Giorgio v. International

Background

Plaintiffs Nancy Owen and Antoinette Wachtl asked the court to require discovery relevant to WW International, Inc.’s motion to compel arbitration. The dispute concerns whether the plaintiffs agreed to an arbitration provision through the Weight Watchers membership sign-up process.

Plaintiffs argued that defendants’ supporting declaration described a sign-up process and membership agreement that did not match the processes the plaintiffs allegedly used. They also asserted that the membership agreements linked in their membership receipts did not contain an arbitration provision. Defendants had produced four documents but objected to most of the remaining discovery requests.

Requested Discovery

The requested materials included:

- Screens that the plaintiffs allegedly would have seen when signing up or renewing memberships; - The versions of the membership agreements or other terms applicable to the plaintiffs; - Documents or communications about changes to the membership terms; - A limited deposition of Edward Cai concerning his declarations, the materials supporting them, and records of assent to the terms; and - Two interrogatory answers identifying people who helped prepare the Cai Declaration and identifying agreements containing arbitration provisions.

Plaintiffs argued that this discovery was necessary to test whether an arbitration agreement existed and whether the plaintiffs had agreed to it. The letter also asked for an informal conference about the discovery dispute.

Ruling

Judge Ronnie Abrams granted plaintiffs’ request for a conference. Defendants were given until October 31, 2025, to respond to the letter-brief. The court scheduled a conference for November 5, 2025, at 1:00 p.m., presumptively by telephone.

The provided order does not grant or deny the requested discovery, and it does not decide defendants’ motion to compel arbitration. It only schedules the parties’ discussion of the discovery dispute.