past and would please like to appeal it. 13 Raef Lawson." 14 Q. 15 terminated you? 16 A. 17 brought up yesterday. 18 up other ethical issues. 19 Q. 20 Postmates? 21 A. Yes. 22 Q. Okay. 23 read some excerpts to you from your deposition. 24 25 Thanks, So, Mr. Lawson, why did you think that Postmates I had filed a wage claim with the Labor Commissioner, as And as the email referenced, I brought Did you do anything with respect to your termination from I filed a retaliation complaint. Thank you. Yesterday during your cross Ms. Maryott MS. LISS-RIORDAN: (Brief pause.) Just one moment. 410 LAWSON - REDIRECT / LISS-RIORDAN 1 BY MS. LISS-RIORDAN 2 Q. Okay. I'm going to show you Page 130 of your deposition. 3 MS. LISS-RIORDAN: 4 THE COURT: 5 May I approach? You may. (Whereupon document was tendered to the witness.) 6 BY MS. LISS-RIORDAN 7 Q. 8 Maryott read Line 14 through 22, which I'll just read briefly 9 for context? 10 So just to refresh everyone's recollection, I believe Ms. MS. MARYOTT: Your Honor, improper. 11 ask him a question, I think. 12 THE COURT: 13 MS. LISS-RIORDAN: I mean, she can I think you can ask him a question. Okay. 14 BY MS. LISS-RIORDAN 15 Q. 16 notified Grubhub at any point that you believed your 17 relationship was something other than an independent contractor 18 relationship? 19 A. Yes. 20 Q. Okay. 21 she asked: Do you remember Ms. Maryott asking you whether you Did you -- and in your deposition testimony when 22 "QUESTION: 23 and notify them that you believe the relationship had 24 changed?" 25 Your answer was no? Did you ever contact a person at Grubhub 411 LAWSON - REDIRECT / LISS-RIORDAN 1 A. Right. 2 Q. Okay. 3 4 THE COURT: cross examination yesterday was yes, that he had. He testified at his -- he said: At my deposition I did say I thought I had. 9 And then she impeached him by showing that actually at his 10 deposition he had said no. 11 MS. LISS-RIORDAN: 12 He doesn't get to read it. Maybe you can ask him why the answer initially on his 7 8 No, no, no. If you want, you can ask him why the answer was no. 5 6 Then I'm going to ask you to read Lines 23 -- Okay. And I'm going to rehabilitate him with the next lines of his deposition. 13 THE COURT: 14 MS. LISS-RIORDAN: Well, ask him why he said no. Okay. 15 BY MS. LISS-RIORDAN 16 Q. And why did you say no? 17 A. Oh, they would have deactivated me in a second. 18 Q. Is that what you said -- 19 20 MS. MARYOTT: I'm going to move to strike. It lacks foundation. 21 THE COURT: Well, that's his explanation for why he 22 did it. 23 BY MS. LISS-RIORDAN 24 Q. 25 by Ms. Maryott "How do you know that," why did you -- what was Overruled. Okay. Going on to Page 131 of your deposition, when asked 412 LAWSON - REDIRECT / LISS-RIORDAN 1 your reason for why you knew that? 2 3 THE COURT: Don't read the answer. So just answer the -- just ask him why. 4 MS. LISS-RIORDAN: Okay. 5 BY MS. LISS-RIORDAN 6 Q. 7 told them that you believed you were actually an employee and 8 not an independent contractor? 9 A. 10 Why did you believe that you would be terminated if you Is it okay to read my response or -THE COURT: No. Just answer it. 11 A. 12 thing you could have done. 13 people for no reason . Oh, like I said, that would have been probably the worst 14 MS. MARYOTT: 15 THE COURT: 16 BY MS. LISS-RIORDAN 17 Q. Okay. At that point they were firing Objection. Lacks foundation. Overruled. Thank you. 18 But, Mr. Lawson, you did inform Grubhub that you thought 19 you had been misclassified as an independent contractor while 20 you were working there, didn't you? 21 A. Yes. 22 Q. What did you do? 23 A. I filed this lawsuit. 24 Q. Yes. 25 Thank you. So coming back again to the issue of Ms. Maryott had 413 LAWSON - REDIRECT / LISS-RIORDAN 1 pointed out in your questioning yesterday regarding various 2 times that you -- from Grubhub's records it appears that you 3 were paid for a shift even though you didn't get any orders on 4 it. Do you remember that? 5 A. Yes. 6 Q. Okay. 7 A. Defendant's or plaintiff's? 8 Q. Plaintiff's, yes. 9 10 I'd like you to open to Exhibit 42? Do you see -- MS. LISS-RIORDAN: This was an exhibit that Grubhub had no objection to, so plaintiff moves it into evidence. 11 THE COURT: 12 42 admitted. (Trial Exhibit 42 received in evidence). 13 BY MS. LISS-RIORDAN 14 Q. 15 "Copy of Hours Adjustments Request Responses." 16 that, at the very top. 17 A. Yes. 18 Q. Okay. 19 the document, but let me just ask you if you -- do you remember 20 January 1st, 2016, New Years Day? 21 A. Roughly, yes. 22 Q. Okay. 23 you were paid for a shift, but you didn't have any orders? 24 A. Yes. 25 Q. Okay. Okay. So do you see at the top of this chart it's titled Do you see I want you to go down to -- well, I can pull out Do you remember if January 1st, 2016 was a day that Now, look on this chart at January 1st, 2016. And 414 LAWSON - REDIRECT / LISS-RIORDAN 1 can you read for me what's in the "Comments" section over to 2 the right, the section with text? 3 A. (As read) 4 "Please remove entire block. 5 I didn't sign up for this shift, but When I Work is saying I did." 6 Q. 7 New Years Day? 8 A. I didn't think I was. 9 Q. Well, do you remember whether -- well, it says here: So do you remember whether you were scheduled to work on 10 I didn't sign up for a shift. "Please remove my block. 11 the shift." 12 Oh, oh, I see. I didn't sign up for And so -- 13 A. I didn't, is what I'm saying. 14 Q. Okay. 15 have you signed up for a shift even though you hadn't signed up 16 for it? 17 A. Yes, I did. 18 Q. So did you work that day, to your memory? 19 A. No, I didn't. 20 Q. I believe Ms. Maryott was asking you various questions 21 yesterday, seeming to inquire whether you were seeking to be 22 paid for hours that you hadn't actually worked. 23 remember that? 24 A. Yes. 25 Q. Okay. And so did you notify Grubhub that it appeared to Do you Take a look at the entry for January 20th. Can you 415 LAWSON - REDIRECT / LISS-RIORDAN 1 go over to the right and read to me what the comments say 2 there? 3 A. "I clicked on the link..." (As read) 4 "I clicked on the link Patricia Bester sent out 5 mid delivery and now I can't access Grubhub any more. 6 Please change the block from 5:00 to 5:45 p.m. instead 7 of 5:00 to 9:00 p.m." 8 Q. Do you remember something that request to Grubhub? 9 A. Yes. 10 Q. Do you remember what you were -- or why you sent that 11 request? 12 A. 13 access the app any more. 14 Q. 15 wouldn't get paid for three hours that you weren't going to be 16 working? 17 A. Yes, I did. 18 Q. Go up a couple of lines to January 13th. 19 the comments for me on that date? 20 do you see that? 21 A. Is that 1094? 22 Q. No, I'm sorry. 23 Exhibit 42. 24 A. Oh, okay. 25 Q. Okay. I believe because what I said about not being able to So were you asking Grubhub to correct its records so you And can you read "12:30 to 2:00 p.m. shift," We're still on the same chart. Go back to So on Exhibit 42 look at the line for January 13th, 416 LAWSON - REDIRECT / LISS-RIORDAN 1 and over on the right read the comments starting with "12:30 to 2 2:00 p.m. shift"? 3 A. (As read) 4 "12:30 to 2:00 p.m. shift should be extended to 5 2:40 p.m. because I got order right before end of 6 shift and dispatch gave me the okay to do it." 7 Q. Do you remember what that meant? 8 MS. MARYOTT: 9 THE COURT: Objection. Lacks foundation. Overruled. 10 A. 11 that order or the hourly rate for that order if I completed it 12 before I went ahead and did it. 13 BY MS. LISS-RIORDAN 14 Q. Yes. I wanted to make sure that I would be paid for doing Okay. 15 And you said: "And dispatch gave me the okay to do it." 16 So did you ask dispatch if you could do it? 17 A. Yes, I believe so. 18 Q. Okay. 19 dispatch if you could do it? And did you understand that you needed to ask 20 MS. MARYOTT: 21 THE COURT: 22 A. 23 BY MS. LISS-RIORDAN 24 Q. 25 December 21st. Yes. Objection. Leading. Overruled. It was good to do that. Go up a couple of lines to -- well, let's look at I'm sorry. Stay on that same page. I'm still 417 LAWSON - REDIRECT / LISS-RIORDAN 1 on that same page. 2 A. All right. 3 Q. Go to December 21st and read for me the comments there, 4 "Started block at 6:00 p.m." 5 A. And this is the 1st, December 1st one, right? 6 Q. No. 7 A. Oh, December 21st. 8 December 21st. "Started block at 6:00 p.m. 9 Should be extended to 10:00 p.m. instead of 9:53 p.m. as it's listed 10 now." 11 Q. 12 been made? 13 A. 14 was working. 15 Q. 16 showed you as ending at 9:53 p.m., but you wanted to get credit 17 for the extra seven minutes until 10:00 p.m.? 18 that was about? Do you remember what was -- why that comment would have I believe it's because they ended my shift early while I Okay. And so you were indicating that Grubhub's records Is that what 19 MS. MARYOTT: 20 THE COURT: 21 BY MS. LISS-RIORDAN 22 Q. 23 column "Editor Full Name," can you read the comments in that? 24 A. 25 Okay. Objection. Leading. Sustained. And then over to the right it says -- under the (As read) "MN. Last delivery made at 9:46. No action 418 LAWSON - REDIRECT / LISS-RIORDAN 1 taken." 2 Q. 3 9:53 p.m. to 10:00 p.m. that day? 4 A. I don't remember. 5 Q. Okay. 6 comments in December 7th, "I worked until 11:30 p.m.?" 7 A. So did Grubhub -- to your memory, did they extend you from Okay. Go up to December 7th. Can you read the (As read) 8 "I worked until 11:30 p.m., but it says 9 11:15 p.m. I was never notified by dispatch or anyone 10 else they'd end my shift early and still haven't 11 been." 12 Q. 13 Grubhub kind of -- sorry -- strike that. 14 Okay. So was that type of communication you had to Was that a typical reason you would communicate with 15 Grubhub, that you were looking to have your pay adjusted for 16 various reasons? 17 A. Yes. 18 Q. Okay. 19 entry, under where it says "December 6, 2015." 20 the way to the right what it says under "Editor Full Name"? 21 A. "LH pay adjust." 22 Q. Okay. 23 these pay adjustment decisions? 24 A. No. 25 Q. Someone from Grubhub? From what I remember. And look at the right-hand column, just before that Do you see all So did you understand who it was who was making 419 LAWSON - REDIRECT / LISS-RIORDAN 1 A. Yes. 2 Q. Thanksgiving 2015, do you happen to remember whether you 3 worked Thanksgiving? 4 You can put that away now. We're done with that exhibit. 5 A. Okay. 6 Q. Do you remember anything about Thanksgiving? 7 A. From what I remember, that was the day that it was slow, 8 but they did send me one order. 9 Q. And did you do that order? 10 A. No. 11 app when I got there, the order was missing. 12 called in, they told me it had been canceled without notifying 13 me. 14 Q. 15 for that day even though you didn't have orders? 16 A. I think so, to my recollection. 17 Q. Ms. Maryott asked you in her questioning yesterday about 18 whether you had a -- I think she used the word "tactic," to 19 avoid counting refusals to take an order against your 20 acceptance rate. 21 A. Yes. 22 Q. And I believe she asked you whether the tactic you used 23 was to request that the order be reassigned? 24 that? 25 A. I believe so. I drove to the restaurant and when I looked at the And later when I So was that a day -- to your recollection, were you paid Do you remember her asking you about that? Can you say that again, please? Do you remember 420 LAWSON - REDIRECT / LISS-RIORDAN 1 Q. 2 questions about whether you used the tactic of asking to have 3 orders reassigned as a way to avoid having your acceptance rate 4 affected? 5 A. Yes. 6 Q. And did you at times ask for reassignment? 7 A. Yes, I did. 8 Q. And was that a way that you could always get your 9 acceptance rate to not be affected? Sure. So do you remember Ms. Maryott was asking you Do you remember her asking you that? 10 A. 11 yesterday they did start counting reassignments as rejections. 12 Q. 13 rejections, when you called in to ask for a reassignment, did 14 you always get it reassigned? 15 A. No, I did. 16 Q. So was it up to Grubhub to decide whether you could get it 17 reassigned or not? 18 A. Yes, it was always up to Grubhub. 19 Q. Oh, Ms. Maryott asked you a question yesterday about a 20 question you were asked in your deposition about whether you 21 could calculate -- well, about the miles that you actually 22 drove for Grubhub. 23 A. Yes, I do. 24 Q. Okay. 25 deposition transcript in you said that you wouldn't have any At the beginning, but at some point, as I mentioned Okay. And before they started counting reassignments as Do you remember being asked about that? And I believe she read you a portion of your 421 LAWSON - REDIRECT / LISS-RIORDAN 1 way of knowing how to calculate the actual miles that you drove 2 rather than the miles that Grubhub indicated? 3 that? 4 A. That's true, yes. 5 Q. Okay. 6 your actual miles are? 7 A. Yes. 8 Q. Okay. 9 11 You testified on direct how you've estimated what And can you explain -- can you explain that? MS. MARYOTT: 10 Do you remember THE COURT: Objection asked and answered. Well, overruled. You can go ahead and answer it. 12 THE WITNESS: Okay. 13 A. 14 estimation. 15 straight line mileage. 16 get to the restaurant. 17 BY MS. LISS-RIORDAN 18 Q. 19 that Grubhub has listed for you in its records? 20 A. I believe it would be at least double. 21 Q. Okay. 22 answered what you did at your deposition? 23 A. 24 calculation. 25 Q. As I mentioned yesterday, it was just a general I used the calculation my actual mileage versus And then being paid from where I was to And in your estimation how would that compare to the miles Yes. Okay. And at your deposition do you recall why you At that time I didn't have time to do the So in your deposition did you mean you didn't have 422 LAWSON - REDIRECT / LISS-RIORDAN 1 an exact calculation? 2 MS. MARYOTT: 3 THE COURT: 4 BY MS. LISS-RIORDAN 5 Q. 6 actual exact calculation of the miles that you drove, that you 7 actually drove? 8 A. No, I hadn't. 9 Q. Okay. Okay. Objection. Leading. Sustained. At the time of your deposition had you done an And to this date have you done an item calculation 10 of the miles that you actually drove? 11 A. You mean, just to clarify actual not estimation, right? 12 Q. Well, right. 13 go back and calculate exactly what distance you drove? 14 A. No, not exactly. 15 Q. Okay. 16 A. Yes, it's an estimation. 17 Q. Okay. 18 Maryott was asking you a number of questions about the contract 19 that you had with Grubhub and I believe she asked you questions 20 about Grubhub's right to terminate your contract. 21 remember that? 22 A. Yes. 23 Q. Okay. 24 had the right to terminate the contract. 25 asking you about that? Have you -- have you filled out some way to So you -- you've estimated, is that accurate? You were asked yesterday in your questioning -- Ms. Do you And she also asked you questions about whether you Do you remember her 423 LAWSON - REDIRECT / LISS-RIORDAN 1 A. Yes. 2 Q. Well, let me ask you this: 3 you quit working for Grubhub if you wanted to? 4 A. 5 without notice. 6 Q. 7 Do you remember that? 8 A. Yes. 9 Q. Okay. Yes. To your understanding could To my understanding, I could quit at like any job, Mr. Lawson, Ms. Maryott showed you your resume yesterday. And I think she played a big point on your resume 10 that you had listed Loyola Marymount University with the dates 11 August 2012 to May 2015. 12 A. Yes. 13 Q. Why did you list 2012 to 2015 for Loyola Marymount 14 University on your resume? 15 A. 16 felt I was -- I was still part of the community. 17 Q. 18 program you had signed up for all the way to 2015? 19 A. No, I wasn't. 20 Q. Did you still have a student address at that time in 2015? 21 A. Yes, I did. 22 Q. On your resume you didn't list anywhere -- Ms. Maryott 23 pointed out you didn't list anywhere your work for Grubhub or 24 for Postmates or for Caviar or for any of these other gig 25 economy companies for that matter; is that right? Do you remember that? Well, I was still involved in various activities there and Were you -- were you still in the program, the only Did you list 424 LAWSON - REDIRECT / LISS-RIORDAN 1 any of them on your resume? 2 A. No, I didn't. 3 Q. Why didn't you list Grubhub on your resume, Mr. Lawson? 4 A. I was embarrassed. 5 Q. Why didn't you list any other of the gig economy work that 6 you had done on your resume? 7 A. 8 pay rent. 9 resume. They were low wage, low skilled jobs. I just did them to I wanted my professional skills highlighted on my 10 Q. 11 together a resume? 12 A. At that point it was for industry related jobs. 13 Q. Did you consider yourself a delivery business, Mr. Lawson? 14 A. No. 15 Q. If you did, do you think you would have put that on your 16 resume? 17 A. 18 What was the purpose of your resume? Yes. MS. LISS-RIORDAN: 19 Why had you put Just a moment. (Discussion held off the record between plaintiff's 20 counsel.) 21 BY MS. LISS-RIORDAN: 22 Q. 23 to December 6th. 24 damages potentially in this case. 25 A. Mr. Lawson, I want to talk about the week of November 30th Yes. That was the week that you have overtime Do you remember that week? 425 LAWSON - REDIRECT / LISS-RIORDAN 1 Q. 2 were on shift for Grubhub for 44.75 hours? 3 A. Yes. 4 Q. Can you tell us why you were signed up for so many hours 5 that week? 6 A. That was the week I was offered priority scheduling. 7 Q. Can you turn to Trial Exhibit 61? 8 A. (Witness examines document.) 9 Q. Do you see that? 10 A. Yes. 11 Q. I think this was introduced yesterday. 12 Okay. And do you remember that that is the week that you Is this the e-mail showing the week that you got the 13 priority schedule? 14 A. Yes. 15 Q. And, in fact, the third line down after it says "Hi, L.A. 16 driver," it says (reading): 17 "Set your schedule for November 30th to 18 December 6th." 19 Do you see that? 20 A. Yes. 21 Q. Okay. 22 that you signed up for those hours during the week you got 23 priority scheduling? 24 A. Because I could basically have my choosing. 25 Q. And Ms. Maryott went through with you that the weeks prior And why was it that you were able to -- why was it 426 LAWSON - REDIRECT / LISS-RIORDAN 1 to that week and the weeks after that week your average number 2 of hours was much less, more in the range of 20 hours more or 3 less. 4 A. Yes. 5 Q. Would you have wanted to work more hours those other weeks 6 if you had been able to? Do you remember that? 7 MS. MARYOTT: 8 THE COURT: 9 THE WITNESS: 10 part, definitely yes. 11 BY MS. LISS-RIORDAN: 12 Q. 13 you had no limit? Okay. Objection. Lacks foundation. Overruled. As far as I can remember, for the most So the week that you got the priority scheduling, 14 MS. MARYOTT: 15 THE COURT: Objection. Leading. Sustained. 16 BY MS. LISS-RIORDAN: 17 Q. 18 the weeks that you didn't have priority scheduling? 19 A. 20 for that many when it was just -- when I was just on the 21 regular scheduling. 22 Q. And why was that? 23 A. As I mentioned yesterday, they would just go so fast; 24 within seconds, if that. 25 Q. Was there any reason why you didn't have more hours during They -- it would be impossible for me to have signed up And if you had priority scheduling, were you limited in 427 LAWSON - REDIRECT / LISS-RIORDAN 1 the number of hours you could sign up for? 2 A. No. 3 MS. MARYOTT: 4 THE COURT: 5 THE WITNESS: 6 BY MS. LISS-RIORDAN: 7 Q. 8 Okay. Objection. Lacks foundation. Overruled. No, not from what I remember. So let's talk a little bit about that week. I'm going to ask you to open to Exhibit 11. 9 A. (Witness examines document.) 10 Q. And this was an exhibit that was admitted yesterday 11 entitled "Driver Pay Components." 12 A. Yes. 13 Q. Okay. 14 December 6th. 15 Do you see that? So let's go down to the week of November 30th to So November 30th, can you look at this chart and do you 16 see a column where it says "Deliveries Completed"? 17 A. (Witness examines document.) 18 Q. How many deliveries does it say you did on November 30th? 19 A. Seven. 20 Q. And how many deliveries did you do on December 1st? 21 A. Six. 22 Q. How many deliveries did you do on December 2nd? 23 A. Three. 24 Q. How many deliveries did you do on December 3rd? 25 A. Three. Yes. 428 LAWSON - REDIRECT / LISS-RIORDAN 1 Q. How many deliveries did you do on December 4th? 2 A. Three. 3 Q. How many deliveries did you do on December 5th? 4 A. Six. 5 Q. And how many deliveries did you do on December 6th? 6 A. Fifth -- or five. 7 Q. So, Mr. Lawson, do you remember whether you were working 8 for Grubhub during your shifts that week? 9 A. Yes, I do. 10 Q. Do you remember whether you did any deliveries for Caviar 11 or Postmates that week? 12 A. I don't think I did. 13 Q. Do you remember whether you got orders the whole time you 14 were on shift every day that week? 15 A. No, not always. 16 Q. Do you remember any particular times that you weren't 17 getting orders during that week? 18 A. Not the exact times, no. 19 Q. Okay. 20 Friday nights that week? 21 let me just ask you something. 22 Well, what if I were to ask you about Thursday and I know it's been a long time ago, but Do you remember what zone you were working in that week? 23 A. Yes. 24 Q. And would you describe whether your work was busy or not 25 busy in South Bay? South Bay. 429 LAWSON - REDIRECT / LISS-RIORDAN 1 A. 2 so customers hadn't -- had just started using the app in that 3 area. 4 Q. 5 South Bay that you had some downtime like you talked about? 6 A. Yes. 7 Q. And do you recall what you did during your downtime when 8 you were working in the South Bay zone? 9 A. For the most part I was in a parking lot in a plaza. 10 Q. Okay. 11 parking lot in the plaza? 12 A. 13 I'd go into the grocery store. 14 Q. Did you stay near your car? 15 A. Yes, I did. 16 Q. Do you remember whether you were in that parking lot 17 waiting for shifts -- I'm sorry -- waiting for orders? 18 A. Yes, I was. 19 Q. During that week, any evenings that week? I would say it was slower because it was still a new area, So were there times when you were doing the shifts in And what were you doing when you were in the Just waiting around to where if I -- or if I got called, 20 MS. MARYOTT: 21 MS. LISS-RIORDAN: 22 THE COURT: 23 MS. LISS-RIORDAN: Objection. Okay. Leading. All right. Sustained. 24 Q. 25 orders during that week? All right. Do you remember if you requested or got reassignments of 430 LAWSON - REDIRECT / LISS-RIORDAN 1 A. 2 I don't know offhand. MS. LISS-RIORDAN: Okay. Your Honor, I have a 3 demonstrative exhibit that I sent to Grubhub's counsel earlier 4 which summarizes several trial exhibits, 15 and 12, which I 5 believe are already in evidence or they were not objected to, 6 and then Grubhub's Exhibit 1020, which contains delivery times. 7 So Grubhub offered this as an exhibit. 8 up this demonstrative to the Court. 9 THE COURT: 10 11 All right. MS. LISS-RIORDAN: So I would like to hand Are 15 and 12 in evidence? I don't -- they were not objected to. 12 THE CLERK: 12 is in. 13 THE COURT: 12 is in. 14 MS. MARYOTT: 12 is in. I don't believe 15 is in, 15 Your Honor, but we have no objection, but we do object to this. 16 We received it this morning at 4:17 a.m. 17 Court is going to allow it, then there won't be any issue if we 18 send late demonstratives too. 19 THE COURT: 20 Well, I mean, this is a demonstrative. is not evidence, not part of the record. 21 MS. LISS-RIORDAN: 22 THE COURT: 23 I suppose if the Okay. It's essentially argument. I hope you didn't get it at 4:17 in the morning. 24 MS. MARYOTT: 25 MS. LISS-RIORDAN: I was still asleep. Some of us were still sleeping. It 431 LAWSON - REDIRECT / LISS-RIORDAN 1 May I approach, Your Honor? 2 THE COURT: 3 You may. Is 1020 in evidence? 4 MS. LISS-RIORDAN: That was what I just said. Grubhub 5 has it listed on their exhibit list, so I now would like to 6 move 1020 into evidence. 7 THE COURT: 8 9 1020 is admitted. (Trial Exhibit 1020 received in evidence) BY MS. LISS-RIORDAN: 10 Q. 11 this demonstrative summarizing these underlying exhibits is an 12 attempt to depict in dark the times you were actually doing 13 deliveries and the light blue is depicting the times you were 14 signed up for the shifts. 15 So, Mr. Lawson, I know it's been a long time ago, but what So does this depiction seem -- just based on looking at 16 it, do you have any reason to see this as accurate or not 17 accurate or -- 18 THE COURT: 19 MS. LISS-RIORDAN: 20 THE COURT: 21 I don't think he has any reason. I mean, this is something if you want to use in closing, I think you use in closing. 22 MS. LISS-RIORDAN: 23 THE COURT: 24 MS. LISS-RIORDAN: 25 Okay. Okay. Sure. But he said he doesn't remember. Okay. That's fine. if you wanted me to at least ask him. I didn't know 432 LAWSON - RECROSS / MARYOTT No. 1 THE COURT: 2 MS. LISS-RIORDAN: 3 THE COURT: 4 You can use it in closing. MS. LISS-RIORDAN: 6 It is Okay. Thank you. (Pause in proceedings.) 7 MS. LISS-RIORDAN: Just a moment, Your Honor. I believe I'm just about done. 9 (Pause in proceedings.) 10 MS. LISS-RIORDAN: 11 That's all I have for you. 12 THE WITNESS: 13 THE COURT: 14 Thank you. argument. 5 8 Okay. Okay. Thank you, Mr. Lawson. Thank you. Why don't we take our morning break, and we'll resume with any recross at 10:00 a.m. 15 MS. MARYOTT: Thank you. Thank you, Your Honor. 16 (Recess taken at 9:42 a.m.) 17 (Proceedings resumed at 10:02 a.m.) 18 THE COURT: Okay, Mr. Lawson. All right, Ms. Maryott, you may resume. 19 20 MS. MARYOTT: 21 Thank you, Your Honor. RECROSS-EXAMINATION 22 BY MS. MARYOTT: 23 Q. 24 first time you spoke with Ms. Liss-Riordan's firm about Grubhub 25 was after the summer of 2015. Mr. Lawson, you testified a little while ago that the Do you recall that? 433 LAWSON - RECROSS / MARYOTT 1 A. I believe it was during the summer 2015. 2 Q. So you did talk to Ms. Liss-Riordan's firm about Grubhub 3 specifically during the summer of 2015? 4 A. I believe it was Uber. 5 Q. I'm going to read from your deposition, page 211, lines 3 6 to 6 (reading): 7 "QUESTION: 8 "ANSWER: 9 one over the summer, and I asked if they were doing a 10 How did you know about Shannon's firm? Because I inquired about the Uber and Lyft Grubhub one." 11 A. That doesn't necessarily mean -- 12 Q. I didn't ask you a question, Mr. Lawson. 13 Sorry. You testified about glitches with the app that you claim 14 were happening. 15 perform services; correct? 16 A. I provided the phone? 17 Q. Yes. 18 A. Yes. 19 Q. Okay. 20 A. Yes. 21 Q. And the insurance? 22 A. Yes. 23 Q. Okay. 24 result of the phone you were using as opposed to the app; isn't 25 that right? You provided the phone that you used to And you provided the car as well? And so it's possible that any glitches were the 434 LAWSON - RECROSS / MARYOTT 1 A. As I said yesterday, it's possible. 2 Q. Sure. 3 you received an inquiry about whether or not you were available 4 and Grubhub wrote right back to you and said it was an error? 5 A. Yes. 6 Q. Okay. 7 that you didn't receive orders; isn't that right? 8 A. Yes. 9 Q. You were making that up, weren't you? 10 A. No. 11 Q. Okay. 12 ghost order? 13 A. Yes, they said. 14 Q. And in that same e-mail string that you were looking at 15 where we were talking about the so-called ghost orders, you 16 were given some tips by someone at Grubhub about how to avoid 17 missing deliveries; right? 18 A. Yes. 19 Q. Okay. 20 was based on the weekly acceptance rate. 21 the hourly minimum was a floor; correct? 22 A. I wouldn't necessarily take that word literally. 23 Q. So you didn't mean what you wrote? 24 A. For that word. 25 the e-mail. And isn't it true there were a few occasions when You talked about the ghost orders and your claim But Grubhub told you there was no such thing as a You also mentioned in that e-mail that the floor So you did agree that I was more focused on the other part of 435 LAWSON - RECROSS / MARYOTT 1 Q. You wrote (reading): 2 "When I called dispatch about it this morning, they 3 said that the floor was based on my weekly acceptance 4 rate." 5 That's the word you wrote. 6 A. That is the word I wrote. 7 Q. And that's the way you interpreted it? 8 A. I interpreted it as an hourly rate. 9 Q. And you did the minimum to get the minimum? 10 A. I did the maximum to get the minimum as I stated 11 yesterday. 12 Q. You did the maximum, that's your testimony, Mr. Lawson? 13 A. Well, when it came to acceptance rate, yes. 14 Q. You testified that you couldn't figure out the app for two 15 months. 16 Grubhub about that prior to October of 2015; correct? 17 A. I don't know when my written evidence was dated. 18 Q. Okay. 19 GH265, which is the last page of the exhibit. 20 You don't have any record of attempting to reach Let's pull it out. Exhibit 43. And let's go to And you see in the upper right-hand corner, Mr. Lawson, 21 this is dated October 25th, 2015; correct? 22 A. Yes. 23 Q. Okay. 24 Grubhub about any supposed issues about not being able to get 25 on WhenIWork; isn't it? And this is the first e-mail that you wrote to 436 LAWSON - RECROSS / MARYOTT 1 A. I don't remember offhand. 2 Q. You have no e-mails to prove otherwise? 3 A. No, I don't. 4 Q. You have no records? 5 A. No, I don't. 6 Q. No text messages? 7 A. No, I don't. 8 Q. This was the first time you contacted them, wasn't it? 9 A. I really don't remember. 10 Q. Now, on the prior page you talked about Danielle Karlin's 11 response where she said -- or Daniel, I'm sorry -- where he 12 said (reading): 13 "I am sorry that it has been hard to pick up a proper 14 schedule over the last few weeks, and I completely 15 understand your frustration." 16 That's just good customer service, isn't it, Mr. Lawson? 17 A. She's being polite. 18 MS. LISS-RIORDAN: 19 THE COURT: Objection. Calls for speculation. Sustained. 20 BY MS. MARYOTT: 21 Q. 22 inconvenience? 23 A. Yes, she is. 24 Q. And also tells you there will be more blocks released? 25 A. (Witness examines document.) Well, so she's telling you that she apologizes for any Yes, it does. 437 LAWSON - RECROSS / MARYOTT 1 Q. Yet you claim you couldn't get them? 2 A. At that point, no, I could not. 3 Q. But, if anything, your writing in on October 25 shows that 4 you could have gotten on the app prior, you could have written 5 earlier? 6 MS. LISS-RIORDAN: 7 THE COURT: 8 THE WITNESS: 9 Objection. Calls -- Overruled. I don't know for sure that I didn't. BY MS. MARYOTT: 10 Q. 11 I'd like you to look at the last page and the sentence that 12 starts with the word "While." 13 Okay. I'd like to turn your attention to Exhibit 62. This is the e-mail you wrote to Grubhub; right, 14 Mr. Lawson? 15 A. Yes. 16 Q. Okay. 17 A. (reading) 18 Can you read that sentence, please? "While we're independent contractors, dispatchers 19 must be honest about the terms of the deliveries we 20 accept." 21 Q. 22 conversation with Sophie, does it? 23 A. The e-mail or that sentence? 24 Q. This whole e-mail makes no reference to an actual 25 conversation with Sophie? Now, this e-mail doesn't say anything about an actual And 438 LAWSON - RECROSS / MARYOTT 1 A. I can't see the whole e-mail. 2 Q. Oh. 3 It's Exhibit 62 if you want to look at the paper copy. 4 A. 5 least a couple times. 6 Q. But you didn't actually talk to Sophie. 7 A. Oh. 8 name somehow. 9 Q. But you don't actually remember talking to Sophie, do you? 10 A. I'm pretty sure someone at dispatch told me it was her. 11 Q. But there's no reference, you'd agree with me, in this 12 e-mail about an actual conversation with a live person; is that 13 right? 14 A. I don't know. 15 Q. Go ahead. 16 A. (Witness examines document.) 17 conversation with Sophie, but it was her that assigned me the 18 first order. 19 Q. Fair enough. 20 A. It was the second dispatcher that I had the conversation 21 with. 22 Q. 23 dispatcher either. 24 A. It just references one, yes. 25 Q. Okay. Sorry. Well, you have it in the binder in front of you. (Witness examines document.) I'm seeing Sophie's name at Do I have the right one? I -- I did talk to someone there and I got Sophie's I'd have to reread the whole thing. I'm not sure I'm saying the I think that's what I'm talking about. It doesn't say anything about a conversation with a second It just references one; isn't that right? Let me ask you about the first paragraph. You note 439 LAWSON - RECROSS / MARYOTT 1 here that the order was 8 miles, over 20 minutes away. 2 see that? 3 A. (Witness examines document.) 4 Q. And so your estimate was in L.A. 8 miles would take about 5 20 minutes? 6 MS. LISS-RIORDAN: Do you Yes. Your Honor, I'm going to object. 7 This goes beyond the scope of what this exhibit was used for in 8 redirect. 9 THE COURT: No, no. 10 MS. LISS-RIORDAN: 11 THE WITNESS: Overruled. Okay. At that time of night it was -- I don't 12 remember the exact time if it says, but it was between 9:00 and 13 11:30 at night. 14 10:00 p.m. the road is clear in L.A. usually. 15 during the day. 16 BY MS. MARYOTT: 17 Q. So at night the roads there's less traffic? 18 A. Yes. 19 Q. Okay. 20 20 minutes to go 8 miles? 21 A. 22 then. 23 Q. 24 where the deliveries were when you saw them on the app. 25 that was wrong; right? There's maybe -- at least till 9:00, but after That's not And that was your estimate, it would take you about I don't know how fast to go but, yes, that was my estimate Uh-huh. Now, you testified earlier that you didn't know So 440 LAWSON - RECROSS / MARYOTT 1 A. 2 had to call in -- I had accepted it, seen what it was. 3 point I could. 4 Q. 5 was before you accepted? 6 A. No, I didn't, as I'm saying. 7 Q. Okay. 8 A. It was after I accepted it both times. 9 Q. Okay. 10 A. I had done the order and this is after I'd completed the 11 order, so I knew the details. 12 Q. 13 No, no, it wasn't. I had obviously accepted it before I At that So you're claiming that you didn't know where the delivery Fair enough. Now, your counsel asked you again about the "reject" 14 button, but you testified previously that you could reject 15 orders, didn't you? 16 A. 17 rejects. 18 Q. 19 could reject orders, didn't you? 20 A. Can you refresh my memory, please? 21 Q. I'd be happy to read from your deposition, Mr. Lawson. 22 Page 128 -- 23 A. 24 saying that. 25 Q. By -- I don't remember, and timing out did count as But you admitted in your deposition and yesterday that you Can you do it with the testimony, too? I don't remember I'm going to read from Mr. Lawson's testimony starting at 441 LAWSON - RECROSS / MARYOTT 1 page 128, line 22 (reading): 2 "QUESTION: 3 right? 4 "ANSWER: 5 the other things I mentioned before. 6 "QUESTION: 7 right? 8 "ANSWER: 9 "QUESTION: You were free to reject those orders; Technically; but as I said, it risked all of But you were free to reject those orders; They wouldn't kill me if I did, no. So the answer is yes? 10 "ANSWER: 11 You couldn't reject the order affirmatively without a Yeah, I suppose." 12 "reject" button, Mr. Lawson, could you? 13 A. Like I said, if it timed out, it was a reject. 14 Q. You couldn't reject an order affirmatively without a 15 "reject" button, could you? 16 A. 17 add the "reject" button while I was there, but it wasn't on 18 when I was first there. 19 when I was there. 20 Q. 21 around your car while you were waiting for offers; isn't that 22 right? 23 A. Yes, generally. 24 Q. And sometimes you'd be at home? 25 A. I would still be in or around my car if so. Well, also like I said yesterday, I don't know if they did They did update the app at some point Now, Mr. Lawson, you testified that you would stay in or 442 LAWSON - RECROSS / MARYOTT 1 Q. Okay. 2 A. Same response. 3 Q. And you talked a lot about January 1. 4 that you dropped a block on January 1; correct? 5 A. Yes. 6 Q. But you only dropped the first block, didn't you? 7 A. I don't remember. 8 Q. So your testimony is that on January 1, you dropped your 9 block and you got paid for it? Sometimes you'd be over at Loyola? You're claiming 10 A. 11 happened after that. 12 Q. 13 January 1, the guarantee. 14 A. 15 me. 16 Q. 17 me even though I dropped the block and didn't do any work"; 18 isn't that right? 19 A. 20 I automatically assumed that it was on them to take care of the 21 payment. 22 Q. 23 "You paid me for work I didn't do"? 24 A. No, not in those words, I did not. 25 Q. You didn't do it at all? My testimony is I dropped the block. I don't know what But you testified yesterday that you got paid for If I did, I did; but I tried to drop it, so that wasn't on Okay. And you didn't contact Grubhub and say, "You paid I contacted them and told them that I dropped the block. So the answer is, no, you didn't contact Grubhub and say 443 LAWSON - RECROSS / MARYOTT 1 A. I -- I don't remember. 2 Q. I want to talk a little bit about Postmates. 3 Postmates, you were waiting too long in your car before you 4 would go to do the delivery; isn't that right? 5 A. I don't know about those exact words. 6 Q. Okay. 7 right? 8 offer, you were sitting and waiting until the store or 9 restaurant closed, and then you told them the order was According to Well, you testified about it a few minutes ago; So what you were doing was, you were accepting an 10 canceled; right? 11 A. That was too much. 12 Q. Sure. 13 was you would accept an offer close to the time that the 14 restaurant or store would close, you would sit in your car, and 15 then you would claim that the order was canceled because the 16 restaurant was closed; isn't that right? 17 A. That's what they alleged I think. 18 Q. You did it dozens and dozens of times, didn't you? 19 A. I don't remember. 20 Q. You wrote in constantly to Postmates telling them "You owe 21 me more money for these canceled orders"; didn't you? 22 A. I wouldn't say constantly, but there were some definitely. 23 Q. You stayed up until all hours of the night writing e-mails 24 to Postmates about these supposed cancellations, didn't you? 25 A. Can you repeat it, please? So what you did with Postmates on many occasions I don't remember offhand. 444 LAWSON - RECROSS / MARYOTT 1 Q. 2 just like you figured out how to game the system with Grubhub, 3 didn't you? 4 A. 5 mistake and I gave details why. 6 Q. So you figured out how to game the system with Postmates Again, you heard my testimony earlier. I believe it was a How many of the other apps did you defraud, Mr. Lawson? 7 MS. LISS-RIORDAN: 8 THE COURT: 9 MS. MARYOTT: Objection. Sustained. Withdrawn. 10 Q. 11 write into Grubhub and request an extension of your block. 12 you recall that testimony a little while ago? 13 A. Yes. 14 Q. Okay. 15 the time you clicked that the delivery was completed; correct? 16 A. I don't remember. 17 Q. You don't remember? 18 A. I'm not sure what you're referencing. 19 Q. What I'm referencing is you would write into Grubhub and 20 say, "Can you please extend my block because the time went 21 over? 22 A. Yes, that's correct. 23 Q. And you controlled when the delivery button would be 24 clicked, didn't you, Mr. Lawson? 25 A. You were testifying about occasions on which you would Do And you were asking for pay adjustments based on Sorry. It took me longer to do the delivery"; right? Not always. As I mentioned yesterday, sometimes they 445 LAWSON - RECROSS / MARYOTT 1 would mark it as delivered before I pressed it. 2 Q. Really? 3 A. I wrote in about that. 4 Q. Okay. 5 deliveries and you would click the button long after the block 6 had ended, even though you had completed the delivery, in order 7 to get more money out of Grubhub? 8 A. I don't remember that. 9 Q. But you can't say it didn't happen? 10 A. I don't know. 11 Q. So you're not denying it? 12 A. I can't do anything. 13 Q. You testified that Grubhub started counting reassignments 14 as rejections, but you don't know when that happened; right? 15 A. No, I don't. 16 Q. Okay. 17 you requested reassignments. 18 A. When was this? 19 Q. Just a few minutes ago. 20 A. I think so. 21 Q. Okay. 22 in for reassignments of orders after you had accepted them; 23 isn't it true? 24 A. I don't remember. 25 Q. Okay. Isn't it true, Mr. Lawson, that you were holding I really don't know. And your counsel asked you about January 20 when Do you recall that testimony? And you were sitting at home on January 20 calling Do you believe that might be true, Mr. Lawson? 446 LAWSON - RECROSS / MARYOTT 1 A. I don't know. 2 3 MS. MARYOTT: exhibit. Your Honor, I'm going to present a new I'm going to show it to counsel. 4 MS. LISS-RIORDAN: 5 MS. MARYOTT: 6 7 Can I see it first? Yes. And I will tell the Court it has not previously been produced. 8 It's being used for impeachment. May I approach the witness, Your Honor? 9 THE COURT: 10 Well, what is it? MS. MARYOTT: It is a heat map that shows that 11 Mr. Lawson was primarily at his house on January 20. 12 down below Manchester Ave. 13 THE COURT: 14 MS. MARYOTT: You see That's Mr. Lawson's house. But how is this created? This is something that Grubhub created 15 from business records it kept in the ordinary course of 16 business. 17 Your Honor perhaps better than I can. 18 phones to make sure the system was working properly. 19 20 The data from -- someone will explain this to THE COURT: Okay. There were pings to I'm not going to admit it now since this person will be here, but you can show it to Mr. Lawson. 21 MS. MARYOTT: 22 Q. Okay. 23 cross-streets 24 house is; right? 25 A. Thank you, Your Honor. Mr. Lawson, I would like you to look at the Around that area. . That's where your 447 LAWSON - RECROSS / MARYOTT 1 Q. 2 January 20, you were sitting at your house accepting offers and 3 calling in to have them reassigned? 4 A. No, it doesn't. 5 Q. You testified a bit earlier about the week of 6 November 30th, and you testified in conjunction with that that 7 you would sit in your car in a parking lot. 8 testimony? 9 A. The ones earlier today? 10 Q. That you were talking about earlier. 11 A. That's -- oh, I said I had -- I said during the downtime I 12 had, that's what I did the most from my memory, yes. 13 Q. 14 to post about on Twitter; correct? 15 A. It's possible. 16 Q. You'd call your friends? 17 A. I don't remember, but it's possible. 18 Q. You might even go off and do personal errands? 19 A. I don't remember. 20 Q. I'm going to read a passage from your deposition that is 21 relevant to that week, Mr. Lawson, at page 165, line 23 22 (reading): Right. Okay. So does that refresh your memory that on Do you recall that That's the priority week? And you would also read online looking for things 23 "QUESTION: 24 6:50 and 9:23 on December 2nd? 25 "ANSWER: Okay. What were you doing between I don't remember. 448 LAWSON - RECROSS / MARYOTT 1 "QUESTION: 2 "ANSWER: 3 "QUESTION: 4 doing between 6:50 and 9:23 on December 2nd, 2015? 5 "ANSWER: Do you have any idea? No. How would we figure out what you were I don't know." 6 MS. MARYOTT: 7 MR. MANTHRIPRAGADA: 8 MS. MARYOTT: 9 10 I pass the witness, Your Honor. Michele? Oh, I'm sorry. (Pause in proceedings.) MS. MARYOTT: Your Honor, I would like to move into 11 evidence -- I'm not going to continue with Mr. Lawson and have 12 him show you all these e-mails to Postmates, but I would like 13 to move Exhibits 1371 to '76 into evidence. 14 THE COURT: 15 MS. MARYOTT: 16 THE COURT: 17 MS. LISS-RIORDAN: 1371 to 1376? Yes. Okay. Is there any objection? I object to this whole minitrial on 18 what happened with Postmates isn't relevant; but given that 19 it's already come in, I don't object. 20 21 22 23 THE COURT: Okay. Admitted. (Trial Exhibits 1371 through 1376 received in evidence) MS. MARYOTT: Okay. I have a few other exhibits, 24 Your Honor, that are not -- we've touched on them, but they're 25 not admitted yet. I'd like to just quickly do that if I may. 449 LAWSON - RECROSS / MARYOTT 1 THE COURT: 2 MS. LISS-RIORDAN: 3 Your Honor. 4 about to happen. 5 6 Okay. Wait. I'm sorry, That happened quickly and I didn't know it was We also had made a hearsay objection. I understand that -- 7 THE COURT: 8 MS. LISS-RIORDAN: 9 Wait. To which one? To the Postmates exhibits. understand that Mr. Lawson's statements obviously are 10 nonhearsay, but Postmates -- 11 THE COURT: So the other ones are nonhearsay because 12 they give context to Mr. Lawson's statements. 13 offered for the truth. 14 they're saying about what he did. 15 is. 16 17 18 19 MS. MARYOTT: THE COURT: It could be completely untrue what It's just what his response Also Exhibit 1006 and 1007, which are Okay. Admitted. (Trial Exhibits 1006 and 1007 received in evidence) MS. MARYOTT: 21 THE COURT: 22 MS. MARYOTT: 23 THE COURT: 25 So they're not not objected to. 20 24 I And then 1026, 1032, 1033. And those are not objected to? That's right, Your Honor. All right. Admitted. (Trial Exhibits 1026, 1032, and 1033 received in evidence) 450 LAWSON - FURTHER REDIRECT / LISS-RIORDAN 1 MS. MARYOTT: 2 MS. LISS-RIORDAN: 3 Thank you. questions. 4 THE COURT: 5 MS. LISS-RIORDAN: 6 THE COURT: 7 MS. LISS-RIORDAN: 8 9 I have just a couple quick Okay. Thank you. Close. Yes. FURTHER REDIRECT EXAMINATION BY MS. LISS-RIORDAN: 10 Q. 11 showing this map on January 20th, do you see all the time 12 entries on the left-hand side? 13 A. Yes. 14 Q. Okay. 15 5:49 clocking out. 16 A. (Witness examines document.) 17 Q. It says "Last event for the day clocked out"? 18 A. Oh, yes. 19 Q. Okay. 20 showing you before, what we were discussing about January 20th 21 was that you were saying that you wanted to inform Grubhub that 22 you weren't working all the way till 9:00 o'clock so please 23 take you off the schedule until then so you don't get paid 24 extra hours? 25 Mr. Lawson, the paper that Ms. Maryott just handed you And it showed you at the very bottom at Do you see that? And do you remember on Exhibit 42 that I was Do you remember that? MS. MARYOTT: Objection. Leading. 451 LAWSON - FURTHER REDIRECT / LISS-RIORDAN 1 THE COURT: 2 THE WITNESS: Overruled. Oh, yes. That's right. 3 BY MS. LISS-RIORDAN: 4 Q. 5 conversation with Sophie or with possibly someone at Grubhub, 6 do you remember that? 7 A. Yes. 8 Q. Okay. 9 you just don't remember if it was Sophie or someone else? Okay. With respect to this reference in Exhibit 62 to the So is it your memory that you talked to someone, 10 A. Yes. 11 Q. And if you would look at Exhibit 62. 12 front of you? 13 A. (Witness examines document.) 14 Q. Okay. 15 marked Grubhub 303 at the bottom, if you look at the top 16 paragraph, you described you "accepted an order tonight under 17 false pretense by Sophie who lied to me and said there were no 18 other couriers to transfer it to." 19 A. Yes. 20 Q. And then if you go down to the bottom of that page, it 21 saying (reading): 22 Is that still in Yes. If you look at the second page, the page that's Do you see that? "She also promised me that if I accepted this order, 23 since it was a 20-mile round trip one that would make me 24 go two towns down for pickup then back up one for the 25 dropoff, that I'd get paid for an extra hour." 452 LAWSON - FURTHER REDIRECT / LISS-RIORDAN 1 Do you see that? 2 A. Yes. 3 Q. Okay. 4 someone that night? 5 A. Yes, I do. 6 Q. And you were asked just a minute ago about the gap in time 7 between when you signed up for Grubhub and then when you 8 started doing deliveries for Grubhub in late October. 9 remember that? So do you remember having a conversation with Do you 10 A. Yes. 11 Q. And you had testified that you had problems with the app 12 and problems getting on the schedule. 13 A. Yes. 14 Q. And then we looked at an exhibit where you actually wrote 15 into Grubhub in October and spelled out in writing the problems 16 you had been having. 17 A. Yes. 18 Q. And Grubhub wrote back to you and said, "We're so sorry 19 about all the problems you've been having over the few weeks. 20 We're just getting up and running, and we'll get these problems 21 fixed." Do you remember that? Do you remember that? Do you remember that? 22 MS. MARYOTT: 23 MS. LISS-RIORDAN: 24 THE COURT: 25 THE WITNESS: Objection. Argument. I'm summarizing just to be quick. Yeah, overruled. Yes, I do. 453 LAWSON - FURTHER REDIRECT / LISS-RIORDAN 1 BY MS. LISS-RIORDAN: 2 Q. 3 before that to try to get the app glitches figured out so you 4 could get on? 5 A. I imagine it's possible. 6 Q. Okay. 7 beginning of the recross about your contacting our firm. 8 Ms. Maryott didn't let you finish your answer, so I just want 9 to ask you what you remember about when you contacted our firm Okay. So is it possible that you had been calling Grubhub And then finally, Mr. Lawson, you were asked at the 10 in you said the summer of 2015. 11 contacted our firm? 12 A. I just remember it was only pertinent to Uber. 13 Q. Okay. 14 firm about Grubhub? 15 A. No, I don't. 16 Q. Do you remember whether it was before or after you started 17 working for Grubhub? And do you remember when you first contacted our 18 MS. MARYOTT: 19 THE COURT: 20 MS. LISS-RIORDAN: 21 What's your memory of why you Objection. Leading. He doesn't remember. Okay. Okay. No further questions. Thank you. 22 THE COURT: 23 MS. MARYOTT: 24 THE COURT: 25 THE WITNESS: Anything further? No, Your Honor. All right, Mr. Lawson, you may step down. Thanks, ma'am. 454 LAWSON - FURTHER REDIRECT / LISS-RIORDAN (Witness excused.) 1 2 3 THE COURT: Are you prepared to call your next witness? 4 5 All right. MS. LISS-RIORDAN: break? Can we take a short bathroom I'll just be very quick. 6 THE COURT: 7 MS. MARYOTT: 8 MS. LISS-RIORDAN: 9 MS. MARYOTT: 10 Yes. THE COURT: All right. Five minutes. Who is the next witness, please? T.J. O'Shae. Thank you. All right. Five minutes. 11 (Recess taken at 10:32 a.m.) 12 (Proceedings resumed at 10:37 a.m.) 13 THE COURT: 14 MS. LISS-RIORDAN: 15 THE COURT: 16 No. My witness. No, no, on that side. to wait for Ms. Maryott. 17 Whether we needed No, I understand. MS. LISS-RIORDAN: Yes, of course. (Pause in proceedings.) 18 19 20 This is Ms. Maryott's witness? THE CLERK: Can you please stand and raise your right hand? 21 T.J. O'SHAE, 22 called as a witness for the Plaintiff, having been duly sworn, 23 testified as follows: 24 THE WITNESS: 25 THE CLERK: I do. Can you please state your name and spell 455 O'SHAE - DIRECT / LISS-RIORDAN 1 your last name for the record? 2 THE WITNESS: 3 THE CLERK: 4 THE WITNESS: 5 Okay. It's T-J O-S-H-A-E, T.J. O'Shae. Thank you. You may be seated. Thank you. DIRECT EXAMINATION 6 BY MS. LISS-RIORDAN: 7 Q. Good morning, Ms. O'Shae. 8 A. Good morning. 9 Q. You just stated your name for the record already. Can you 10 tell the Court where you're from? 11 A. I currently live in Washington state. 12 Q. Okay. 13 trial? 14 A. Yes, I did. 15 Q. Have you been in the courtroom for any prior portions of 16 the trial? 17 A. No, I have not. 18 Q. So did you see the opening statements? 19 A. No, I did not. 20 Q. Did you hear the testimony of Mr. Lawson, the plaintiff in 21 this case? 22 A. No, I did not. 23 Q. Have you ever met Mr. Lawson? 24 A. No. 25 conversation. Where do you live? And did you fly here for this -- to testify in this I met him briefly and said hello to him, but not any 456 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. And, Ms. O'Shae, have you talked to me prior to today? 2 A. Yes, I have. 3 Q. I mean prior to right now. 4 A. Yes, I have. 5 Q. Okay. 6 A. You had some questions for me regarding my tenure at 7 Grubhub, and I answered those questions. 8 Q. 9 testifying in this trial? And just generally, what did you talk to me about? How do you feel about being here today in this courtroom 10 A. It's a little nerve-racking. 11 it. This is a hardship for myself and for my current existing 12 employer and team. 13 so I'm very much being missed at my current job. 14 Q. 15 and testify in this trial? 16 A. Okay. I'm kind of stressed about I have a very small team that I work with, So, yeah. But you were willing to come here and be a witness Yes, I was. 17 MS. MARYOTT: 18 THE COURT: Objection. Leading. Overruled. 19 BY MS. LISS-RIORDAN: 20 Q. 21 were you willing to come here today and answer questions? Okay. If this is a hardship to you and to your work, why 22 MS. MARYOTT: 23 THE COURT: 24 THE WITNESS: 25 Objection. Relevance. Overruled. Because I felt that I, in talking with you and answering some of your questions, I had information 457 O'SHAE - DIRECT / LISS-RIORDAN 1 that needed to be stated. 2 BY MS. LISS-RIORDAN: 3 Q. Did you work for Grubhub at some point in time? 4 A. Yes, I did. 5 Q. When did you work for Grubhub? 6 A. It was September 2015 to February of 2016. 7 Q. And so you no longer work there? 8 A. No, I do not. 9 Q. Do you have friends who still work there? 10 A. I do. 11 Q. So how do you feel about testifying as a witness in this 12 case when you still have friends working at Grubhub? 13 MS. MARYOTT: 14 THE COURT: 15 MS. LISS-RIORDAN: Objection. Relevance. Sustained. Okay. 16 Q. 17 why did you stop working at Grubhub? 18 A. 19 to work at a different company doing something that would be a 20 new skill set for me; and I thought long and hard about the 21 opportunity, and I decided to go ahead and take it. 22 Q. 23 because you're a little far from the mic maybe. 24 A. I'm sorry. 25 Q. Can you move it down just a little? So you worked until February 2016. Can you tell us why -- I received a -- I was recruited and received another offer I just want to make sure that your voice is picking up 458 O'SHAE - DIRECT / LISS-RIORDAN 1 Did you leave your employment with Grubhub voluntarily? 2 A. Yes, I did. 3 Q. To your understanding, could you have continued to work 4 there if you had wanted to? 5 MS. MARYOTT: 6 THE COURT: 7 THE WITNESS: Objection. Calls for speculation. Overruled. I was actually -- when I gave my notice, 8 I was talked to by both my manager and his manager about an 9 upcoming managerial position that they asked me to apply for 10 and consider staying. 11 MS. MARYOTT: 12 Objection. Move to strike as nonresponsive. 13 THE COURT: Overruled. 14 BY MS. LISS-RIORDAN: 15 Q. 16 you were considering a possible promotion? Okay. So you were considering -- when you left Grubhub, 17 MS. MARYOTT: 18 THE COURT: 19 THE WITNESS: 20 BY MS. LISS-RIORDAN: 21 Q. 22 promotion? Objection. Leading. Overruled. Yes, I was. So why did you leave Grubhub if they were offering you a 23 MS. MARYOTT: 24 THE COURT: 25 THE WITNESS: Objection. Asked and answered. Overruled. The hours of the position were not 459 O'SHAE - DIRECT / LISS-RIORDAN 1 conducive to my life. 2 time off; and, again, it would just be doing something that I 3 had been doing most of my career, where the new job would give 4 me a different skill set and ability for growth I believed, 5 personal growth. 6 BY MS. LISS-RIORDAN: 7 Q. 8 against the company? 9 A. It was all nighttime hours, no weekend So when you left Grubhub, did you have any hard feelings No. I actually even recommended people to work there and 10 still did even up to a few months ago. 11 Q. 12 opportunity arose? Would you ever consider working again for Grubhub if the 13 MS. MARYOTT: 14 THE COURT: 15 MS. LISS-RIORDAN: Objection. Relevance. Sustained. Okay. 16 Q. 17 work at Grubhub, let me just ask you generally what kind of 18 work had you done prior to working for Grubhub? 19 A. 20 centers most of my career for the last 20-plus years. 21 been both frontline associate, lead worker, managers, 22 supervisors in call centers; some national organizations, some 23 smaller organizations. 24 Q. And what job did you have at Grubhub? 25 A. When I first started at Grubhub, I was a Customer Care So, Ms. O'Shae, before getting into the details of your I've worked in the customer service field in mostly call I have 460 O'SHAE - DIRECT / LISS-RIORDAN 1 representative working with the Chat and Text Group. 2 I moved on to Driver Care in January of 2016. 3 Q. 4 Grubhub? 5 A. I worked in the Chicago office. 6 Q. And can you -- well, let me ask you this to start: 7 your understanding, what is Grubhub? 8 A. Grubhub is a food ordering and delivery service. 9 Q. And you said that it's a delivery service. And then And where did you physically work when you worked for To Can you 10 explain what about it makes it a delivery service in your 11 understanding? 12 13 MS. MARYOTT: I'm going to object. It really lacks foundation. 14 THE COURT: 15 THE WITNESS: Overruled. She worked there. Overruled. So customers would use the website or 16 the app to order food from restaurants, and drivers would pick 17 up that order and deliver it to the diners. 18 BY MS. LISS-RIORDAN: 19 Q. 20 to take these orders and deliver them to the diners? 21 A. 22 would have to be drivers in that area. 23 Q. 24 we talk about markets, what does "market" refer to? 25 A. So was there a network of drivers who would be available In whichever market they were ordering food from, there Okay. And did you work with any particular cities? Well, certain cities don't have Grubhub. When Certain areas 461 O'SHAE - DIRECT / LISS-RIORDAN 1 don't utilize Grubhub delivery drivers. 2 other companies. 3 Driver Care, there were particular people that we heard from 4 more than once. 5 Q. 6 what I'm asking. 7 A. Okay. 8 Q. Do you know how many cities Grubhub had drivers working 9 in? 10 A. Several. 11 Q. Do you have any estimate of how many drivers Grubhub had? 12 A. No. 13 what I saw on the screens, hundreds, you know, that might be 14 active at any particular time or shift. 15 Q. 16 country? 17 A. Yes. 18 Q. Did that include in California? 19 A. Yes. Okay. Wait. But for the markets that I worked with with Let me put a new question just so you know I don't know the exact number. I don't have the full numbers. Okay. They utilize possibly I know that just from And were these drivers who were located around the 20 MS. MARYOTT: 21 THE COURT: Objection. Leading. Overruled. 22 BY MS. LISS-RIORDAN: 23 Q. Did that include in Los Angeles? 24 A. Yes. 25 Q. And did you interact with Grubhub drivers from 462 O'SHAE - DIRECT / LISS-RIORDAN 1 Los Angeles? 2 A. 3 to the most probably. 4 Q. So did you interact with drivers in a variety of markets? 5 A. Yes, I did. 6 Q. What markets did you interact with drivers in? 7 A. Chicago, Houston, Atlanta, New York whether it be Brooklyn 8 or Manhattan because they were separated that way. 9 Q. Yes, frequently. It was one of the markets that I talked Were you assigned to work with any particular groups of 10 drivers or was it just any drivers in the country that Grubhub 11 had? 12 A. 13 called the number, we would just take whatever call came to us. 14 Q. 15 Any drivers in the country that called. Okay. Whenever they So now I'm leading into my next set of questions. You said you had customer service experience. Were you -- 16 well, let me just ask this: 17 Customer Care. 18 you were working in Customer Care? 19 A. 20 chat instead of by phone. 21 website or the application to virtually call in by chat to ask 22 questions regarding where their order was, what they were -- 23 you know, what the delay was, or to complain about a particular 24 issue. 25 Q. You said that you first started in Just describe generally what was your job when In Customer Care I took inbound contacts from customers by So they would use usually the And were these customers calling in from around the 463 O'SHAE - DIRECT / LISS-RIORDAN 1 country? 2 A. Yes, they were. 3 Q. And so these calls were being routed to where you were in 4 Chicago? 5 A. That is correct. 6 Q. Were there other people besides you who were taking these 7 types of calls? 8 A. 9 so in our group there was several of us on at the same time. Yes. And what -- our group is called the Chat Pack, and 10 Q. 11 Care? 12 A. Correct. 13 Q. And what generally was your job when you were in Driver 14 Care? 15 A. 16 We took calls just from drivers. 17 contact number to contact us directly. 18 Q. 19 country? 20 A. Yes, I was. 21 Q. Including in Los Angeles? 22 A. Yes, I was. 23 Q. And just generally speaking, were -- the policies and 24 procedures as to how you handled the calls that came in, were 25 they the same around the country or did you have specific Okay. And then you said at some point you moved to Driver In Driver Care the -- we didn't take calls from customers. Customers did not have our So were you taking calls from drivers from around the 464 O'SHAE - DIRECT / LISS-RIORDAN 1 procedures for various markets? 2 A. They were the same around -- 3 MS. MARYOTT: 4 THE COURT: 5 THE WITNESS: Objection. Lacks foundation. Overruled. They were the same around the country. 6 BY MS. LISS-RIORDAN: 7 Q. 8 you. 9 in with complaints about drivers? Before we get into the Driver Care work, let me just ask When you were in Customer Care, did customers ever call 10 A. Yes, they did. 11 Q. And what, if anything, did you do when you got those 12 calls? 13 MS. MARYOTT: 14 THE COURT: 15 THE WITNESS: Objection. Vague. Overruled. I would contact the Driver Care. If it 16 was one of the Driver Care drivers, I would contact Driver Care 17 to advise them of the situation. 18 BY MS. LISS-RIORDAN: 19 Q. And how did you -- why did you do that? 20 A. That was what I was instructed to do. 21 Q. Do you remember when you were in Customer Care the kinds 22 of complaints you might hear about drivers from customers? 23 MS. MARYOTT: 24 THE COURT: 25 THE WITNESS: Objection. Hearsay. Overruled. I received -- I received complaints 465 O'SHAE - DIRECT / LISS-RIORDAN 1 ranging from a driver who smelled of marijuana and the customer 2 was upset about it to drivers who they felt were rude or they 3 didn't get their entire order or complaining about the length 4 of time it took for their order to get there. 5 of complaints. 6 BY MS. LISS-RIORDAN: 7 Q. 8 Department? 9 A. Okay. It was a variety And you said you passed them on to the Driver Care If it was something that was in reference to one of the 10 delivery drivers that we had, yes. 11 Q. So now jumping ahead to when you were in Driver Care. 12 A. Okay. 13 Q. Did you receive any of the complaints customers might have 14 about drivers? 15 A. 16 about drivers. 17 Q. I did, and I also received complaints from restaurants And what, if anything, did you do about those complaints? 18 MS. MARYOTT: 19 THE COURT: 20 THE WITNESS: Objection. Vague. Overruled. I would notate in the Salesforce account 21 and depending on the severity, I may reach out to one of the 22 operation specialists to advise them of the situation. 23 BY MS. LISS-RIORDAN: 24 Q. 25 judge what that is? You mentioned Salesforce account. Can you explain to the 466 O'SHAE - DIRECT / LISS-RIORDAN 1 A. 2 when we would log into our phones, we -- we would log into our 3 phones through Salesforce. 4 call, the Salesforce would autopopulate with who we were 5 talking to. 6 Q. So was it sort of an electronic file? 7 A. It was an electronic file. 8 when they were onboarded. 9 contract or their agreement with Grubhub. Salesforce account is a customer management system that So whenever we received an inbound It had information regarding It had information regarding their It had information 10 regarding past -- past contacts that we would have with them, 11 so past calls or past issues or anything that someone taking a 12 phone call felt relevant to put in their comments. 13 Q. 14 There was this file that you had and if you got a complaint 15 about a driver, what did you do, if anything, with it? 16 A. 17 what was called a driver issue form, we may make notes into 18 their Salesforce account regarding the information that was 19 presented to us; or if it was something severe, we may reach 20 out to an operation specialist to ask, you know, "Do we need to 21 know this? 22 and get clarification on exactly how to handle the issue. 23 Q. 24 something about Salesforce populating something. 25 to you explain a little bit what happened. Okay. And so now going back to what you did with this. We may -- depending on what the issue was, we may fill out You know, is this all we need to do?" Just to try So when you were on a call with a driver, you said I just want When you were on a 467 O'SHAE - DIRECT / LISS-RIORDAN 1 call with a driver -- 2 A. 3 happen is that the screen would be blank on Salesforce; but 4 when a call came in, it would automatically bring up who we 5 were speaking with. 6 address information, had -- it was basically their file. 7 you think of it as a manila folder in electronic form that has 8 all the information regarding that person. 9 Q. So when we were on the call with the driver, what would Okay. So we knew the person's name, had their If And so you had said that you would at times put in 10 notes about a driver on Salesforce. 11 anyone was talking to that driver, they could see on their 12 computer previous notes that had been written about them? 13 A. Does that mean that when That is correct. 14 MS. MARYOTT: 15 THE COURT: Objection. Lacks foundation. Overruled. 16 BY MS. LISS-RIORDAN: 17 Q. 18 do more than take notes? 19 A. That is correct. 20 Q. What kind of issues would you consider to be more serious? 21 A. The -- 22 Q. Well, actually, first, let me ask you. 23 issues were not to serious that might be written up in notes? 24 A. 25 shift early for various reasons. And then you mentioned that for serious issues you might We may -- What kind of Not so serious customer -- or a driver having to leave a We would -- 468 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. 2 along the way. 3 Let me -- I'm just going to stop and ask you questions If a driver needed to leave their shift early, was there 4 something that they were supposed to do to indicate that? 5 A. 6 call in to us so we could adjust their schedule of time that 7 they were scheduled to work or scheduled to drive because they 8 weren't able to do it themselves. 9 Q. If a driver needed to leave a shift early, they needed to Okay. So, like, what kind of reasons might a driver call 10 in because they needed to leave early? 11 A. Childcare issues. 12 MS. MARYOTT: 13 THE COURT: 14 THE WITNESS: Hearsay. Overruled. Childcare issues. I took adjusted 15 blocks for people who were feeling unwell and didn't feel safe 16 to be on the road. 17 kind of any reason that a person would need to call in to, you 18 know, leave their job early. 19 BY MS. LISS-RIORDAN: 20 Q. 21 Okay. I took calls and adjusted, you know, it was And then you said that there were -- okay. What other kinds of less serious issues did you receive? 22 A. 23 and we would tell them how to do that but, you know, make a 24 note that they had called in regarding it. 25 Q. Sometimes it was someone that wanted to discuss their pay, Okay. What about more serious issues? What did you 469 O'SHAE - DIRECT / LISS-RIORDAN 1 consider a more serious issue? 2 A. I remember taking a call in -- 3 Q. Well, let me just ask you generally. 4 talking about what were less serious issues and more serious 5 issues, how did you know what to do? 6 A. 7 were in Driver Care at that time had previously been in 8 Customer Care, so we understood policies and procedures that 9 Grubhub had for us. When you were Well, we had a week's worth of training. Most of us that 10 Q. 11 that for a minute, what were the steps -- or what kind of 12 issues did -- qualified as the more serious issues? 13 A. 14 like more serious egregious, if you will, issues. 15 Q. 16 egregious issue? 17 A. 18 complained about the driver being belligerent and using 19 profanity in his restaurant in front of his customers. 20 Q. And did you take that complaint? 21 A. I did. 22 Q. And what, if anything, happened? 23 A. That driver was terminated that evening. 24 Q. Can you describe what you know of what happened that led 25 to that termination? Okay. So for the more serious issues, let's just focus on Things that were customer impacting or driver impacting, Like, what are some examples that you would consider an I had an issue with a restaurant that called in and 470 O'SHAE - DIRECT / LISS-RIORDAN 1 2 MS. MARYOTT: Object. It lacks foundation. She needs to establish -- 3 MS. LISS-RIORDAN: Let me restate. 4 Q. 5 happened at Grubhub. 6 what did you observe happened at Grubhub with respect to the 7 complaint about the driver being belligerent? 8 9 I'm not asking what actually happened. I'm asking what How did Grubhub, from what you knew -- or MS. MARYOTT: Objection. Assumes facts and lacks foundation. 10 THE COURT: 11 THE WITNESS: Overruled. So in that case what I had done was I 12 had contacted an operation specialist to advise him of the 13 situation. 14 him to be a problem." 15 The operations specialist had said, "Yeah, we know He talked with his manager, and the decision to terminate 16 him that evening was made. 17 Salesforce. 18 there and contacted the driver, I believe, through writing. 19 BY MS. LISS-RIORDAN: 20 Q. 21 the driver to get his side of the story? 22 A. I am not aware. 23 Q. And do you know who made the decision to terminate him? 24 A. I believe it was the operation specialist and Jared 25 Grebner, the Operations manager. They asked me to write up notes in They asked me to -- and then they took it from Are you aware of whether or not Grubhub had reached out to 471 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. 2 you heard -- or let me ask you this: 3 A. 4 manager over the operation specialists, the people that 5 onboarded the new drivers coming in or that looked at the 6 contracts when they were up for renewal. 7 Q. And did you know Jared Grebner? 8 A. I did. 9 Q. So did you ever have occasion to talk with Mr. Grebner Do you remember Jared Grebner -- do you remember anything Who is Jared Grebner? My understanding at the time that Jared Grebner was the Did you work with him? He sat about 6 feet in front of me. 10 when you were at work? 11 A. Very often. 12 Q. Did you have occasion to hear what he was saying when you 13 were at work? 14 A. 15 16 When I was on a call -MS. MARYOTT: Object. This is hearsay and it's a vague question. 17 THE COURT: 18 THE WITNESS: Well, that question, you can answer. When I wasn't on a call, yes. 19 BY MS. LISS-RIORDAN: 20 Q. 21 have a barrier between you and him or was it an open room? 22 A. 23 barriers. 24 Q. 25 Mr. Grebner was having -- So you said he sat about 6 feet away from you. It was very open. Okay. There was no barrier. Did you There were no There were no partitions. So could you ever hear conversations that 472 O'SHAE - DIRECT / LISS-RIORDAN 1 A. Frequently. 2 Q. -- from your desk? 3 And did you talk with Mr. Grebner? 4 A. Frequently. 5 Q. Okay. 6 A. Typically he didn't really take phone calls. 7 talked to the operation specialists. 8 taking a call. 9 that would be too far away for me to overhear. And did you hear Mr. Grebner on the phone ever? He mostly They may be the ones If he took a call, it may be at their desk and 10 Q. 11 involvement Mr. Grebner had in the decision to terminate that 12 driver that you were describing was being belligerent? 13 14 And did you observe what, if any, relationship or MS. MARYOTT: Objection. Lacks foundation. Calls for speculation. 15 THE COURT: 16 THE WITNESS: Overruled. Yeah. The exact phrase he used was 17 "Pull his contract." 18 BY MS. LISS-RIORDAN: 19 Q. Do you know who he used that phrase to? 20 A. The operation specialist who was asking, you know, "What 21 are we going to do with this guy?" 22 Q. Did you understand what "pull his contract" meant? 23 A. Yes, because I was later offered to actually read the 24 termination letter that they sent him. 25 MS. MARYOTT: Objection. Move to strike as 473 O'SHAE - DIRECT / LISS-RIORDAN 1 nonresponsive. 2 THE COURT: Overruled. 3 BY MS. LISS-RIORDAN: 4 Q. 5 letter? 6 A. 7 that termination letter is in the Salesforce if you want to 8 read what we sent to him." 9 What do you mean you were offered to read the termination After the termination was sent to him, they said, "Hey, And I said, "No, I don't need to do that." 10 Q. Did you know who Jeff Smith was? 11 A. The name sounds very familiar. 12 manager, but they sat separate from us. 13 Q. 14 whether he did work that was related to Los Angeles? Okay. I believe he was a market Were you involved -- did you have any knowledge of 15 MS. MARYOTT: 16 THE COURT: 17 THE WITNESS: Objection. Leading. Overruled. I believe he worked in the western 18 markets. 19 BY MS. LISS-RIORDAN: 20 Q. Okay. 21 A. At that time Grubhub was separated between East and 22 West Coast for the market managers. 23 Q. Okay. So -- Did you know him to be a manager for Los Angeles? 24 MS. MARYOTT: 25 THE COURT: Objection. Overruled. Leading. 474 O'SHAE - DIRECT / LISS-RIORDAN 1 THE WITNESS: That's implied in the title of market 2 manager. 3 BY MS. LISS-RIORDAN: 4 Q. 5 manager for Los Angeles besides for Mr. Smith? 6 A. 7 managers. 8 Q. 9 manager related to Los Angeles? While you were at Grubhub, are you aware of any other I'm sorry, I do not recall the names of the market I mean -- So is Mr. Smith the only name that you remember as being a 10 A. 11 say whether or not he was the manager, but his name does sound 12 familiar as being the western market manager. 13 Q. 14 manager for Los Angeles while you worked there? 15 A. 16 They sat -- they're on the same floor of us and the same area, 17 but they sat in a room separate from us. 18 Q. 19 group when you were in Driver Care? 20 A. Yes. 21 Q. How many people were in the group? 22 A. I believe my class, which was the first of the Driver Care 23 class, there were I want to say 12 or 15 of us. 24 Q. 25 and taking the calls from the drivers, were there other -- Like I said, his name sounds familiar. Okay. I can't accurately But you don't remember anyone else who was a market We did not have much interaction with the market managers. So tell us about how -- well, first of all, were you in a Okay. And so when you were in -- when you were working 475 O'SHAE - DIRECT / LISS-RIORDAN 1 well, first of all, what was your title? 2 A. Driver Care specialist. 3 Q. Okay. 4 interacting with the drivers? 5 A. 6 have desks at that time. 7 Q. 8 specialists were saying? 9 A. Well, yeah. 10 Q. Did you talk with the other Driver Care specialists? 11 A. When we weren't on a call, yes, you know, we tended to 12 talk and get to know one another. 13 Q. Did you discuss your work? 14 A. We did. 15 Q. Did you discuss how various -- how you handled various 16 situations that you came across in your work? 17 A. 18 call that they were on, I would say, "You know, what was that 19 about?" 20 that decision?" 21 do the job at the same time. 22 Q. And did you report to anyone? 23 A. Yes. 24 Q. Do you know what his title was? 25 A. I believe it was just Driver Care manager. Were there other Driver Care specialists also Yes, there were. Okay. Yeah. We sat at a conference table. We didn't So could you hear what other Driver Care They were very close to me. Sometimes I would ask somebody, if I overheard a Or "Who was that?" Or, "You know, why did you make Just to -- we were all kind of learning how to My manager at the time was Maxwell Phillips. 476 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. And was there anyone else that you reported to? 2 A. His manager, Karyn Gold. 3 Q. Okay. 4 A. K-A-R-Y-N, I believe is her spelling, Karyn Gold. 5 Q. Was Mr. Phillips the person who you went to on a 6 day-to-day basis with questions? 7 A. 8 Driver Care at that time, and he was the only manager so he was 9 spread very thin. When he was on my shift, yes. There were two shifts in 10 Q. 11 questions if he wasn't available? 12 A. 13 create a second lead eventually. 14 Q. What's a lead? 15 A. A lead worker would be a step down from your direct 16 supervisor or, you know, your manager is what they called them 17 but they are supervisors. 18 question regarding your daily operations, you would ask them 19 for clarification. 20 Q. 21 your work in Driver Care, what would you typically do? 22 A. 23 Was there anyone else that you would go to if you had When we started off, we did have one lead and they did So it would be someone if you had a So if you had -- so if you had questions in the course of We would call over to the -- okay. Let me back up. When Maxwell Phillips was there, he typically sat behind 24 us because there was a couch right behind us. 25 would just turn around and say: So sometimes I Hey, Max, what should I do? 477 O'SHAE - DIRECT / LISS-RIORDAN 1 If he wasn't there, then I would call over to the -- the 2 leads who sat on the other side of the room from where we were 3 on the right side. 4 Jared was available I may say: 5 of tended to -- if I needed a question answered, I would find 6 someone to ask. 7 position. 8 Q. 9 Driver Care? If they weren't available, I may -- if Hey, Jared. You know, I kind Usually someone who was in a supervisory And did you have training for your responsibilities in 10 A. It was about a week long training. 11 Q. Do you remember generally what it entailed? 12 A. It was more about how to use the systems. 13 introductory of Salesforce for those of us who had never worked 14 with Salesforce before. 15 system; how to read it, how to interpret it, how to assign and 16 reassign orders, how to see the blocks of time that were 17 available in When I Work, which is the program that they use 18 for scheduling, how to use the order look-up tool, which was 19 the customer service facing tool for deliveries. 20 It was an It was how to utilize the dispatch Yeah, it was -- we had been told from the time of hiring 21 to all through training that we were the first group and we 22 would be helping to set policies for this new department in 23 Grubhub. 24 Q. 25 performing similar responsibilities prior to your group Do you know if there was anyone at Grubhub who was 478 O'SHAE - DIRECT / LISS-RIORDAN 1 starting? 2 A. 3 they had hired through a temp service that were doing it. 4 of them stayed on and worked with us. 5 My understanding was that they had temporary workers that I know this because there was a lot of animosity. They 6 felt that we had taken the jobs that they were promised. 7 was something that was directly said to me. 8 9 MS. MARYOTT: Objection. Some There Move to strike as irrelevant. 10 THE COURT: 11 BY MS. LISS-RIORDAN 12 Q. 13 you this. 14 ask you this. 15 there was a manager who was available to you if you had 16 questions. 17 Overruled. So jumping head a little bit -- well, actually, let me ask During your training -- well, no, let me -- let me You described that there were leads and then Did the -- did the leads typically take calls themselves 18 from the drivers? 19 A. 20 didn't like the answer we gave them, they wanted to talk to 21 somebody else, that was the caller's prerogative, to ask to 22 speak to a supervisor. 23 dispatchers or the leads would take the call. 24 Q. 25 calls from drivers? Only escalated calls. Okay. So if a call got escalated or they At that time the -- either the And what about your manager? Did your manager take 479 O'SHAE - DIRECT / LISS-RIORDAN 1 A. I know of -- 2 MS. MARYOTT: Objection. Lacks foundation. 3 BY MS. LISS-RIORDAN 4 Q. To your knowledge? 5 A. I know of no call that he took, escalated call at my time 6 there. 7 Q. 8 dispatchers? 9 A. I don't know of any. Okay. I'm sorry. And you mentioned dispatchers. Who were Dispatchers were technically a part the Operations group. 10 So they -- they were tasked with making sure that drivers were 11 where they needed to be; that they were logged on when they 12 were supposed to be; that they were there for their entire 13 shift. 14 They -- there were two to three of them and they 15 constantly cycled through the different markets. 16 Q. 17 let me just ask you: 18 working physically? 19 A. 20 see them, but I couldn't often overhear them. 21 sitting further, probably about 10, 15 feet away. 22 Q. 23 course of your work? 24 A. I did. 25 Q. What kinds of interactions? Okay. Wait. Before you jump ahead about what they did, Did you -- were you -- where were they They were working in the same area. I could physically They were And did you have interactions with dispatchers in the 480 O'SHAE - DIRECT / LISS-RIORDAN 1 A. 2 dispatchers just to understand how to use the tool. 3 one of the resources, if you will, that I would go to when I 4 needed assistance with a call or wasn't sure how to handle a 5 situation. 6 Q. 7 a dispatcher to figure out what to? 8 A. 9 When we were training, we did do a shadowing with the Okay. Yeah. So you would take a call, but you might go talk to I -- MS. MARYOTT: Objection. Leading. 10 THE COURT: 11 BY MS. LISS-RIORDAN 12 Q. And did the dispatchers take calls themselves? 13 A. They -- 14 They were Sustained. MS. MARYOTT: Objection. Lacks foundation. 15 BY MS. LISS-RIORDAN 16 Q. 17 from drivers? 18 A. 19 if a driver wanted to talk to a particular dispatcher, the 20 dispatcher had the discretion to say whether or not they took 21 the call. 22 Q. 23 dispatchers have conversations themselves with the drivers? Do you know whether the dispatchers themselves took calls They did not take inbound calls, but every once in a while Okay. And typically, from what you observed, did 24 MS. MARYOTT: 25 THE COURT: Objection. Sustained. Leading. 481 O'SHAE - DIRECT / LISS-RIORDAN 1 BY MS. LISS-RIORDAN 2 Q. 3 have communications with dispatchers in which the dispatcher 4 indicated that you should do something with respect to a 5 driver, take some action? Did you ever have -- did dispatchers ever -- did you ever 6 MS. MARYOTT: 7 THE COURT: Objection. Leading. Overruled. 8 A. 9 someone's block of time that they were on, their schedule time, 10 There were times that I had been told to change or extend it. 11 12 Yes. Sometimes I was told to log somebody off. MS. MARYOTT: is all hearsay. 13 I'm going to object, your Honor. This And I don't think it's a party admission. THE COURT: Well, she's -- overruled. I'm going to 14 allow it. 15 BY MS. LISS-RIORDAN 16 Q. 17 but tell me, when you were working and -- what did you observe 18 the dispatchers were typically doing? 19 A. 20 and they would cycle through the markets to see if the drivers 21 were logged on when they were supposed to be logged on, if they 22 were in the area that they were assigned to, if they were -- 23 they would also sometimes change orders around. 24 had a particular order, they may change the order and give it 25 to somebody else. So -- so tell me, you were starting to say a minute ago, The dispatchers had two monitors in front of each of them So if a driver 482 O'SHAE - DIRECT / LISS-RIORDAN 1 Sometimes they would push out extra orders to drivers, so 2 they were -- their whole focus was to make sure the operations 3 were -- and dispatching was flowing well. 4 MS. MARYOTT: Your Honor, I'm going to object and move 5 to strike as nonresponsive. 6 ever worked as a dispatcher; that she was -- 7 THE COURT: No. She's not established that she She said she trained with them for 8 the day and she observed them for a day. 9 BY MS. LISS-RIORDAN Overruled. 10 Q. 11 would cycle through? 12 A. Correct. 13 Q. And what was it actually that they could see on these 14 monitors? 15 A. 16 market there would be a map and it would show a basic tag or a 17 flag that would have the name of the driver and where their 18 physical location was on the map. 19 So you said that they had -- they had monitors that they So for every driver that was on, there was a -- for each If you were to click on that driver flag, it would show 20 all of the orders that they currently had in their queue or 21 that, you know, that were -- they were currently working on and 22 where it was going to, either a line from -- it would be a line 23 from the restaurant to the individual homes of the diners. 24 you -- you could scroll in and see a lot of detail on exactly 25 where a driver was at any given time. So 483 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. 2 there areas that drivers worked in? Could you see -- is there something called a zone? 3 MS. MARYOTT: 4 THE COURT: Objection. Were Leading. Overruled. 5 A. 6 to work or given a particular area in which they were supposed 7 to be. 8 BY MS. LISS-RIORDAN 9 Q. 10 11 Yeah. So when a driver was onboarded, they were scheduled Could the drivers request a particular area? MS. MARYOTT: Objection. Lacks foundation and calls for speculation. 12 THE COURT: 13 BY MS. LISS-RIORDAN 14 Q. 15 came to be associated with particular areas? Okay. Sustained. In your training did you learn about how drivers 16 MS. MARYOTT: 17 THE COURT: Objection. Leading. Overruled. 18 A. 19 be reassigned or -- I had a case where a gentleman, his wife 20 was going to be in a different city and asked if he could work 21 in that city while she was there. 22 23 24 25 Yes. And I actually took calls where drivers would ask to MS. MARYOTT: Objection. nonresponsive. THE COURT: Overruled. Move to strike as 484 O'SHAE - DIRECT / LISS-RIORDAN 1 BY MS. LISS-RIORDAN 2 Q. And was he able to change his area? 3 A. No, he was not. 4 that his contract was only for the area that he was signed up 5 to work in. 6 Q. 7 areas they would work in? 8 A. So -- so could drivers express preferences about what So they -- 9 10 MS. MARYOTT: Objection. Foundation and -- I'm sorry. Lacks foundation and calls for hearsay. 11 12 I had to decline that offer and tell him THE COURT: Overruled. You can talk about what you know. 13 THE WITNESS: Okay. 14 A. 15 BY MS. LISS-RIORDAN 16 Q. 17 training and experience working at Grubhub, do you know whether 18 drivers could express preferences for what areas they would 19 work in? 20 A. 21 dependent on how many drivers were currently in that area. 22 their request may be denied. 23 put you in this area, but we do need drivers in this area. 24 Q. 25 wanting to change their area? I'm sorry. Sure. Could you repeat the question? Based on -- based on what you learned from your They could ask to work in certain areas, but that was Okay. And they may say: So Well, I can't And did drivers ever contact Driver Care about 485 O'SHAE - DIRECT / LISS-RIORDAN 1 A. Yes. 2 Q. Okay. 3 A. I would usually say that they needed to send an email for 4 them. 5 in this other area? 6 cannot because we have you working in this -- this area; but if 7 that's something you'd like to do, you know, send us an email 8 and we will have someone look into it. 9 Q. I took those calls. And how did you handle those calls? They would say: Okay. Well, you know, can't I pick up a shift And I would say: Unfortunately, no, you And then ultimately do you know who decided whether 10 the drivers could change their area or not? 11 A. 12 market managers. 13 ones that set the number of requested drivers or the projected 14 need for drivers in each area. 15 MS. MARYOTT: 16 That would be up to the operations specialist and the My understanding the market managers were the I'm going to object and move to strike. It lacks foundation. 17 THE COURT: 18 BY MS. LISS-RIORDAN 19 Q. 20 had in front of them, you were describing that it could show 21 where -- where drivers were; is that right? 22 A. 23 drivers called in for reassignments. 24 computer system. 25 Q. Overruled. So -- so going back to the monitors that the dispatchers Yeah. It was the same system that we used when -- when It was the exact same So did you have access to these screens that showed where 486 O'SHAE - DIRECT / LISS-RIORDAN 1 drivers were during their shifts? 2 A. 3 they had and where they were going to. 4 Q. 5 of your work? 6 A. 7 would be downtime between calls and sometimes I would look to 8 see who was on, to say: 9 wonder who is going to call me next? I could see where drivers were. I could see what orders And did you -- did you look at those screens in the course I did. I did when I was taking a call and sometimes there Well, I wonder if -- you know, I It was kind of a little 10 silly game we played. 11 Q. 12 you talk to the same driver -- did you get to know who the 13 drivers were who were calling? 14 A. 15 more frequently than others, but there were some markets -- I 16 know, while I would take a call from my market, you know, you 17 kind of got to know certain drivers who called in all the time 18 that had several requests and some that I never heard from. 19 Q. 20 the phone with any of the drivers? Did you -- you wonder who is going to call you next. Sometimes we did. Did There were some drivers that called Would you say you developed relationships of any sort over 21 MS. MARYOTT: 22 THE COURT: Objection. Leading. Overruled. 23 A. 24 whenever he would call in it, was like: 25 going? Sometimes. I had one driver that would call in, that Hey, hey. How is it And it was always a pleasant interaction that we had. 487 O'SHAE - DIRECT / LISS-RIORDAN 1 BY MS. LISS-RIORDAN 2 Q. 3 wasn't as pleasant an interaction? 4 A. 5 say and -- but you just stayed professional and, you know, 6 handled their request as best as possible. 7 Q. 8 other Driver Care specialists, about who the drivers were, who 9 you were talking to? 10 A. Were there some drivers with whom you spoke where it There were some that had challenging perspectives, I would Was that something that you ever talked about with the Yeah. We -- 11 MS. MARYOTT: 12 THE COURT: It's all hearsay, your Honor. It's not being offered for the truth. Go 13 ahead. 14 A. 15 like, oh, I got a call from this, so-and-so; or, oh, you know. 16 Yeah, we talked about the drivers. 17 BY MS. LISS-RIORDAN 18 Q. 19 specialists had drivers they were friendly with and drivers 20 they weren't as friendly with? 21 A. You can answer. Yes. We would go ahead and discuss drivers or discuss, Did it appear to you that the other Driver Care I -- 22 MS. MARYOTT: 23 THE COURT: 24 A. 25 to be honest. Objection. Leading. Overruled. I -- I'd say that we all kind of had our favorite drivers, 488 O'SHAE - DIRECT / LISS-RIORDAN 1 Yeah. I mean, it's -- even though you have no control 2 over who's calling you and what call you're going to get next, 3 I -- it would be a good day if I talked to, you know, a 4 particular driver five times that shift, you know. 5 BY MS. LISS-RIORDAN 6 Q. 7 talk to that driver during the shift? 8 A. 9 determined. Did you have any way of figuring out whether you might No. There was no way to -- I mean, that was -- it was It's a queue that they call in, so whoever is up 10 next to take a call is the one that gets the call. 11 Q. 12 able to tell what drivers were working? 13 A. 14 booting up all my systems and getting ready to work. 15 seeing who is on and, yay, this person is working tonight, 16 or -- you know. 17 When you got to work and you started your shift, were you Yeah. That was kind of one of the things I did as I was Just And, also, trying to understand what the flow was because 18 you can only predict if a diner is going to order. 19 know for sure if they are actually going to place that order. 20 So it was always good practice to kind of learn to see what the 21 trends were. 22 How many were waiting to be assigned a driver. 23 would have no orders waiting. 24 orders waiting. 25 You don't How many orders we had in each individual market. Some markets Some markets would have several It was kind of a hit or miss. MS. MARYOTT: I'm going to object and move to strike 489 O'SHAE - DIRECT / LISS-RIORDAN 1 as nonresponsive. 2 THE COURT: 3 BY MS. LISS-RIORDAN 4 Q. 5 information that you're describing? 6 A. 7 going. 8 calls -- or no orders waiting, I knew that I probably wasn't 9 going to be talking to very many people that day. 10 Overruled. And what, if anything, did you do with this type of For myself, I used it to kind of plan how my day might be It might be -- if it was something where there were no So I may spend more time on emails or ask to assist with emails. 11 If it was something that I saw orders coming in and 12 backing up, I might know that I needed to be ready to be phone 13 heavy that day. 14 Q. 15 to do something with emails. 16 that? 17 A. 18 the emails from drivers. 19 talking to customer service. 20 When you said -- you just mentioned that you may be asked Can you explain what you mean by So we didn't just handle calls from drivers. We handled We also manned the chat rooms in We kind of did it all. So we rotated with helping out with emails, so one person 21 didn't always have to work emails and another person always had 22 to have phones. 23 Q. 24 helping out? 25 A. When you say "helping out with emails," who were you Just work -- not helping out, I guess. Working emails. 490 O'SHAE - DIRECT / LISS-RIORDAN 1 Answering emails. 2 Q. 3 responsibility with respect to emails? And did the dispatchers, to your knowledge, have any 4 MS. MARYOTT: 5 THE COURT: Objection. Lacks foundation. Overruled. 6 A. 7 couldn't take those issues over the phone. 8 BY MS. LISS-RIORDAN 9 Q. Did the dispatchers -- 10 A. Oh. 11 Q. Did the dispatchers have responsibilities with respect to 12 email, to your knowledge? 13 A. 14 focused on watching the markets and dispatching drivers. 15 Q. 16 emails that you sent or communications you would have with the 17 drivers? 18 A. If someone had a pay issue, they were required -- we To my knowledge, no. They had to email. They -- they were just solely Did the dispatchers ever communicate with you regarding I may ask -- 19 MS. MARYOTT: 20 THE COURT: Objection. Calls for hearsay. Overruled. 21 A. 22 starting, in how to answer an email, especially when I was 23 learning how to read the Daily Driver Summary reports. 24 BY MS. LISS-RIORDAN 25 Q. I may have to ask clarification, especially when I was But what about outbound emails? Did you ever do outbound 491 O'SHAE - DIRECT / LISS-RIORDAN 1 emails? 2 A. 3 that we received. 4 Q. 5 emails? 6 A. Not -- not emails. 7 Q. Who would ask you to send texts to drivers? 8 A. Sometimes I was instructed to do so by dispatch or the 9 leads. 10 Q. All of my emails were to -- were in response to emails Did you -- did you ever -- did anyone ever ask you to send MS. MARYOTT: I'm going to object. This is all hearsay. 13 THE COURT: 14 MS. MARYOTT: 15 THE COURT: 16 MS. MARYOTT: 17 I was asked to send texts to drivers. What kind of texts might you be asked to send to drivers? 11 12 So I never initiated an email. Overruled. What is in a text. What? My thought is whatever is in a text, your Honor, is hearsay. 18 THE COURT: 19 true, but it's what she said. 20 So what she said in a text may not be You can answer. 21 THE WITNESS: 22 BY MS. LISS-RIORDAN 23 Q. 24 the kind of things? 25 A. Okay. What kind of texts were you asked to send out to drivers, I was asked to send out -- asking someone -- an instance 492 O'SHAE - DIRECT / LISS-RIORDAN 1 where someone may have logged on and didn't have a shift. 2 would send them a text saying: 3 block or a scheduled shift. 4 You don't have a scheduled You're not supposed to be on. I might say to somebody, you know: 5 your current zone. 6 take an order. I We see you're not in Please move to your zone and be ready to 7 I would send a text to a driver who was very obviously 8 sitting at his home while he was on a shift instead of being in 9 his car available to take orders; that he needed to move to his 10 assigned area. 11 Q. 12 in his home? 13 A. Do you know what happened with that driver who was sitting That driver eventually was terminated. That was -- 14 MS. MARYOTT: 15 THE COURT: 16 BY MS. LISS-RIORDAN 17 Q. 18 sitting in his home? 19 A. 20 then the market he worked in, it was nowhere near any 21 restaurant. 22 the block. 23 was his address. 24 Q. 25 what were -- could you see if the drivers were in their zones Objection. Lacks foundation. Sustained. Do you know how anyone at Grubhub knew that the driver was We could see it on the map, exactly where he was. And I mean, it's very detailed, the -- you could see You could see which house he's sitting in and it So these screens, these monitors that you were watching, 493 O'SHAE - DIRECT / LISS-RIORDAN 1 while they were on shift? 2 A. Yes. 3 Q. And was there anything that you did if a driver wasn't in 4 his zone during a shift? 5 A. 6 know, send a message to them saying: 7 into your zone. 8 9 That's usually when we would send the text to them or, you Hey, you need to move Unless they were on an active delivery. If they were on an active delivery, that might be a reason why they might be 10 leaving their zone. 11 Q. 12 of their zone, was there -- what, if anything, were they 13 supposed to do when they finished that delivery? 14 15 And if they were on an active delivery that took them out MS. MARYOTT: Objection. Lacks foundation and calls for speculation. 16 THE COURT: Overruled. 17 A. 18 didn't have another order to take right after that. 19 BY MS. LISS-RIORDAN 20 Q. 21 sent on deliveries that were outside their zone? 22 A. 23 understand the way that delivery radiuses work in regards to 24 restaurants. 25 They were expected to move back to their zone, if they So did that happen from time to time, that drivers were It had the possibility to happen, because you have to Someone -- a restaurant may be on the edge of a zone, but 494 O'SHAE - DIRECT / LISS-RIORDAN 1 their delivery radius may extend past that zone. 2 that's on the outskirt of that restaurant's radius, that may 3 take the driver further than they needed to go. 4 Q. 5 delivery even though it wasn't the zone they were signed up 6 for? 7 A. There is a possibility, yes. 8 Q. And what other things were you able to see when you were 9 looking at these monitors? So a diner So could drivers ever be sent across the city to do a I mean, yeah. 10 A. 11 didn't have a shift, because their tag would show up as gray. 12 So it was a quick way for us to see if someone might be gaming 13 the system or might be, you know, trying to take orders when 14 they weren't scheduled to. 15 Q. 16 asking you about the shift system in a little bit. 17 A. Okay. 18 Q. But just on that point, if you saw someone who was logged 19 on but wasn't on a shift, was there anything that was done 20 about that? We could very evidently tell if somebody had logged on and So explain that a little bit. 21 MS. MARYOTT: 22 THE COURT: Objection. I'm going to come back to Lacks foundation. Overruled. 23 A. 24 toggle them off so -- because we had access to actually turn 25 off their application and send them basically a warning message Yeah. So we had to notify them. We were expected to 495 O'SHAE - DIRECT / LISS-RIORDAN 1 saying: 2 application when you have an active shift. 3 assistance on signing up for shifts, please contact us. 4 Please do not log into your -- only log into your If you need If we saw them log back on again, we would notate it in 5 their Salesforce account and usually bring it to the attention 6 of dispatchers. 7 call or ask us to make a call to find out what was going on. 8 BY MS. LISS-RIORDAN 9 Q. 10 The dispatchers at that point might make a Was that something that you watched for, drivers who might be logged on and they weren't signed up for a shift? 11 MS. MARYOTT: 12 THE COURT: Objection. Leading. Overruled. 13 A. 14 monitored, but if we saw it, we were expected to act upon it. 15 BY MS. LISS-RIORDAN 16 Q. 17 weren't logged on? 18 A. 19 but they wouldn't show up on the map unless they had the 20 application activated, unless they were having a technical 21 problem. 22 Q. 23 signed up for a shift, but you didn't see them on the map as 24 logged on? 25 That was something that the dispatchers actively What about drivers who had signed up for a shift, but Well, no. Were you able to see that? Well, we could see who signed up for shifts, So would anything happen if there were drivers who were MS. MARYOTT: Objection. Lacks foundation. 496 O'SHAE - DIRECT / LISS-RIORDAN 1 THE COURT: Overruled. 2 A. 3 monitoring those markets. 4 and contact the drivers to find out if there was a problem. 5 Excuse me. 6 That was what the dispatchers were doing, was actively So the dispatchers would go ahead Find out if there was a problem. Let them know that they 7 were, you know -- they had picked up a shift and to log on and 8 move to their assigned zone. 9 BY MS. LISS-RIORDAN 10 Q. And what happened if they didn't? 11 12 MS. MARYOTT: Objection. Lacks foundation. Calls for speculation. 13 THE COURT: Overruled. 14 A. 15 would go ahead and remove them, their blocks of time. 16 would remove the shifts from them that day and -- 17 BY MS. LISS-RIORDAN 18 Q. Did they have -- 19 A. -- to -- 20 Q. I'm sorry. 21 A. No. 22 didn't respond after two contacts, then they would remove the 23 shift from them. 24 Q. 25 they could wait until after their shift started before they If they were -- if they didn't, what we would do is we So we I didn't mean to cut you off. I mean, they tried to make two contacts, and if they Did they give them any time? Was there any amount of time 497 O'SHAE - DIRECT / LISS-RIORDAN 1 were contacted? 2 MS. MARYOTT: 3 THE COURT: Objection. Lacks foundation. Overruled. 4 A. 5 10-minute time span, that's when they would be contacting them, 6 saying: 7 Are you going to be on? 8 shift from them. 9 BY MS. LISS-RIORDAN Typically it was done in the first 10 minutes. Hey, you know, you're -- you're scheduled to sign up. 10 Q. 11 them? 12 A. 13 Hey, so sorry. 14 here now. 15 them. 16 So in the And then, again, they would remove the So then what would happen if they removed the shift from Could another driver take it? Yeah. Sometimes the drivers would call back and say: I was stuck in traffic. Can I have my shift back? Or, you know: I'm And we could assign it to But if a -- in some markets the shifts are very 17 competitive and so you would have drivers that called in every 18 day to say: 19 Are there any available shifts? 20 we had taken a shift away from somebody, we may give it to one 21 of those drivers that called in, which meant that if the 22 original driver finally called in and said: 23 I'm here now. 24 given to another driver, they couldn't -- they wouldn't be 25 working. Hey, are there any shifts that people gave up? And if there was a case where Can I have my shift back? Hey, I'm so sorry. If it was gone and 498 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. 2 mean by a competitive market? 3 A. You mentioned it was a competitive market. I heard from drivers all the time that would complain -- 4 5 What do you MS. MARYOTT: Objection, your Honor. This is all hearsay. 6 THE COURT: Overruled. 7 A. 8 They would say: 9 work whenever I want to, but there are never any shifts; or I They would complain that they weren't able to get shifts. I signed up and I was told I can, you know, 10 can only get one shift a week; or -- there was a lot of 11 complaints. 12 One of the things that was discussed amongst the 13 Operations people was there were too many drivers in L.A. 14 was even talked about in our training class. 15 too many drivers in L.A. 16 drivers, not more, was, you know, the exact phrase that was 17 said. 18 BY MS. LISS-RIORDAN 19 Q. 20 drivers? 21 A. We really have There's -- we -- we need less Would you say L.A. was a competitive market for the Yes. 22 MS. MARYOTT: 23 THE COURT: 24 BY MS. LISS-RIORDAN 25 Q. It Objection. Leading. Overruled. So if a driver in L.A., for example, didn't toggle on 499 O'SHAE - DIRECT / LISS-RIORDAN 1 within the first 10 minutes or so of their shift and it was 2 taken way, might they be able to get it back if they called in 3 a little late? 4 MS. MARYOTT: 5 and inappropriate hypothetical. I'm going to object. 6 THE COURT: 7 MS. LISS-RIORDAN: 8 BY MS. LISS-RIORDAN 9 Q. Okay. It's an incomplete I think she just testified to that. Okay. Since you started to talk about the shift system, 10 let me ask you about that more generally. 11 understanding of how drivers got signed up for shifts? 12 A. 13 that there was a separate system called When I Work; that once 14 a week shifts would be put up on When I Work, usually very late 15 at night, and drivers -- 16 Q. Do they -- sorry. 17 A. And drivers could sign on for them. 18 preference given to -- I believe they called them preferred 19 drivers. 20 Q. 21 that. 22 Can you explain your My understanding was -- and the way they trained us was Okay. Go ahead. Just wait a minute. There was some I'm going to come back to When the drivers signed up -- I'm sorry. 23 ahead? 24 Who -- who released the shifts? 25 MS. MARYOTT: Why don't you go So they were released -- oh, my question for you is: Objection. Lacks foundation. 500 O'SHAE - DIRECT / LISS-RIORDAN 1 BY MS. LISS-RIORDAN 2 Q. Do you know who released the shifts? 3 A. My understanding was the shifts were released based upon 4 projected need for drivers, based upon previous weeks delivery 5 orders. 6 do on a Saturday, unless it's Monday Night Football. 7 So you don't need as many drivers on a Monday as you MS. MARYOTT: 8 nonresponsive. 9 them? Objection. The question was: Move to strike as Do you know who released 10 THE COURT: 11 BY MS. LISS-RIORDAN 12 Q. Do you know who released the shifts? 13 A. The shifts, my understanding, were designated by the 14 market managers and it was pre-programmed into the When I Work 15 system on how many drivers were needed. 16 Q. Okay. 17 A. But I don't know who officially pressed the button on 18 the -- the computer system to make the shifts go out there, no. 19 Q. 20 at night. 21 A. 22 shifts. 23 Q. Can you explain what you understand that means? 24 A. In some markets there were always open shifts and in other 25 markets there were -- you could log on five minutes after Okay. Overruled. So the shifts were released once a week, often late And then what would happen? There was what was described as a mad scramble to get 501 O'SHAE - DIRECT / LISS-RIORDAN 1 shifts were put up and there would be no available shifts. 2 MS. MARYOTT: I'm going to object. It lacks 3 foundation. 4 BY MS. LISS-RIORDAN 5 Q. How do you know this? 6 A. Oh, I'm sorry. 7 information. 8 our training, on how hard it was for some drivers to get 9 shifts. She didn't establish any. The drivers would tell us this It was also something that was talked about in 10 Q. Umm -- 11 A. And why drivers would call in throughout the week asking 12 if other -- if anybody had released shifts. 13 Q. And was that the case in L.A.? 14 A. It was. 15 shifts that we had. 16 Q. 17 was something called preferred -- preferred scheduling. 18 know what that is? 19 A. 20 and it had to do with their acceptance rate and their stats. 21 It was something that was done on a monthly basis and it was 22 something that the drivers were striving for because they were 23 able to get first pick of the shifts. 24 25 Okay. L.A. was one of the most competitive markets for Now, you started to mention a minute ago that there Do you I believe it was called, like, preferred driver status, MS. MARYOTT: Objection. Move to strike. foundation as to what drivers knew. It lacks 502 O'SHAE - DIRECT / LISS-RIORDAN 1 THE COURT: 2 BY MS. LISS-RIORDAN 3 Q. 4 happen? 5 else? Overruled. And so what would happen if -- so what would physically 6 They would actually get a go at them before everybody MS. MARYOTT: Objection. 7 BY MS. LISS-RIORDAN 8 Q. 9 drivers scheduling worked? Lacks foundation. What was your understanding as to how the preferred 10 A. 11 drivers to -- so they would get the premium picks of the 12 shifts. 13 being that preferred driver status. 14 Q. 15 up? 16 A. Not to my understanding, no. 17 Q. Okay. 18 able to take whatever hours they were able to get? 19 A. 20 on every day that was available. 21 22 My understanding was they were able to log on before other They would get the -- if you will, the best shifts by Were there any limits on how many hours they could pick So if they had a preferred status, they would be If they had preferred status, they could take every shift MS. MARYOTT: Objection. It lacks foundation. Move to strike. 23 THE COURT: 24 BY MS. LISS-RIORDAN 25 Q. Overruled. And if they didn't have preferred status, what was your 503 O'SHAE - DIRECT / LISS-RIORDAN 1 understanding regarding how they -- what they might get? 2 A. 3 whatever the preferred status people did not take. 4 left of the available shifts. 5 usually the ones that were calling in during the week asking: 6 Has anybody -- are any shifts available? 7 Q. 8 scheduling? My understanding from what they would get in -- basically, So what was And then those people were Did you hear any complaints from drivers about the 9 MS. MARYOTT: 10 THE COURT: 11 A. 12 shift scheduling. 13 BY MS. LISS-RIORDAN 14 Q. Objection. Calls for hearsay. Overruled. I often took calls regarding complaints regarding the What kind of complaints? 15 MS. MARYOTT: 16 THE COURT: Same objection, your Honor. Hearsay. Overruled. 17 A. 18 had made an investment and weren't able to recoup on their 19 investment. 20 able to work. 21 Some were very upset. They weren't able to actually drive. I had drivers saying: 22 can't ever work. 23 asking: 24 really need to work. 25 They felt that they did not -- they They weren't You call it When I Work, but I You would drivers that, you know, were So how do I get on preferred status? You know, I There was a lot of what I perceived to be stress by 504 O'SHAE - DIRECT / LISS-RIORDAN 1 drivers regarding shifts in the calls that I was taking and the 2 conversations. 3 on, you know, what they needed to do and call back and check 4 the When I Work schedule to see if anybody has released shifts 5 or -- you know, and be compassionate and understanding and 6 assist them as best as I could. 7 BY MS. LISS-RIORDAN 8 Q. 9 describing regarding the dispatchers watching the different And so I would instruct them as best as I could I want to go back to asking you about the -- what you were 10 markets on their screens, and you were talking about how they 11 would push orders out or dispatch drivers for different orders. 12 Let me just ask you this generally. Do you know how 13 orders were generally distributed to drivers at Grubhub? 14 A. 15 learning system and they wanted as little human interaction as 16 possible because it was "learning how to dispatch," was the 17 phrase that was used in our training. 18 Q. 19 matching drivers with orders? 20 A. 21 give orders to the closest driver, but it calculated the 22 distance as the crow flies, not necessarily geographically. 23 wasn't necessarily how many blocks away it was, it was a 24 straight line from where the diner was to the restaurant to the 25 driver. In our training they talked about the system was a So was there some kind of automatic system that was Correct. So what would happen was the system itself would It 505 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. And so did that -- did that ever cause issues? 2 MS. MARYOTT: 3 THE COURT: 4 Lacks foundation and vague. You can answer, if you understand the question. 5 THE WITNESS: 6 A. 7 L.A. market. 8 hour traffic. 9 else closer? 10 Objection. I do understand the question. That caused issues in the California market, or in the Sometimes drivers would have to navigate rush They would ask, you know: Isn't there anybody That's on the other side of the valley? That's on the other side of the mountain? 11 There were a lot of questions that were geographical 12 based, that when I asked my supervisor or leads about it, they 13 had said: 14 obstacles. 15 BY MS. LISS-RIORDAN 16 Q. 17 physically, but not necessarily the closest driver driving 18 distance to get to the order? 19 A. Well, it doesn't take into account geographical So it would take into account the closest driver Correct. 20 MS. MARYOTT: 21 THE COURT: Objection. Calls for speculation. Overruled. 22 A. 23 physical distance on a map, on a two-dimensional map. 24 BY MS. LISS-RIORDAN 25 Q. It did not look at driving distance. Okay. It looked at So were the dispatchers ever able to override this 506 O'SHAE - DIRECT / LISS-RIORDAN 1 automatic system? 2 A. 3 the exact same system the dispatchers used. 4 Q. 5 override the automatic assignment system? 6 A. 7 Hey, I'm at this corner. 8 there any orders that need to go? 9 there were and they were ready, to go ahead and give that 10 Yes. The dispatchers could and we could as well. Okay. We used And so on what occasions would dispatchers or you Sometimes a driver would call in and ask, he would say: There are six restaurants here. Are And I may look and see if driver those orders. 11 Drivers sometimes would call in and ask for orders to be 12 reassigned and so we would unassign them from a particular 13 driver and put them back into the queue. 14 to that driver again, we may unassign it again and then have to 15 redeliver it to them so it didn't -- or, excuse me. 16 it and deliver it to a different driver so that same first 17 driver didn't get it. 18 Q. 19 so the algorithm wasn't always followed exactly; is that what 20 you're saying? If it was redelivered Unassign So when you were making these reassignments or when the -- That they were changes made to the assignments? 21 MS. MARYOTT: 22 THE COURT: 23 BY MS. LISS-RIORDAN 24 Q. 25 drivers? Objection. Leading. Sustained. And you had testified earlier that you got to know certain You got to be friendly with certain drivers? 507 O'SHAE - DIRECT / LISS-RIORDAN 1 A. I did. 2 Q. Did that play any role in which drivers might get the 3 orders that they wanted or orders reassigned if they wanted? 4 A. 5 somebody is that they are calling all the time. 6 that's calling and taking initiative may get more orders only 7 because they are calling and taking initiative. 8 9 Not necessarily. You know, part of getting to know So that person And if in the evening it's backed up -- I know I get hungry when I order food and I want it as fast as possible. So 10 I'm taking that into account, of just trying to get the orders 11 out to make the diners happy, to make the restaurants happy, 12 which, in turn, will make the drivers happy and makes everyone 13 happy. 14 Q. 15 decisions about whether orders should be reassigned or pushed 16 out from a restaurant, as you said, different from what the 17 algorithm had accounted for? 18 A. Sometimes I used my discretion in that. 19 Q. Was that something that you talked about with other Driver 20 Care specialists? 21 A. 22 and sometimes on a very busy night we may, you know, say: 23 look at Brooklyn and see how it's doing. 24 look at L.A. 25 I'm going to push these orders out. So were you using the information that you had to make Yes, because we talked about the jobs that we were doing Hey, I'm going to take a Oh, man, I've got a bunch of orders backed up. How are you guys doing 508 O'SHAE - DIRECT / LISS-RIORDAN 1 over there? 2 We talked amongst ourselves. We were a team. You know, 3 we were trying to do the same thing, which was to get orders to 4 diners. 5 Q. 6 the automatic system? 7 A. 8 a particular order was unassigned to them after they had 9 accepted it. And would the dispatchers do that, too? Yes. Make changes to Sometimes drivers would call in and want to know why And it would be a decision that the dispatcher 10 had made, that someone else was closer or somebody else had 11 fewer orders, and so that -- their reasoning was that they 12 could get the order to the diner faster by giving to it a 13 different driver. 14 Q. 15 coworkers, talking about the drivers who they knew and the 16 drivers who were calling and looking for other orders, did you 17 get the impression that any of them were making decisions based 18 on the drivers that they knew or that they liked? Based on the conversations that you had with your 19 MS. MARYOTT: 20 THE COURT: 21 BY MS. LISS-RIORDAN 22 Q. 23 when I was asking about the scheduling. 24 25 Objection. Leading. Sustained. Let me go back and ask you a question that I missed before You said when the blocks of time were released so the drivers could sign up for their shifts; do you remember that? 509 O'SHAE - DIRECT / LISS-RIORDAN 1 A. Yes, I do. 2 Q. Could the drivers pick particular hours that they wanted 3 to work? 4 A. They had to take the entire block. 5 Q. And what is a block? 6 A. Shifts were released in blocks of time. 7 select what block of time they wanted to work, not 8 necessarily -- if they wanted to work two hours in that block, 9 they couldn't just say: So they would I'm only going to work two hours. 10 They needed to take the entire block. 11 Q. 12 testimony -- this may have been going back to talking about the 13 Salesforce files that were on the drivers -- no, actually, let 14 me back up. And you mentioned also a little while ago in your 15 I think when you were talking about priority scheduling, 16 you mentioned that -- well, why don't you just tell us again. 17 What was your understanding of what priority scheduling might 18 be based on? 19 A. 20 training, was based upon their acceptance rate. 21 orders that they accepted versus how many that they rejected. 22 Their average time on order. 23 get the orders to the diners. 24 Q. 25 drivers? Priority scheduling, from my understanding and from our So how many So how long it was taking them to So were there various statistics that Grubhub kept on the 510 O'SHAE - DIRECT / LISS-RIORDAN 1 A. 2 Yes. MS. MARYOTT: 3 BY MS. LISS-RIORDAN 4 Q. Based on Objection. -- sorry. 5 THE COURT: 6 BY MS. LISS-RIORDAN 7 Q. 8 Grubhub keep on the drivers? 9 A. Go ahead. Based on your knowledge, what kinds of statistics did Based on my information, it was the -- how many orders a 10 particular driver took. 11 accepted. 12 Lacks foundation. How many orders were rejected or not They could see how long someone -- how long a driver took 13 on an order, so -- because they could tell when an order was 14 marked "Picked Up" and when an order was marked "Delivered." 15 They could see total miles driven. 16 Q. 17 understand were taken into account in deciding priority 18 scheduling? Okay. And those were the kind of statistics you 19 MS. MARYOTT: 20 THE COURT: 21 BY MS. LISS-RIORDAN 22 Q. 23 a driver was on shift? 24 25 Information such as that. Objection. Leading. Sustained. So tell me about your understanding of what happened when MS. MARYOTT: served as a driver. What were they supposed to do? Objection. Lacks foundation, unless she I suppose she could lay that foundation. 511 O'SHAE - DIRECT / LISS-RIORDAN 1 2 THE COURT: Well, she worked there for five months. She's right in there. 3 You can answer. 4 THE WITNESS: Okay. Thank you. 5 A. 6 their particular zone at the beginning of their shift, log 7 onto the application and await for an order to be delivered. 8 Upon -- 9 BY MS. LISS-RIORDAN My understanding was that a driver was expected to be in 10 Q. Let me stop you there. 11 A. Okay. 12 Q. They would be waiting for an order and an order would be 13 sent to them. 14 A. 15 to their mobile device. 16 Q. 17 their mobile device? 18 A. It would show up on the screen. 19 Q. And then what, if anything, would they be able to do? 20 A. They could press "Accept" or if they didn't press "Accept" 21 within so many seconds, it would basically go back to the 22 dispatch system. 23 off or log them off of the application. 24 Q. 25 to press "Accept" before that would hatch? How would an order be sent to them? It would be sent electronically from the dispatch system And how would they know that an order had come through It would turn their -- it would toggle them So was there a certain amount of time that they were given 512 O'SHAE - DIRECT / LISS-RIORDAN 1 MS. MARYOTT: 2 THE COURT: Objection. Lacks foundation. If you know. 3 A. 4 or 20 seconds in which they were -- had to accept the order. 5 I believe it was, like, 20 seconds. Somewhere between 10 Because they -- the understanding -- my understanding was 6 that if a driver wasn't available for an order, it needed to be 7 given to another driver. 8 driver indefinitely. 9 went back into the dispatch system to be given to another So it couldn't just stay with that They either needed to accept it or it 10 driver. 11 out if they didn't accept the order. 12 And that's why the system would automatically log them So they -- because the system doesn't know that they are 13 just ignoring the order. 14 didn't accept the last order. 15 BY MS. LISS-RIORDAN 16 Q. 17 would log out. 18 reject an order? 19 A. 20 that I worked there. 21 that's been added since. 22 Q. 23 when they were offered -- or when an order came through to 24 them? 25 A. The system thinks that, oh, they They must not be available. And so you said that the driver could accept it or it Was there a way for a driver to affirmatively I don't recall there being a "Deny" button at the time I don't know if it's been an update And do you know what the driver actually saw on their app What I saw when an order was delivered, all it had was the 513 O'SHAE - DIRECT / LISS-RIORDAN 1 name of the restaurant and then an "Accept" at the bottom of 2 the screen. 3 Q. Do you remember if it had an address for the restaurant? 4 A. I don't remember. 5 Q. Do you remember if it gave information about what the size 6 of the order was? 7 A. It did not. 8 Q. Do you know if it gave information on what tip might have 9 been left by the customer for that order? I'm sorry. 10 A. 11 icon for a map, like, a bubble that you would see on Google 12 Maps, and then the "Accept" button. 13 information on the screen. 14 Q. 15 "Accept"? 16 A. Yes. 17 Q. What if the driver was driving at the time that an order 18 came in? 19 A. 20 you had drivers that would call in and say: 21 an order because I'm toggled off. 22 No. It just had the name of the restaurant and then an So there was no other And then the driver had about 20 seconds, you said, to hit I had asked that question in my training. So the -- and I guess I missed Did I just miss one order? They were expected to, even if they were driving, accept 23 an order, otherwise the system would log them off. 24 Q. 25 be driving and maybe miss an order. Did you hear about -- so you just said the drivers might Did you hear about any 514 O'SHAE - DIRECT / LISS-RIORDAN 1 other occasions when drivers would say that they hadn't seen an 2 order that was sent to them? 3 MS. MARYOTT: 4 THE COURT: Objection. Leading. Overruled. 5 A. 6 Daily Driver Summary came out. 7 orders that they took. 8 the delivery fees and tips that they had made for that day. 9 it was a way for drivers to know on a day-to-day basis how 10 Usually those were calls or emails that we took when the The drivers could see how many It also gave the information regarding So their day had gone. 11 But it would also show number of rejected orders. So 12 sometimes I would take calls from drivers who said: 13 says I have an order on here that I rejected. 14 any order. 15 BY MS. LISS-RIORDAN 16 Q. And what would you do when you got that kind of call? 17 A. I would listen to their complaint. 18 information and I would usually -- I mean, I would say: 19 Unfortunately, the system tells you or says that you missed an 20 order; that you didn't accept an order. Hey, it I didn't reject So sometimes they would challenge that data. I would look at the 21 I may tell them to -- in our training we were told to talk 22 to them about technology issues; make sure that they had a good 23 signal strength, make sure that their software was updated to 24 the most recent version, including -- or their phone software 25 was updated to the most recent version. We would give them 515 O'SHAE - DIRECT / LISS-RIORDAN 1 different suggestions on how to avoid that. 2 Q. 3 they had missed an order but they didn't remember getting it, 4 could you do anything to change that or fix that in their 5 record; that they hadn't actually rejected an order? 6 A. If a driver complained that they were told by Grubhub that No -- 7 MS. MARYOTT: 8 THE COURT: 9 A. No. Objection. Assumes facts. Overruled. I could not change that information because it's -- 10 the information was coming directly from the dispatch software. 11 So we didn't change that information. 12 was. 13 BY MS. LISS-RIORDAN 14 Q. Have you ever heard the term "ghost order"? 15 A. Yes. 16 time. 17 Q. 18 complained about ghost orders? 19 MS. MARYOTT: 20 21 It was -- it was what it The drivers complained about ghost orders all the What was your understanding of what they meant when they Objection. Calls for speculation and hearsay. THE COURT: It's not hearsay. It's what Grubhub -- 22 what she was told. 23 telling the truth, but it's what she was told. 24 25 You can say that all those drivers weren't MS. MARYOTT: Your Honor, I thought she was saying what the drivers told her about. 516 O'SHAE - DIRECT / LISS-RIORDAN 1 THE COURT: It is. It is. It is saying, but what I'm 2 saying is what they told her may not be true. 3 that they called and told her, she's certainly competent to 4 testify as to what she was told and what she heard. 5 the complaints that were being made. 6 7 Those were Not offered -- it's not proof, just that they were getting those complaints. 8 9 But the fact All right. her. 10 I'm going to overrule. You can have the opportunity to cross examine Go to weight. But you don't only get to put on your witnesses, right, 11 from Grubhub? 12 can -- if it's different, then I'll weigh it and figure it out. 13 They are entitled to put on theirs and then you MS. MARYOTT: And, your Honor, I was trying to 14 understand the way that you're articulating what hearsay is. 15 won't object if I'm sure I understand. 16 17 I So you're saying that something that a driver said to her is not hearsay. 18 I just wanted to make sure I understand. THE COURT: It's not being offered for the proof that 19 that, in fact, happened, but that Grubhub was getting -- that 20 Ms. O'Shae was getting complaints that that was happening. 21 MS. MARYOTT: I understand that, your Honor, now. 22 Thank you. 23 BY MS. LISS-RIORDAN 24 Q. 25 understood the drivers were talking about when they were So, Ms. O'Shae, can you describe for me what you 517 O'SHAE - DIRECT / LISS-RIORDAN 1 complaining about ghost orders? 2 A. 3 drivers were telling us and from the questions that I asked of 4 my manager, was sometimes when an order was being given to a 5 cell phone, if their cell phone was traveling from one tower to 6 another, there may be a slight dip in service; that the system 7 would believe that it delivered the order to their phone, but 8 their phone never recognized it as being delivered. Ghost orders, from my understanding and from what the 9 It wouldn't toggle off their system necessarily. 10 but if -- again, if there was a problem communicating with 11 the -- the computer system was having a problem communicating 12 with the device, it may not be able to do that either. It may, 13 But it was basically a miscommunication between the 14 computer system and that driver's device to where that order, 15 even though the system says that it was delivered, the driver 16 never received it. 17 That's what was referred to as ghost orders. 18 Q. 19 my phone was just out of service at that time, I didn't mean to 20 reject something. 21 that's not a rejection? 22 A. 23 you know, watch your signal strength and, again, do the basic 24 troubleshooting. 25 if they -- if it's necessary, making sure that their system Okay. No. And that's what they called ghost orders. And if a driver called in and said: Hey, I think Were you able to fix that and say: Okay, We would have to apologize and just advise them to, Like I said, you know, resetting their phone 518 O'SHAE - DIRECT / LISS-RIORDAN 1 software was up to date. 2 Q. 3 service on the way to do a delivery? 4 A. 5 provider if they were having spotty service issues. 6 there wasn't really anything that we could do about that 7 because we're not the cell phone company. 8 Q. 9 complaints from drivers about having rejections show up on 10 their statements from Grubhub for orders that they didn't 11 remember getting? 12 A. 13 received, both in email and through the phone. 14 Q. 15 of what other reasons there might have been for drivers to say 16 they didn't get the orders that were -- that Grubhub said was 17 sent to them? 18 A. 19 screen and the -- their maps, there may be a technical issue. 20 Sometimes if they were driving and just weren't looking at 21 their phone at that time, they may have missed an order coming 22 in. 23 Q. 24 whether that would affect their ability to get the orders 25 coming in? Well, what if they drove through an area that had bad cell Sometimes we might suggest looking at possibly a different I mean, Were there any other reasons that you heard about or Yes. That was one of the common complaints that we What other reasons might they say that -- or are you aware Sometimes if they were toggling between the ordering What if they were talking on the phone? Do you know 519 O'SHAE - DIRECT / LISS-RIORDAN 1 2 MS. MARYOTT: Objection. Lacks foundation and calls for speculation. 3 THE COURT: If you know, and how do you know. 4 A. 5 It still should buzz or it should have some sort of ding if 6 they have their ringer on. 7 BY MS. LISS-RIORDAN 8 Q. 9 or hear if they had other apps running, that might interfere It possibly could if they had the phone up to their ear. What if they have other apps running? Did you ever know 10 with them getting an order through? 11 A. I'm sorry, I don't. 12 Q. So you mentioned some technical issues that drivers might 13 call in about with respect to the Grubhub app. 14 hear of any complaints or issues regarding drivers having 15 trouble toggling on at the beginning of their shift? 16 A. 17 beginning of when I joined Driver Care. 18 training was completed, Grubhub had put through an update to 19 their application that not all drivers knew about. 20 actually wouldn't allow them to even sign in. 21 to tell them to update the app. 22 to update the app. 23 Yes. Did you ever That actually happened quite frequently in the Shortly after our So it So we would have We would have to explain how We would have to -- in some situations people hadn't 24 updated the operating system on their phone. 25 to tell them how to do that. So we would have And then in some rare cases the 520 O'SHAE - DIRECT / LISS-RIORDAN 1 app was not compliant any more with their existing equipment, 2 so we would have to suggest that they go out and get a new 3 phone. 4 Q. 5 the app, would you say that was a common issue that you dealt 6 with? So were technical issues that drivers had toggling onto 7 MS. MARYOTT: 8 THE COURT: 9 A. Objection. Leading. Overruled. At the time that I was there, that was -- we were 10 technical services as well as customer service for the drivers. 11 BY MS. LISS-RIORDAN 12 Q. So that was a frequent source of concern from the drivers? 13 A. That was. 14 my tenure, but when we started, it was a pretty big issue. 15 Q. 16 they had been on shift, but the app hadn't recognized them as 17 having toggled on? 18 A. That was. It smoothed out towards the end of So to your knowledge, were there drivers who claimed that I'm sorry -- 19 MS. MARYOTT: 20 THE COURT: Objection. Leading. Overruled. 21 A. 22 BY MS. LISS-RIORDAN 23 Q. 24 talk to you about that they thought they had toggled in for 25 their shift, but it turned out that there had been a technical I'm sorry. Sure. Could you repeat that? Were there times when drivers would call in and 521 O'SHAE - DIRECT / LISS-RIORDAN 1 issue and Grubhub hadn't recognized them as having toggled in? 2 A. 3 just received a text that they said that they can't see me on 4 the map, but my phone is on. 5 on. 6 7 I actually received calls from drivers who said: It's fully charged. My app is What's going on? do a reset on their phone and then log back on. If I received one of those calls, I would let the dispatcher know: Hey, this person is having a technical issue. 10 They actually are ready to work. 11 Q. 12 happened? 13 A. 14 I probably took three or four of those a week. 15 Q. 16 that you and the dispatchers had where you were working, you 17 could see where the drivers were. 18 respect to that knowledge about where the drivers were in the 19 course of a shift? 20 A. 21 through a dispatcher: 22 going? 23 Are they okay? 24 25 I And we would instruct them to go ahead and toggle off and 8 9 Yeah. Don't take their shift away. Was that a common -- or how often would you say that I would say in the beginning it happened quite frequently. So you've talked about how on the screens, the monitors Did you do anything with Every once in a while I would say, you know, sometimes Hey, do you know where this driver is They look like they are going in the wrong direction. Have you talked to them? Or if someone was tag along time on an order, like an extremely long time, we might reach out to them and say: Hey, 522 O'SHAE - DIRECT / LISS-RIORDAN 1 we show this order as still in transit. 2 delivered the order? 3 from that diner's home, we would reach out to drivers just to 4 kind of understand what was going on, because we didn't know 5 unless we asked. 6 Q. How would you reach out to drivers? 7 A. We may do it through a text with -- through the 8 application or we may do it by placing an outbound call to 9 them. Have you actually Especially if it -- they were moving away 10 Q. 11 doing; that they were -- they could reassign orders or they 12 might push out orders from a restaurant. 13 you mean by pushing out orders from a restaurant? 14 A. 15 is on the left-hand side you had the map showing where everyone 16 was, and on the right-hand side for that market you had a list 17 of all the orders that were waiting to be assigned, if you 18 will. 19 You had mentioned earlier about what the dispatchers were Can you explain what So the way the system worked and the way the system looked So sometimes the system would hold those orders and -- 20 because it didn't feel like there was a close enough driver, 21 and then those would be manually assigned. 22 delivered, they may then get an order depending on where they 23 are and what order is next. 24 25 Or when drivers But it was a constant way to kind of see what was coming up next at which restaurant, you know, and what stage it was 523 O'SHAE - DIRECT / LISS-RIORDAN 1 in. 2 Q. What, if anything, would you do with that information? 3 A. If it was something -- again, if I was slow that night, I 4 may go ahead and manually dispatch some orders. 5 might ask a dispatcher: 6 this market? 7 different markets. 8 They are looking at the orders, but they are also looking at 9 the drivers. 10 Hey, do you see what's going on in Because they are cycling through all the I've got a little bit more leisure time. So I may say: Hey, did you notice this? All of a sudden we are slammed in this area. 11 THE COURT: 12 have? 13 or not. Ms. Liss-Riordan, how much longer do you I'm wondering if we're going to get the witness in today 14 MS. LISS-RIORDAN: 15 THE COURT: 16 MS. LISS-RIORDAN: 17 THE COURT: 18 Sometimes I I have quite a bit actually. Okay. I don't think we are. So why don't we take a 10-minute break then. 19 MS. LISS-RIORDAN: 20 Sure. Okay. Thank you. (Whereupon there was a recess in the proceedings 21 from 12:01 p.m. until 12:12 p.m.) 22 THE COURT: 23 proceed. 24 BY MS. LISS-RIORDAN 25 Q. All right. Ms. Liss-Riordan, you may So, Ms. O'Shae, I think before the break I had been asking 524 O'SHAE - DIRECT / LISS-RIORDAN 1 you a bit before about what the drivers, you understood, 2 actually did when they were on shift and you were walking me 3 through what happened when they accepted an order. 4 So once they accepted an order, can you tell me what would 5 happen on the app? 6 A. 7 the information with regards to who the diner was, where it was 8 going, where the actual restaurant was. 9 the order was, how many items that they had to pick up, the On the app, once they accepted the order, they could see 10 number of items. 11 diner or not. 12 It could see how big If there was a gratuity that was left by the How much the delivery fee was. It would have the full picture, if you will, instead of 13 just a snapshot. 14 Q. 15 the order? 16 A. No, it was not. 17 Q. And then once they accepted an order, how would they -- 18 how would they get there? 19 A. 20 Google Maps. 21 Q. 22 look like? 23 A. 24 rode with, it would -- they had a setting option in which they 25 could hook up to the Google Maps and they could get directions So that information was not available before they accepted There is a GPS system that was built in that was through And so how would that work, if you know? What would it My recollection of it, and the driver that I shadowed and 525 O'SHAE - DIRECT / LISS-RIORDAN 1 to each individual driver -- or each individual diner. 2 me. 3 Q. 4 by Google Maps? 5 A. 6 Some used other maps. 7 in and knew the best way to get there. 8 Q. 9 any of them did use Google Maps? Okay. Excuse Did they have to take the route that was prescribed No, they do not have to. Some did not use Google Maps. Some just knew the city that they lived Do you know from talking to drivers what they -- whether 10 A. 11 that I would receive, sometimes they would say: 12 guys would use a different software that would take into 13 account things like traffic accidents or slow-downs. 14 From my understanding, many of them did because the calls I wish you Waze was one of the applications that was mentioned they 15 wished we used because it would give more detailed information 16 regarding routes and suggest alternative routes. 17 Q. 18 anything else besides the driver app that you just described? 19 A. 20 Customer Care and Driver Care could use. 21 Did Grubhub use Google Maps, to your knowledge, for It was also a part of the order look-up tool that both My understanding was the dispatch software system was 22 based upon Google Maps as well. 23 Q. So how would you and Driver Care use Google Maps? 24 A. So if Customer Care contacted us to ask us how -- what 25 the ETA for an order was, we would use the order look-up tool 526 O'SHAE - DIRECT / LISS-RIORDAN 1 and look at the map and say: 2 Or: 3 Tell the diner 10 or 15 minutes. Tell the diner 15 or 20 minutes. We would use our discretion based upon what we knew about 4 the map or the distance and how long we thought it would take a 5 driver to get there. 6 grub as an apology if it was late. 7 Q. 8 taking a long time or running late with an order? 9 A. And then we may suggest: And were you able to see on your map if a driver was We could see how long a driver had -- or how long an order 10 had been, like, the life cycle of each order. 11 like, from the time it was delivered. 12 Offer them free We could see, There was also a color coding system in the order look-up 13 tool; that if an order was -- I believe if it was like, 10 or 14 15 minutes late, it would color it yellow. 15 that, it would color it as red. 16 If it was over So it was a -- make it easier for the Customer Care people 17 to understand whether or not the order was late, because they 18 had certain things that they could do to appease the drivers or 19 apologize to the driver -- excuse me. 20 Things that they could do to apologize to the diners or appease 21 the diners since their food was late. 22 things was giving them a credit on their next order. 23 Q. 24 red or yellow with respect to whether orders were running late? 25 A. Not drivers, diners. And one of the common And so did you use the information in any way showing the Sometimes if -- like I said, if an order was extremely 527 O'SHAE - DIRECT / LISS-RIORDAN 1 late, I may reach out to a diner -- or driver and ask them: 2 Hey, did you actually deliver this? 3 mark it as 'Delivered.' 4 'Delivered.' 5 Q. 6 when they delivered it? 7 If you did, make sure you It's currently not marked as Did sometimes drivers not mark it as "Delivered" right MS. MARYOTT: 8 BY MS. LISS-RIORDAN 9 Q. Objection. Lacks foundation. Based on your understanding -- sorry. 10 THE COURT: 11 THE WITNESS: How would you know? I would know if I called them and asked 12 them if this has been -- has this been delivered? 13 A. 14 a home, because we can see exactly where they are going. 15 they are driving away and their order hasn't been delivered at 16 that time, we may take the initiative to call them and say: 17 Hey. 18 "Delivered." 19 Q. 20 them as "Delivered" at the time that they actually did deliver 21 the order? Sometimes we can also see if someone is driving away from And remind them: If Make sure you mark these as And so from your knowledge, did the drivers always mark 22 MS. MARYOTT: 23 THE COURT: Objection. Lacks foundation. Overruled. 24 A. 25 Some drivers were just trying to get to the next order. That was the expectation, but some drivers would forget. Some 528 O'SHAE - DIRECT / LISS-RIORDAN 1 drivers were -- depending on where they were, they were double 2 parked and they were trying to get back to their car as quickly 3 as possible. 4 mistakes happen. 5 BY MS. LISS-RIORDAN 6 Q. 7 you think that Grubhub's records regarding when orders were 8 accepted and delivered -- well, no. 9 10 So based on your knowledge of how this worked, do Let me rephrase that. Do you know whether Grubhub's records regarding when orders were delivered were completely accurate? 11 12 Okay. The expectation was that they did it, but MS. MARYOTT: Objection. Lacks foundation and calls for speculation. 13 THE COURT: Well, it's okay. It's obvious. The 14 driver said it, so that's what their records show, right? 15 the drivers push the button? 16 MS. LISS-RIORDAN: 17 THE COURT: 18 MS. LISS-RIORDAN: When Right. All right. Next question. Okay. 19 BY MS. LISS-RIORDAN 20 Q. 21 that were sent to them? 22 A. 23 them off and make them unavailable to take other orders. 24 Q. 25 the orders? Ms. O'Shae, were drivers expected to accept all the orders Yes, because if they didn't accept them, it would toggle Were there any other reasons why drivers should accept all 529 O'SHAE - DIRECT / LISS-RIORDAN 1 A. 2 were given to them in the geographical location; that that's 3 why they were on shift and that's why they were working. 4 Q. Well, the expectation was that they do deliver orders that Was that made clear to the drivers? 5 MS. MARYOTT: 6 THE COURT: 7 BY MS. LISS-RIORDAN 8 Q. 9 that have any repercussions? How -- okay. Objection. Lacks foundation. Sustained. If a driver didn't accept an order, would 10 MS. MARYOTT: 11 THE COURT: Objection. Lacks foundation. If you know, and what you know. 12 A. 13 off the system and not allowed to get any other orders until 14 they logged them themselves back on. 15 BY MS. LISS-RIORDAN 16 Q. 17 the way. 18 19 The first repercussion would be that they would be logged Well, let me just stop you. If they -- I might have questions along Would they always be able to log back into the system if they got logged off? 20 MS. MARYOTT: 21 THE COURT: Objection. Lacks foundation. You can answer, if you know. 22 A. 23 toggle switch on the application. 24 BY MS. LISS-RIORDAN 25 Q. Unless they had technical issues, yes. Okay. It was a simple Do you know whether drivers might ever have been 530 O'SHAE - DIRECT / LISS-RIORDAN 1 logged off for not having -- I think you had said earlier that 2 drivers who weren't accepting orders got logged off 3 automatically because the system would assume that they weren't 4 available to work. 5 So are you aware of any drivers having complaints about 6 that they were logged off of the system for not taking orders 7 and then their shift got dropped? 8 A. 9 logged off for an amount of time, it -- they don't show up on Yeah, because, again, if they are not -- if they are 10 the map. 11 they are not on the map, they will reach out to them. 12 driver doesn't respond to that contact, then their shift may be 13 taken away or shortened to the last order that they had 14 delivered. 15 Q. 16 logged off. 17 there any other repercussions that you knew of for drivers not 18 accepting shifts -- not accepting orders? 19 A. 20 So it may impact whether or not they were going to make the 21 minimum daily or hourly rate for their market. 22 Q. 23 significance, to your understanding, of having orders count 24 against the driver's acceptance rate? 25 A. And so when the dispatchers are looking at that and Okay. Yeah. Okay. If the So if a driver doesn't accept orders, they might be They might have their shift taken away. Were Excuse me. So it would count against their acceptance rate. So explain what you mean? What was the So the expectation for drivers was that they accept all of 531 O'SHAE - DIRECT / LISS-RIORDAN 1 the orders, but there was leeway given to where -- and I want 2 to say it was around 85 percent at the time that I worked 3 there; that as long as they were above that 85 percent 4 acceptance rate. 5 So they accepted 85 percent or 85 of every 100 orders 6 given to them, they would make the minimum hour rate for their 7 market. 8 delivery fees of the orders that they actually took. 9 Q. If they did not, they could only receive the tips and So from your conversations with drivers, did it appear 10 that it was important to them to keep their acceptance rate 11 high? 12 13 MS. MARYOTT: Objection. Lacks foundation and speculation. 14 THE COURT: 15 BY MS. LISS-RIORDAN 16 Q. 17 drivers were attempting to get that minimum hourly rate? 18 19 Sustained. From conversations with drivers did it appear that the MS. MARYOTT: Objection. Lacks foundation and speculation. 20 THE COURT: 21 BY MS. LISS-RIORDAN 22 Q. 23 with respect to the acceptance rates? 24 A. 25 regarding their acceptance rate, if it dropped below that, What did drivers tell her. What kinds of things did you hear from drivers about -- I would receive calls from drivers who were concerned 532 O'SHAE - DIRECT / LISS-RIORDAN 1 because they were trying to meet -- they would say: 2 make this money. 3 I need to I'm banking on that. They would also say things like: If my acceptance rate 4 drops, I'm going to lose my preferred status. 5 to have that. 6 Q. 7 talked about? 8 A. Correct. 9 Q. Were there any other repercussions for not making the 10 I can't afford Is this the preferred status for scheduling that you acceptance rate? 11 MS. MARYOTT: 12 THE COURT: Objection. Lacks foundation. Overruled. 13 A. 14 that I know of that had their contracts terminated for not 15 meeting minimum acceptable standards. 16 BY MS. LISS-RIORDAN 17 Q. Were there any bonuses that drivers might be eligible for? 18 A. There was a -- If their acceptance rate got too low, there were drivers 19 MS. MARYOTT: 20 THE COURT: Objection. Leading. Overruled. 21 A. 22 it, because I wasn't eligible for it. 23 BY MS. LISS-RIORDAN 24 Q. 25 rate? There was a bonus. I don't remember the specifics about Do you know if it had anything to do with the acceptance 533 O'SHAE - DIRECT / LISS-RIORDAN 1 THE COURT: She said she doesn't know. 2 A. 3 BY MS. LISS-RIORDAN 4 Q. 5 appear to you important to them that they make that acceptance 6 rate, the minimum acceptance rate? Yeah. I don't remember exactly. So based on your conversations with the drivers, did it 7 MS. MARYOTT: 8 THE COURT: 9 MS. LISS-RIORDAN: Objection. Sustained. Lacks foundation. Move on. Okay. 10 BY MS. LISS-RIORDAN 11 Q. 12 that you would take from drivers. 13 I'm sorry. So we talked about some of the different kinds of calls Let me just ask you about, did you handle issues that 14 might come in either from restaurants or customers? 15 A. 16 take calls from customers. 17 every once in a while a restaurant may be transferred to us if 18 it was regarding a driver. 19 Q. 20 drivers? 21 A. 22 particular drivers. 23 that guy coming to my restaurant again. 24 had one restaurant that called in to tell us that a driver was 25 working for other companies, not just us, delivering food. I had received a few calls from restaurants. I didn't That was solely Customer Care, but What kinds of issues did you hear from restaurants about I heard issues where restaurants would complain about Sometimes they would say: I don't want Restaurants would -- I 534 O'SHAE - DIRECT / LISS-RIORDAN 1 The issue with the driver who was belligerent and 2 swearing, sometimes you would have -- I had heard from 3 restaurants that did not like where the driver is parked. 4 didn't want them to take up their parking for their customers. 5 So it could be any number of reasons why someone was 6 calling in. 7 Q. 8 you got from restaurants? 9 And what, if anything, would you do with these calls that MS. MARYOTT: Objection. 10 THE COURT: 11 then the not so big issues? 12 They Asked and answered. Didn't we do this? MS. LISS-RIORDAN: The big issues and Okay. 13 BY MS. LISS-RIORDAN 14 Q. 15 with a driver, from your understanding, did the driver have any 16 responsibility to deal with that issue? 17 Well, let me ask you this. MS. MARYOTT: Objection. 18 BY MS. LISS-RIORDAN 19 Q. 20 address it? 21 A. With the restaurants? 22 Q. Well -- 23 If a restaurant had an issue Lacks foundation. Or was it -- or was it Grubhub, Driver Care that would THE COURT: What did you do? What did you do? 24 A. 25 were there between the drivers and the restaurants and the We were kind of the liaison between all parties, so we 535 O'SHAE - DIRECT / LISS-RIORDAN 1 diners. 2 they would call us. 3 restaurant, they would call us. 4 The same with drivers. So restaurants wouldn't necessarily talk to a diner, Or a diner wouldn't necessarily talk to a A restaurant wouldn't necessarily 5 talk to a driver, they would call us. 6 necessarily talk to a restaurant. 7 A driver wouldn't And we had drivers that had problems with restaurants. 8 Restaurants that would mark orders ready for delivery that 9 weren't. 10 Q. 11 do anything to let the restaurant know that they shouldn't have 12 done that? 13 A. 14 reach out usually to Restaurant Care, which is another division 15 that would handle the restaurants. 16 restaurant and say, "Hey, you know, please don't mark orders 17 ready for pickup if they haven't even been started," you know. 18 Q. 19 a restaurant was taking along the with an order, what was a 20 driver supposed to do? 21 A. So if the that were to happen, was the driver supposed to No. They were supposed to contact us, and then we would What if a driver had multiple orders at the same time and There was -- 22 MS. MARYOTT: 23 THE COURT: 24 THE WITNESS: 25 We may make a call to that Objection. Hypothetical. Overruled. The drivers would contact us to say, "Hey, it's going to be another 15 minutes. I have four other 536 O'SHAE - DIRECT / LISS-RIORDAN 1 orders. 2 Do you want me to stay here or do you want me to go?" So there were -- 3 BY MS. LISS-RIORDAN: 4 Q. And then how would you answer those questions? 5 A. So I would -- if it was -- depending on -- I used my 6 discretion based upon how many orders that person had. 7 that was their only order, I might say, "Do you mind staying?" 8 If they had other orders, I'd say, "You know what? 9 reassign that. I'll Go ahead and go." 10 Q. 11 issues to your attention with respect to their orders? 12 say the order wasn't right, it was missing something. 13 A. 14 reach out to us. 15 Q. 16 response to customer issues? 17 18 So if Now what about issues from customers? Did customers bring Let's They would contact Customer Care and Customer Care would So I didn't hear from the customers directly. Were the drivers responsible for or able to do anything in MS. MARYOTT: Objection. Compound and lacks foundation. 19 THE COURT: 20 THE WITNESS: Overruled. So there were -- sometimes a driver, 21 let's say a drink was missed, and so they would call in and 22 say, "Hey, this customer's drink was missed. 23 hearing from them. 24 and get it?" 25 You might be Do you want me to go back to the restaurant And we would say, "No. Go on to your next order." 537 O'SHAE - DIRECT / LISS-RIORDAN 1 And when I asked about that, I was told there's no way to 2 pay them for that redelivery for that time. 3 marked as delivered, there's no way to unmark it as delivered. 4 BY MS. LISS-RIORDAN: 5 Q. 6 say, "Hey, I'm going to go back to the restaurant and get that 7 for you"? Okay. So the driver couldn't just take it upon himself to 8 MS. MARYOTT: 9 THE COURT: 10 Once an order is Objection. Calls for speculation. Overruled. THE WITNESS: Typically they would contact us first. 11 I don't know of any drivers that actually did that. 12 BY MS. LISS-RIORDAN: 13 Q. 14 wasn't right or that was mixed up, what kinds of things might 15 Grubhub do to address that issue? 16 A. 17 the correct food because a lot of these drivers have multiple 18 orders with them. 19 customer -- if the customer says, "Well, I got two burgers and 20 two fries, but I ordered one chicken sandwich and one onion 21 ring," if I see that's another order in that driver's queue, I 22 might reach out to the driver and say, "Hey, you delivered the 23 wrong food." 24 25 And if the customer had a concern about an order that We might contact the driver to find out if he delivered So we might -- depending on what the We can't take back the food, so we'll go ahead and credit that customer and apologize. 538 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. 2 mistake like that? 3 A. Correct. 4 Q. Was that something that was noted about the drivers if 5 they made mistakes like that? 6 A. 7 it may be notated in Salesforce as well. 8 Q. 9 call you -- did drivers call into Driver Care and ask for So that would cost Grubhub money when the driver made a Yeah. It would be noted in the diner's order itself and We talked a little bit about reassignments. 10 reassignments? 11 A. 12 drivers, asking for orders to be reassigned. 13 Q. Did drivers That was probably the number one reason why I talked to And how did you handle those requests? 14 MS. MARYOTT: 15 THE COURT: 16 MS. LISS-RIORDAN: 17 THE COURT: 18 THE WITNESS: Objection. Asked and answered. We did but -Actually, no. All right. You can go ahead and answer. In the beginning of my tenure, we went 19 ahead and if we had another available driver, we would go ahead 20 and reassign them. 21 BY MS. LISS-RIORDAN: 22 Q. What if you didn't have another available driver? 23 A. I would tell them, "I'm apologize. 24 drivers to reassign this to. 25 Q. I don't have any other I need you to take this order." And so did you hear the other Driver Care specialists 539 O'SHAE - DIRECT / LISS-RIORDAN 1 responding to requests for reassignment? 2 A. 3 I was on another call, I could pretty much hear everyone. 4 Q. 5 deciding who to reassign orders for? 6 A. 7 Some Driver Care people would say yes to every request. 8 kind of depended on who was answering the phone. 9 Q. I did. We sat very close to one another, so I could -- if Did you hear how other Driver Care specialists went about Some Driver Care people would say no to every request. Okay. It And then did something else happen in the course of 10 your -- with respect to reassignment requests, did something 11 else happen at some point? 12 A. 13 changed the procedures on reassignment to where all 14 reassignments were going to be counted as a reject. 15 would go against the driver's acceptance rate. 16 So towards the end of my tenure there at Grubhub, they So it And we were instructed to tell drivers when they called 17 in, you know, if they said, "Well, you know, it's outside of my 18 area," "If you don't want to take the order, then don't accept 19 it." 20 toggle them off the system. 21 Q. But the problem was if they didn't accept it, it would Do you know why -- 22 THE COURT: 23 THE WITNESS: 24 THE COURT: 25 THE WITNESS: However, they could toggle right back on? They could toggle right back on, yeah. So why was that a problem then? It showed a log-in/log-out on their 540 O'SHAE - DIRECT / LISS-RIORDAN 1 records because you can see for the daily driver summary when 2 they're active in the application. 3 they may not be able to do that right away; but if there was 4 also a problem with technology, they may not be able to do it 5 right away. 6 So if someone's driving, But it also -- I mean, one minute of time is -- if they're 7 trying to get their hourly, that's one minute less they're 8 being paid. 9 BY MS. LISS-RIORDAN: 10 Q. 11 gotten logged off but they didn't realize they had gotten 12 logged off? 13 A. 14 realize that the application logged them off. 15 Q. 16 system and not getting paid for it and not realize it? Did you ever hear from drivers concerns that they had Yes. Usually if they were looking at the map, they didn't So they might be working for a while and not be on the 17 MS. MARYOTT: 18 THE COURT: Objection. Leading. Sustained. 19 BY MS. LISS-RIORDAN: 20 Q. 21 start being counted as rejections against the drivers 22 acceptance rates? 23 A. 24 given that information that beginning on a certain date, that 25 we were going to be recounting all assignments as rejects. Who told you that reassignment requests were going to Our team was taken into a team meeting by Max Phillips and 541 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. And did this affect anything about your work? 2 MS. MARYOTT: 3 THE COURT: 4 THE WITNESS: Objection. Relevance. Overruled. It did reduce calls. That's one of the 5 things it did. 6 going to count against them, they weren't calling in to have 7 those orders reassigned anymore. 8 BY MS. LISS-RIORDAN: 9 Q. Drivers weren't -- once they knew that it was I mean, what were you -- what was your -- what was your -- 10 did you have any understanding from Grubhub about why they made 11 that change? 12 A. 13 through, there was a concern about the number of manual 14 intersessions between us reassigning orders and the software. 15 The software was built and it was proprietary software and they 16 were wanting it to learn how to dispatch. 17 When I asked about, like, why the change was going That was the thing that was stressed in our training. 18 This technology is still learning how to dispatch. 19 learning how to give these orders. 20 interaction we had with it and reassigning it changed the 21 algorithm or could interfere with the algorithm that the system 22 was based upon. 23 Q. 24 have changed the practice so that reassignment requests were 25 counted as rejections? It's And the more human Were you aware of any other reasons that Grubhub might 542 O'SHAE - DIRECT / LISS-RIORDAN 1 A. 2 orders and -- 3 Q. And handle the calls for drivers who were asking for them? 4 A. Yes. Just that it was costing a lot of staff time to reassign 5 MS. MARYOTT: 6 THE COURT: 7 BY MS. LISS-RIORDAN: 8 Q. 9 Okay. Leading. Sustained. What was your feeling about this rule change? MS. MARYOTT: 10 Objection. THE COURT: Objection. Relevance. Sustained. 11 BY MS. LISS-RIORDAN: 12 Q. 13 affected the drivers? 14 A. 15 in our procedure because, as I understood it, they were 16 independent contractors and we were penalizing them for trying 17 to make decisions on how they delivered orders. 18 stressed in our training that we couldn't tell them how to take 19 an order and, yet, we were penalizing them when they wanted an 20 order reassigned. 21 Q. So that was a concern to you? 22 A. That was a concern to me. 23 contradictory information. 24 Q. 25 that might take them over their shift? Did you have any observations about how this rule change I -- I voiced concerns to my manager regarding the change It was It seemed like it was Did drivers ever get orders near the end of their shift 543 O'SHAE - DIRECT / LISS-RIORDAN 1 A. Yes. 2 Q. And what, if anything, were they supposed to do when that 3 happened? 4 A. 5 were supposed to call in so we could adjust the end of their 6 shift so that they could be paid accurately. 7 Q. 8 until X time, if an order was to take them over the end of 9 their shift, were they still supposed to do it? When that happened, once the order was delivered, they Okay. So even though they were only signed up to work 10 A. 11 shift that they had signed up for. 12 minute before the end of the shift, if the order was delivered 13 to them in that current shift, they were expected to take it. 14 Q. 15 recognizing when the driver went over the end of their shift 16 and adjusting their time in their pay records? 17 A. At the time I was there, it was a manual process. 18 Q. So the drivers had to call in and ask to have it changed? 19 A. Correct. 20 Q. Were the drivers monitored to see whether they were 21 staying in their zones? 22 A. 23 zone, they would be contacted and asked to move back into their 24 zone. 25 Q. Yes, because the order was delivered to them during the So even if it was only one And so did Grubhub have any system for automatically Yes. They could also -- they could also e-mail. If someone was noticed to have moved out of their And what -- 544 O'SHAE - DIRECT / LISS-RIORDAN 1 A. 2 them out of their zone. 3 Q. 4 that order? 5 A. Go back to the area that they were assigned to. 6 Q. What were drivers supposed to be doing -- or let me ask 7 you this: 8 doing when they weren't doing orders, between orders? 9 10 I'm sorry. Okay. Unless they were on an active order taking And what were they supposed to do at the end of Was there any expectation of what drivers would be MS. MARYOTT: Objection. Calls for speculation. Lacks foundation. 11 THE COURT: 12 THE WITNESS: Overruled. That they were just supposed to be ready 13 and available for the next order. 14 BY MS. LISS-RIORDAN: 15 Q. Near their vehicle? 16 A. Yes. 17 Q. Did you ever deal with the situation of drivers leaving 18 their zones without permission? 19 A. 20 out of their zone, and that driver ended up toggling off. 21 did not talk to them, but I was instructed to go ahead and 22 removed the end of their block back to the last order that they 23 had delivered. 24 Q. 25 stayed in their zones? In their vehicle typically. The only time I did was contacting a driver who was going Okay. So I And were the dispatchers watching to see if they 545 O'SHAE - DIRECT / LISS-RIORDAN 1 A. My understanding was yes and my training yes. 2 Q. So, Ms. O'Shae, you've described the way the dispatchers 3 and the Driver Care specialists were interacting with the 4 drivers. 5 6 Well, let me ask you this question: understanding, did the drivers have supervisors at Grubhub? 7 MS. MARYOTT: 8 THE COURT: 9 To your Objection. Calls for speculation. Sustained. BY MS. LISS-RIORDAN: 10 Q. 11 and the dispatchers were able to have control over the drivers' 12 work? Were there ways that you would say that the Driver Care 13 14 MS. MARYOTT: Objection. Leading and calls for a legal conclusion. 15 THE COURT: Yeah. I mean, the question is what did 16 they do and she's testified as to what they do, and then you 17 can make an argument as to what that means. 18 BY MS. LISS-RIORDAN: 19 Q. 20 this: 21 have with other Driver Care specialists about the kinds of 22 decisions that were being made that you've just been talking 23 about? Did Driver Care specialists ever -- or let me ask you What kinds of conversations would you hear or would you 24 25 MS. MARYOTT: hearsay. Objection, Your Honor. I think this is It's basically employees talking around the office. 546 O'SHAE - DIRECT / LISS-RIORDAN 1 THE COURT: 2 MS. LISS-RIORDAN: 3 Yeah. But it's not going to the truth of the matter. 4 THE COURT: 5 MS. MARYOTT: 6 THE COURT: Well, what's the point of the question? What is it? You already asked what she talked about 7 with others. 8 they did and what they were doing. 9 MS. LISS-RIORDAN: She said they all talked about the work and what I get it. All right. 10 Q. 11 people who were working in Driver Care, were they following 12 regimented procedures regarding how to answer these questions 13 from drivers? 14 Well, let me ask you this: THE COURT: No, no. What I want to know is what she 15 was doing. 16 testify to, what she was doing. Okay? From your observations of the What she was doing. 17 MS. LISS-RIORDAN: 18 THE COURT: 19 MS. LISS-RIORDAN: That's what she can Okay. So ask her what she was doing. Okay. 20 Q. 21 decisions regarding the drivers? 22 A. 23 because we were a new department, we didn't have a lot of 24 references. 25 "You're going to help write the references. What were you doing when you were faced with making these I was using discretion. We didn't have a lot of -- That was something that we kept being told, You're going to be 547 O'SHAE - DIRECT / LISS-RIORDAN 1 the one to build the Wiki. 2 the next group that's coming in to learn how to do this." 3 You're going to be the one to help It was a very new department when I worked there, so we 4 were really talking and trying to figure out even amongst 5 ourselves, you know, what the best way to handle a situation 6 was. 7 Q. 8 worked in the department had the same level of experience that 9 you had doing customer-service-type work? 10 11 We were all learning. Do you know whether the other Driver Care specialists who MS. MARYOTT: Objection. Relevance and lacks foundation. 12 THE COURT: Sustained. 13 BY MS. LISS-RIORDAN: 14 Q. 15 specialists, can you say how it appeared to you that other 16 Driver Care specialists were making decisions about these 17 driver issues that came up? Based on your conversations with the other Driver Care 18 MS. MARYOTT: 19 THE COURT: 20 Sustained. MS. LISS-RIORDAN: She testified that they used And she might have had some impressions about how they were carrying that out. 23 THE COURT: 24 MS. LISS-RIORDAN: 25 Relevance. their discretion, that they were a new department. 21 22 Objection. Q. No. Move on. Sustained. Okay. Well, let me ask you this: Did you see Driver Care 548 O'SHAE - DIRECT / LISS-RIORDAN 1 specialists as having the ability to penalize drivers? 2 A. 3 reassign orders regardless of the reasons why they were being 4 asked to. 5 I did. I saw Driver Care specialists that wouldn't I saw -- 6 MS. MARYOTT: Objection. 7 THE WITNESS: I saw Driver Care specialists that 8 were -- everyone has a bad day. 9 decisions based upon your bad day. 10 11 MS. MARYOTT: Sorry. Go ahead. Sometimes you make bad Objection. Move to strike as nonresponsive. 12 THE COURT: 13 BY MS. LISS-RIORDAN: 14 Q. Overruled. In what ways could they penalize the drivers? 15 MS. MARYOTT: 16 THE COURT: 17 THE WITNESS: Objection. Asked and answered, I think. Well, you can answer. If -- we had the ability to decide 18 whether or not a reassignment was going to count against 19 somebody. 20 reassignment was going to be counted as a reject or not. 21 We had the ability to say whether or not a Some Driver Care specialists counted everything against 22 the driver regardless of if it was a missed order, if a driver 23 had any sort of problems on the road. 24 were all kind of in some ways winging it or -- in my 25 impression, if you will. There was a lot of -- we 549 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. 2 drivers being terminated? Did you ever hear any discussion in your area about 3 MS. MARYOTT: 4 THE COURT: Objection. Sustained. 5 BY MS. LISS-RIORDAN: 6 Q. 7 sat about 6 feet away from Jared Grebner? 8 A. Correct. 9 Q. Did you ever hear him talk about terminating a driver? Well, let me ask you this: 10 MS. MARYOTT: 11 THE COURT: 12 You testified earlier that you I'm going to object, Your Honor. Well, she talked about the one instance with the belligerent, profane driver. 13 THE WITNESS: Correct. 14 BY MS. LISS-RIORDAN: 15 Q. 16 about drivers being terminated? 17 MS. MARYOTT: 18 THE COURT: Okay. So generally speaking, did you hear discussions Same objection, Your Honor. This time you're offering it for the truth 19 of the matter because now you're offering it because you want 20 to prove that they were terminated for the reason that she 21 overheard. 22 So this, I think, is hearsay. MS. LISS-RIORDAN: Well, I want to put in the type of 23 discussion that went into termination decisions. 24 it's being offered for. 25 MS. MARYOTT: That's what Your Honor, may I be heard? 550 O'SHAE - DIRECT / LISS-RIORDAN 1 THE COURT: 2 MS. MARYOTT: Yes. She wasn't involved in terminations at 3 all. 4 know anything about the situations at all. She's talking about things she's overheard. 5 6 THE COURT: She's not a competent witness to testify to that. 7 8 She doesn't MS. LISS-RIORDAN: Maybe she just heard discussions about -- 9 THE COURT: 10 No. Sustained. If she had conversations with drivers, that's one thing, 11 if she had a conversation with someone else directly; but over 12 here, that's too far. 13 I'm going to sustain those objections. She also has only got one side. So, for example, you 14 said, "You know, she testified as to, 'Well, you know, I heard 15 reject,'" but she doesn't know -- as she said, she wasn't on 16 the phone with the driver -- she doesn't know what was on the 17 other side. 18 That's why I think that's not appropriate. MS. LISS-RIORDAN: Well, let me see if I can ask this: 19 Q. 20 ever hear Mr. Grebner talk with any employees at Grubhub 21 directing them to terminate drivers? Did you ever hear Mr. Grebner talk with any -- did you 22 MS. MARYOTT: Objection, Your Honor. 23 thing. 24 not any direct conversations with anyone. 25 It's the same She's talking about things she might have overheard, THE COURT: Did you ever talk to Mr. Grebner about 551 O'SHAE - DIRECT / LISS-RIORDAN 1 that? 2 3 THE WITNESS: Just about the one that I was involved in. 4 THE COURT: 5 THE WITNESS: Okay. That was the one direct conversation I 6 had regarding a termination. 7 BY MS. LISS-RIORDAN: 8 Q. 9 pay-related issues. You talked a bit before about drivers calling in about 10 A. Correct. 11 Q. Did you handle pay-related issues that drivers had? 12 MS. MARYOTT: 13 THE COURT: 14 THE WITNESS: Objection. Asked and answered. Overruled. I did. That was something I did when 15 working with -- working on e-mails. 16 e-mails that day or that schedule, a lot of those were pay 17 issues. 18 BY MS. LISS-RIORDAN: 19 Q. What kinds of pay issues? 20 A. People saying that they got underpaid. 21 that they weren't paid for the right amount of time. 22 complaining that they should have made their hourly rate and 23 didn't. 24 understand how to read their pay stub. 25 of issues or inquiries. If I was assigned to People complaining People People complaining that -- or just wanting to It was kind of a myriad 552 O'SHAE - DIRECT / LISS-RIORDAN 1 Q. Were the drivers able to negotiate their pay with Grubhub? 2 3 MS. MARYOTT: Objection. Lacks foundation. Calls for speculation. 4 THE COURT: Sustained. Sustained. 5 BY MS. LISS-RIORDAN: 6 Q. 7 issues? 8 A. 9 research whether the pay stubs were correct, whether the How did you know how to respond to these driver pay It was part of my training on how to handle it, how to 10 delivery was correct. 11 had to be involved, but that was part of our training. 12 Q. 13 issue, were you able to correct it yourself? 14 A. I was able to correct the pay if it was incorrect. 15 Q. And how would you do that? 16 A. We would go in and add it to their next check. 17 Q. So you actually were able to give them more money? 18 A. Correct. 19 Q. And then at times were you able to tell them, "No, we're 20 not going to give you more money"? 21 A. 22 meet their claim, then we would have to tell them, "I'm sorry. 23 Unfortunately, the data doesn't support this. 24 show this as being accurate." 25 Q. Sometimes there was calculations that So if you got a complaint from a driver regarding a pay Correct. If the data from the system didn't -- didn't This is -- we Was there any kind of appeal process if they disagreed 553 O'SHAE - DIRECT / LISS-RIORDAN 1 with you? 2 MS. MARYOTT: 3 THE COURT: 4 THE WITNESS: Objection. Calls for speculation. Overruled. Not to my understanding. I mean, they 5 could -- they could take it to my manager if they wanted to. 6 BY MS. LISS-RIORDAN: 7 Q. 8 about a driver ride-along. 9 driver? You mentioned way back that -- you mentioned something Did you ever ride along with a 10 A. 11 it was important for us to see what it was like to be a driver, 12 what the drivers did, how they interacted with the app, how 13 they interacted with the restaurant. 14 I did when I was in training. I was able -- they thought So I actually followed them into the restaurant to see how 15 they collected the food, how they ensured accuracy with the 16 food. 17 them because that's kind of creepy. 18 Q. 19 driver in your training? 20 A. The ride-along that I did, actually Max Phillips was with 21 me. So he sat in the front and I sat in the back. 22 Q. Do you remember talking with the driver about anything 23 during that ride-along? 24 A. 25 something that I hadn't seen before and I wanted to understand, The only thing I didn't do is go up to the door with And was anyone with you when you rode along with the I was actually very interested, you know, because it was 554 O'SHAE - DIRECT / LISS-RIORDAN 1 to be able to effectively do my job, what the drivers were 2 doing and how they were doing it and how they interacted with 3 the app. 4 They didn't have the app for us to play with as part of 5 training, so it was the first time that I got to watch the app. 6 So, yeah, I asked a lot of questions regarding, "Well, what 7 about this and what about that? 8 you -- can you show me where you change the status of the order 9 to picked up? Okay. That's cool. 10 know, mark it as delivered? 11 to the map?" 12 And how -- you know, how do Okay. Can you show me how to, you Can you show me how to get You know, so she walked me through everything. And I 13 noticed that she was doing it while it was on a cradle, and so 14 I'd asked, "You have to drive and interact with this at the 15 same time?" 16 Q. Sheepish -- what do you mean she "sheepishly laughed"? 17 A. I don't -- And she kind of sheepishly laughed and, you know. 18 MS. MARYOTT: 19 THE COURT: 20 BY MS. LISS-RIORDAN: 21 Q. Objection. Yeah. Relevance. Sustained. Did the driver seem nervous to you at all? 22 MS. MARYOTT: 23 THE COURT: 24 BY MS. LISS-RIORDAN: 25 Q. Objection. Relevance. Sustained. You had a manager with you in the car? 555 O'SHAE - DIRECT / LISS-RIORDAN 1 A. That is correct. 2 Q. Did the driver seem nervous to you? 3 MS. MARYOTT: 4 THE COURT: 5 Objection. Sustained. What difference does it make? That driver is not the plaintiff in this lawsuit. 6 MS. LISS-RIORDAN: Okay. All right. Understood. 7 Q. Were you aware of any training that the drivers got? 8 A. My understanding was they had training videos that they 9 could watch. We weren't able to watch them because they were 10 YouTube videos and they were blocked. 11 Q. Did you ever see any of them? 12 A. I think I looked them up at home to watch them a little 13 bit, but I kind of stopped because I wasn't getting paid to do 14 that. 15 Q. 16 that you saw? 17 A. 18 going to -- how to pick up an order and how to use the app. 19 And, honestly, I can't give you -- like, I can't quote it 20 verbatim because I just watched them and I was, like, "Why am I 21 doing this? 22 Q. 23 should wear? So I don't like to take my work home. Do you remember anything about the driver training videos I remember it talked about being polite and, you know, I'm not working." Do you remember whether it said anything about what they 24 MS. MARYOTT: 25 THE COURT: Objection. Sustained. Leading. 556 O'SHAE - DIRECT / LISS-RIORDAN 1 BY MS. LISS-RIORDAN: 2 Q. What did drivers wear? 3 MS. MARYOTT: 4 THE COURT: Objection. Sustained. 5 BY MS. LISS-RIORDAN: 6 Q. 7 material when they were driving? Do you know whether drivers wore any type of branded 8 MS. MARYOTT: 9 THE COURT: 10 Lacks foundation. Objection. Leading. Sustained. Were you trained on that? 11 THE WITNESS: I was -- I was trained on, like, the 12 bags and the shirts and the hats that were available to 13 drivers. 14 THE COURT: 15 MS. LISS-RIORDAN: Okay. You can ask her about her training. Okay. 16 Q. 17 the shirts and the hats? 18 A. 19 option -- one of the requirements for them to be a driver was 20 that they had to have a certain number of hot bags and at least 21 one cold bag. 22 offered to purchase Grubhub-branded bags. 23 So what do you know from the training about the bags and So as part of the onboarding process, they had the If they didn't have those bags, they were There were also shirts and hats available to them to wear 24 when they went to the restaurants so they could be easily 25 identified and, you know, the restaurants knew, "Okay. This is 557 O'SHAE - DIRECT / LISS-RIORDAN 1 the Grubhub driver." 2 Q. 3 about whether Grubhub wanted them to wear the shirts and the 4 hats? So in your training, was anything said in your training 5 MS. MARYOTT: 6 THE COURT: 7 THE WITNESS: Objection. Leading. Overruled. The -- it was -- it was implied that 8 there was a preference for that just because it was -- they 9 would make them easily recognizable to restaurants. 10 Restaurants are very busy places, especially during high-peak 11 dining times. 12 easily recognizable, "Oh, that's Grubhub. 13 for you." 14 BY MS. LISS-RIORDAN: 15 Q. 16 about any rules that were given to the drivers? So it would be very -- that would make them Were you aware of -- from your training, did you know 17 MS. MARYOTT: 18 THE COURT: 19 THE WITNESS: 20 question? 21 BY MS. LISS-RIORDAN: 22 Q. 23 Let me get the food Objection. Leading. Overruled. I'm sorry. Could you repeat the Sure. From your training, did you know of any rules or 24 suggestions that Grubhub had for how the drivers were supposed 25 to behave or act during their delivery? 558 O'SHAE - DIRECT / LISS-RIORDAN 1 A. 2 you know, like, if there's high-peak time, be respectful of the 3 restaurants and their time; be respectful of the diners; you 4 know, how to pack the food or make sure that if they have 5 drinks, it doesn't topple over. 6 7 It was -- it was talking about -- they were instructed, THE COURT: There was -- Is this from the training or from the video that you watched? 8 THE WITNESS: 9 This is from the training. But, yeah, there were certain expectations that Grubhub 10 had for its drivers on how they interacted with both the 11 restaurants and the diners. 12 BY MS. LISS-RIORDAN: 13 Q. 14 get their order and it was missing some food. 15 training, did you know whether the drivers had any instruction 16 about what they were supposed to do to ensure that the 17 customers would get the right food? 18 A. 19 ride-along as well -- is that they were supposed to count and 20 make sure and look to see that on the app that they had all the 21 items that were listed on the order, that the restaurant was 22 giving them all those correct items. 23 You had mentioned before about sometimes customers would From your One of the things -- and we learned about it during the And so they were supposed to look through the bags, open 24 them up, say, "Okay. 25 one sandwich and, you know. I have two burgers and two fries," not They were supposed to do an 559 O'SHAE - DIRECT / LISS-RIORDAN 1 inventory before leaving the restaurant to ensure accuracy of 2 the order. 3 Q. 4 Driver Care that drivers weren't doing that? And did you ever -- did it ever come to your attention in 5 MS. MARYOTT: 6 THE COURT: 7 THE WITNESS: Objection. Leading. Overruled. Yeah. That was one of the things that 8 if someone would say, "Hey, this order was short," you know, we 9 would ask them, "Did you -- you know, did you make sure that 10 you had all the items? in talking to them. 11 remind them, "Make sure, you know, that you're counting the 12 number of items that you're picking up just so they don't have 13 this issue." 14 BY MS. LISS-RIORDAN: 15 Q. 16 they should do, would anything happen? 17 And if they didn't -- if they didn't do what you said that MS. MARYOTT: 18 BY MS. LISS-RIORDAN: 19 Q. 20 21 And then we would Objection. Lacks foundation. Was any -- let me rephrase the question. Was there any record kept of when drivers were told these kinds of things? 22 MS. MARYOTT: 23 THE COURT: 24 THE WITNESS: 25 and in their Salesforce record. Objection. Lacks foundation. Overruled. Yeah. It would be in the diner's record You know, "Advise drivers -- 560 O'SHAE - DIRECT / LISS-RIORDAN 1 advise driver to inventory before leaving restaurant" would be 2 a common thing that I would type up. 3 4 In the diner's side I may say, "Item missing from order. You know, advise driver on inventory." 5 You know, like, I tried to -- if it was impacting, I made 6 notes, you know, according to the protocol that was set forth. 7 BY MS. LISS-RIORDAN: 8 Q. 9 these notes for anything that might affect the drivers? 10 11 MS. MARYOTT: THE COURT: Yeah. MS. LISS-RIORDAN: THE COURT: 17 MS. LISS-RIORDAN: Why don't you call I will but he may something Overruled -- I mean, sustained. Your Honor, I have a couple -- or actually a few more longish areas, and we're at 1:00 o'clock. 19 THE COURT: 20 MS. LISS-RIORDAN: 21 THE COURT: 22 I don't know. different than what she may say. 16 18 She's asking Mr. Grebner? 14 15 Objection, Your Honor. about things she's overheard again. 12 13 Did you ever hear Mr. Grebner talk about looking at any of day. All right. Okay. We'll stop now. Yes. So we're going to adjourn for the We'll resume at 8:30 tomorrow morning with Ms. O'Shae. 23 MR. BOUTROUS: 24 THE COURT: 25 MR. BOUTROUS: Your Honor, may I jump in on that? Yes. Because -- 561 O'SHAE - DIRECT / LISS-RIORDAN 1 THE COURT: Oh, no. We're going -- oh, no, we're 2 going to resume with Mr. Chia. 3 MR. BOUTROUS: 4 THE COURT: 5 MR. BOUTROUS: Mr. Chia -- Right. -- and then resume with her after we're 6 done with Mr. Chia. 7 THE COURT: 8 THE WITNESS: Yay. 9 MS. MARYOTT: Your Honor, I just want to raise one 10 11 So you can sleep in. more issue. The description we were given of what Ms. O'Shae would be 12 testifying about is I'll just say different from what we've 13 heard today, and I was just wondering if the Court would order 14 plaintiff's counsel to give us a more accurate summary of what 15 Ms. O'Shae is intending to testify about. 16 THE COURT: 17 Let me look. Let me look. (Pause in proceedings.) 18 THE COURT: 19 MS. MARYOTT: Well, what was inaccurate? Well, Your Honor, she said she was going 20 to testify about the function of Driver Care specialists and 21 how they interacted with drivers, but she's gone well beyond 22 that. 23 She's talked about Customer Care. 24 Restaurant Care. 25 the Grubhub delivery drivers. She's talked about She's talked about other things, knowledge of She's gone beyond that as well. 562 O'SHAE - DIRECT / LISS-RIORDAN 1 2 THE COURT: She said "as well as her knowledge of the job of a Grubhub delivery driver." 3 MS. MARYOTT: Right. And so what I want to know, 4 Your Honor, is if she's going to stick with that tomorrow or if 5 it's going to expand further, and we should be entitled to know 6 that. 7 THE COURT: 8 MS. LISS-RIORDAN: 9 10 11 12 Are you sticking to that tomorrow? I mean, I think that generally describes what her testimony has been and is going to be. THE COURT: Yeah. I think the stuff about Mr. Grebner was probably beyond that, but I stopped that in any event. MS. MARYOTT: And, Your Honor, we are also -- we're 13 going to serve a subpoena for any communications between 14 Ms. O'Shae and Ms. Liss-Riordan's firm and Mr. Lawson. 15 going to serve that tonight. 16 We just want to let the Court know. We're We're not asking the 17 Court to rule on that now, but we just wanted to advise the 18 Court we expect it to be an issue tomorrow morning. 19 THE COURT: 20 MR. BOUTROUS: 21 THE COURT: 22 MS. LISS-RIORDAN: 23 MS. MARYOTT: 24 MR. BOUTROUS: 25 THE COURT: Okay. I look forward to it. Thank you. But Mr. Chia first thing. Yes. Yes. Chia first thing. Thank you. 563 O'SHAE - DIRECT / LISS-RIORDAN 1 MR. BOUTROUS: 2 MS. MARYOTT: 3 were 5 at 8:30 a.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Thank you, Your Honor. (Whereupon at 12:59 p.m. further proceedings 4 6 Thank you, Your Honor. adjourned until Friday, September 8, 2017 564 I N D E X Thursday, September 7, 2017 - Volume 3 PLAINTIFF'S WITNESSES PAGE VOL. LAWSON, RAEF (PREVIOUSLY SWORN) Redirect Examination Resumed by Ms. Liss-Riordan Recross-Examination by Ms. Maryott Further Redirect Examination by Ms. Liss-Riordan 379 380 432 450 3 3 3 3 O'SHAE, T.J. (SWORN) Direct Examination by Ms. Liss-Riordan 454 455 3 3 - - - 565 E X H I B I T S PLAINTIFF'S EXHIBITS IDEN EVID VOL. 1006 449 3 1007 449 3 1026 449 3 1032 449 3 1033 449 3 1371 through 1376 448 3 42 413 3 43 393 3 47 387 3 1020 431 3 1431 406 3 - - - CERTIFICATE OF REPORTERS We certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. _____________________________________ Debra L. Pas, CSR 11916, CRR, RMR, RPR ____________________________________ JoAnn Bryce, CSR 3321, CRR, RMR, FCRR Thursday, September 7, 2017