Preview
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM INDEX NO. 155947/2023
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x:
In the Matter of the Application of, Index No. 155947/2023
DOORDASH, INC. and GRUBHUB INC., Motion Sequence No. 001
Petitioners, Hon. Nicholas W. Moyne
For Judgment Pursuant to CPLR Article 78
-against-
NEW YORK CITY DEPARTMENT OF
CONSUMER AND WORKER PROTECTION,
and VILDA VERA MAYUGA, in her official
capacity as Commissioner of the New York City
Department of Consumer and Worker Protection,
Respondents.
X
AFFIDAVIT OF MONIQUE GILLIAM
STATE OF ARIZONA )
) SS:
COUNTY OF MARICOPA )
Monique Gilliam, being first duly sworn, deposes and says:
1. My name is Monique Gilliam. I am an adult over the age of 18 and am currently
employed as Manager, Insurance Claims for DoorDash, Inc. ("DoorDash"), one of the
Petitioners in this proceeding. In that role, I have comprehensive knowledge of the insurance
policies DoorDash offers to Dashers. I have been employed by DoorDash since October 2021.
2. I submit this affidavit in support of DoorDash's Verified Article 78 Petition and
Application for a Preliminary Injunction. I am authorized to make these statements on behalf of
DoorDash. Except as otherwise stated, this declaration is based upon my personal knowledge,
my review of the books and records kept by DoorDash, and/or information reported to me in the
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FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM INDEX NO. 155947/2023
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023
regular course of business by other individuals affiliated with DoorDash with personal
knowledge of such facts.
3. DoorDash offers Dashers who use the DoorDash platform two different types of
insurance coverage. The first is personal injury protection ("PIP"), a type of medical expense
coverage available through DoorDash' s auto liability insurance for accidents that occur between
the time a Dasher accepts a delivery request and the time the order is marked as delivered,
unassigned, or canceled. Although DoorDash requires Dashers who make deliveries using an
automobile to maintain their own primary auto insurance, the PIP policy purchased by DoorDash
provides secondary coverage for personal injuries where the Dasher was driving an automobile,
is considered liable for damages or injuries to another party, and the Dasher's personal auto
policy has denied the claim. I understand that the letter attached as Exhibit J to the Affirmation
of Elizabeth Wagoner (Dkt. 49) relates to DoorDash's PIP policy.
4. DoorDash also offers occupational accident insurance, which provides coverage
for Dashers injured while making a delivery regardless of their modality of transportation (i.e.,
whether they make deliveries using automobiles, e-bikes, bicycles, or other forms of
transportation). The occupational accident policy covers medical expenses up to $1 million and
disability payments of up to $500 per week in lost earnings (less any other income the Dasher
may have) if a Dasher is injured during a delivery. All Dashers are automatically eligible for
coverage under the occupational accident policy, and do not need to enroll to obtain coverage.
DoorDash does not charge Dashers any premiums or co-pays or require them to meet a
deductible in order to access the occupational accident coverage. Dashers are also free to obtain
their own additional accidental insurance coverage from another source as they see fit, but
2
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FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM INDEX NO. 155947/2023
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023
DoorDash provides occupational accident insurance 111 order to enhance Dashers' economic
security.
5. I reserve the right to amend or supplement this affidavit in the future .
Dated: Mesa, Arizona
July 23, 2023 Moniq~rrlj
Sworn before me this 2.3 day of July, 2023 .
Notary Public
COLE FLAHAAT
Notary Public - Arizona
Maricopa County
Commission #594634
My Comm . Expires 11/16/2024
3
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FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM INDEX NO. 155947/2023
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023
ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR § 202.8-b
I, Gabriel Herrmann, an attorney duly admitted to practice law before the courts of the
State of New York, hereby certify that this Affidavit complies with the word count limit set forth
in 22 NYCRR § 202.8-b because it contains 460 words, excluding the parts of the affidavit
exempted by § 202.8-b(b). In preparing this certification, I have relied on the word count of the
word-processing system used to prepare this affidavit.
Dated: New York, New York
July 24, 2023
/s/ Gabriel Herrmann
Gabriel Herrmann
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FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM
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INDEX NO. 155947/2023
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
In the Matter of the Application of,
Index No. 155947/2023
DOORDASH, INC. and GRUBHUB INC.,
Motion Sequence No. 00 I
Petitioners,
Hon. Nicholas W. Moyne
For Judgment Pursuant to CPLR Article 78
CERTIFICATE OF
- against- CONFORMITY
NEW YORK CITY DEPARTMENT OF
CONSUMER AND WORKER PROTECTION and
VILDA VERA MAYUGA, in her official capacity
as Commissioner of the New York City Department
of Consumer and Worker Protection,
Respondents.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
STATE OF ARIZONA )
) SS:
COUNTY OF MARICOPA )
I, Joshua R. Woodard, being duly sworn, depose and say:
1. I am attorney at law duly admitted to practice in the State of Arizona.
2. I am fully acquainted with the laws of the State of Arizona pertaining to notarial acts.
3. Based upon my review, Cole Flahart's notarial acts as performed by Arizona
commissioned notaries appear to conform with the laws of the State of Arizona.
4. I am swearing to this Certificate of Conformity in accordance with the requirements of
the State of New York CPLR 2309(c).
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FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM INDEX NO. 155947/2023
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023
r s---:------\\--,1~~~ ~~--
ignat ure - Joshua R. Woodard
Swam and subscribed before me by means of ~ysical presence or _ online notarization,
this~ '1fay of July, 2023 by W
LESLIE BOONE •
Nolary Public • State cA ArizoNI
MARICOPA COUNTY
Commla.slon t 421470 Signature of Notary Public
Eicpir91 Januar, 24, 2026
Printed Name: L~,L- L
Commission Number: G;:2_\ \ e0...=---
_...=.,~;__..::.......: - -- -- -
C o mm iss ion Expiration: _ _\_j...;;;:l.=-~............,
\ ~=--to=------- - -
Type of Identification Produced [¼:'-~ c,... (\,<,vtr~ \\ct:"-IS.
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Preview
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM INDEX NO. 155947/2023 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x: In the Matter of the Application of, Index No. 155947/2023 DOORDASH, INC. and GRUBHUB INC., Motion Sequence No. 001 Petitioners, Hon. Nicholas W. Moyne For Judgment Pursuant to CPLR Article 78 -against- NEW YORK CITY DEPARTMENT OF CONSUMER AND WORKER PROTECTION, and VILDA VERA MAYUGA, in her official capacity as Commissioner of the New York City Department of Consumer and Worker Protection, Respondents. X AFFIDAVIT OF MONIQUE GILLIAM STATE OF ARIZONA ) ) SS: COUNTY OF MARICOPA ) Monique Gilliam, being first duly sworn, deposes and says: 1. My name is Monique Gilliam. I am an adult over the age of 18 and am currently employed as Manager, Insurance Claims for DoorDash, Inc. ("DoorDash"), one of the Petitioners in this proceeding. In that role, I have comprehensive knowledge of the insurance policies DoorDash offers to Dashers. I have been employed by DoorDash since October 2021. 2. I submit this affidavit in support of DoorDash's Verified Article 78 Petition and Application for a Preliminary Injunction. I am authorized to make these statements on behalf of DoorDash. Except as otherwise stated, this declaration is based upon my personal knowledge, my review of the books and records kept by DoorDash, and/or information reported to me in the 1 of 6 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM INDEX NO. 155947/2023 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023 regular course of business by other individuals affiliated with DoorDash with personal knowledge of such facts. 3. DoorDash offers Dashers who use the DoorDash platform two different types of insurance coverage. The first is personal injury protection ("PIP"), a type of medical expense coverage available through DoorDash' s auto liability insurance for accidents that occur between the time a Dasher accepts a delivery request and the time the order is marked as delivered, unassigned, or canceled. Although DoorDash requires Dashers who make deliveries using an automobile to maintain their own primary auto insurance, the PIP policy purchased by DoorDash provides secondary coverage for personal injuries where the Dasher was driving an automobile, is considered liable for damages or injuries to another party, and the Dasher's personal auto policy has denied the claim. I understand that the letter attached as Exhibit J to the Affirmation of Elizabeth Wagoner (Dkt. 49) relates to DoorDash's PIP policy. 4. DoorDash also offers occupational accident insurance, which provides coverage for Dashers injured while making a delivery regardless of their modality of transportation (i.e., whether they make deliveries using automobiles, e-bikes, bicycles, or other forms of transportation). The occupational accident policy covers medical expenses up to $1 million and disability payments of up to $500 per week in lost earnings (less any other income the Dasher may have) if a Dasher is injured during a delivery. All Dashers are automatically eligible for coverage under the occupational accident policy, and do not need to enroll to obtain coverage. DoorDash does not charge Dashers any premiums or co-pays or require them to meet a deductible in order to access the occupational accident coverage. Dashers are also free to obtain their own additional accidental insurance coverage from another source as they see fit, but 2 2 of 6 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM INDEX NO. 155947/2023 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023 DoorDash provides occupational accident insurance 111 order to enhance Dashers' economic security. 5. I reserve the right to amend or supplement this affidavit in the future . Dated: Mesa, Arizona July 23, 2023 Moniq~rrlj Sworn before me this 2.3 day of July, 2023 . Notary Public COLE FLAHAAT Notary Public - Arizona Maricopa County Commission #594634 My Comm . Expires 11/16/2024 3 3 of 6 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM INDEX NO. 155947/2023 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023 ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR § 202.8-b I, Gabriel Herrmann, an attorney duly admitted to practice law before the courts of the State of New York, hereby certify that this Affidavit complies with the word count limit set forth in 22 NYCRR § 202.8-b because it contains 460 words, excluding the parts of the affidavit exempted by § 202.8-b(b). In preparing this certification, I have relied on the word count of the word-processing system used to prepare this affidavit. Dated: New York, New York July 24, 2023 /s/ Gabriel Herrmann Gabriel Herrmann 4 of 6 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM --- INDEX NO. 155947/2023 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x In the Matter of the Application of, Index No. 155947/2023 DOORDASH, INC. and GRUBHUB INC., Motion Sequence No. 00 I Petitioners, Hon. Nicholas W. Moyne For Judgment Pursuant to CPLR Article 78 CERTIFICATE OF - against- CONFORMITY NEW YORK CITY DEPARTMENT OF CONSUMER AND WORKER PROTECTION and VILDA VERA MAYUGA, in her official capacity as Commissioner of the New York City Department of Consumer and Worker Protection, Respondents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x STATE OF ARIZONA ) ) SS: COUNTY OF MARICOPA ) I, Joshua R. Woodard, being duly sworn, depose and say: 1. I am attorney at law duly admitted to practice in the State of Arizona. 2. I am fully acquainted with the laws of the State of Arizona pertaining to notarial acts. 3. Based upon my review, Cole Flahart's notarial acts as performed by Arizona commissioned notaries appear to conform with the laws of the State of Arizona. 4. I am swearing to this Certificate of Conformity in accordance with the requirements of the State of New York CPLR 2309(c). 5 of 6 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:49 PM INDEX NO. 155947/2023 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/24/2023 r s---:------\\--,1~~~ ~~-- ignat ure - Joshua R. Woodard Swam and subscribed before me by means of ~ysical presence or _ online notarization, this~ '1fay of July, 2023 by W LESLIE BOONE • Nolary Public • State cA ArizoNI MARICOPA COUNTY Commla.slon t 421470 Signature of Notary Public Eicpir91 Januar, 24, 2026 Printed Name: L~,L- L Commission Number: G;:2_\ \ e0...=--- _...=.,~;__..::.......: - -- -- - C o mm iss ion Expiration: _ _\_j...;;;:l.=-~............, \ ~=--to=------- - - Type of Identification Produced [¼:'-~ c,... (\,<,vtr~ \\ct:"-IS. 6 of 6