Opinion
2:21-cv-00693-JHC
04-22-2024
ELIZABETH DE COSTER, et al., on behalf of themselves and all other similarly situated, Plaintiffs, v. AMAZON.COM, INC., a Delaware corporation, Defendant.
Davis Wright Tremaine LLP John A. Goldmark, WSBA #40980 MaryAnn Almeida, WSBA #49086 PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Karen L. Dunn William A. Isaacson Amy J. Mauser Martha L. Goodman Kyle Smith Attorneys for Defendant Amazon.com, Inc. HAGENS BERMAN SOBOL SHAPIRO LLP Steve W. Berman (WSBA No. 12536) Barbara A. Mahoney (WSBA No. 31845) Anne F. Johnson KELLER POSTMAN LLC Shane Kelly Zina G. Bash Jessica Beringer Shane Kelly Daniel Backman Interim Co-Lead Counsel for Plaintiffs and the proposed Class KELLER ROHRBACK L.L.P. Derek W. Loeser (WSBA No. 24274) QUINN EMANUEL URQUHART & SULLIVAN, LLP Alicia Cobb, WSBA # 48685 Steig D. Olson David D. LeRay Nic V. Siebert Maxwell P. Deabler-Meadows Adam B. Wolfson Interim Executive Committee for Plaintiffs and the proposed Class
NOTE ON MOTION CALENDAR: April 22, 2024
Davis Wright Tremaine LLP John A. Goldmark, WSBA #40980 MaryAnn Almeida, WSBA #49086 PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Karen L. Dunn William A. Isaacson Amy J. Mauser Martha L. Goodman Kyle Smith Attorneys for Defendant Amazon.com, Inc.
HAGENS BERMAN SOBOL SHAPIRO LLP Steve W. Berman (WSBA No. 12536) Barbara A. Mahoney (WSBA No. 31845) Anne F. Johnson KELLER POSTMAN LLC Shane Kelly Zina G. Bash Jessica Beringer Shane Kelly Daniel Backman Interim Co-Lead Counsel for Plaintiffs and the proposed Class
KELLER ROHRBACK L.L.P. Derek W. Loeser (WSBA No. 24274) QUINN EMANUEL URQUHART & SULLIVAN, LLP Alicia Cobb, WSBA # 48685 Steig D. Olson David D. LeRay Nic V. Siebert Maxwell P. Deabler-Meadows Adam B. Wolfson Interim Executive Committee for Plaintiffs and the proposed Class
STIPULATED MOTION AND ORDER TO EXTEND THE DEADLINE FOR AMAZON TO RESPOND TO SECOND CONSOLIDATED AMENDED COMPLAINT AND SET BRIEFING SCHEDULE
JOHN H. CHUN UNITED STATES DISTRICT JUDGE
STIPULATED MOTION
Pursuant to Local Civil Rules 7(d)(1) and 10(g), the parties and their respective counsel hereby stipulate and agree to extend the deadline for Amazon to respond to Plaintiffs' Second Consolidated Amended Complaint (“SCAC”) and set briefing schedule, subject to the Court's approval.
1. On April 2, 2024, Plaintiffs filed their motion for leave to amend their complaint. [Dkt. 113]
2. On April 15, 2024, Amazon filed a Response to Plaintiffs' motion to amend and cross-motion requesting an order extending the deadline for Amazon to respond to Plaintiffs' SCAC. [Dkt. 119]
3. In Amazon's response and cross-motion, Amazon consented to Plaintiffs amending their complaint, but explained that the parties disagreed on the deadline for Amazon to respond to Plaintiffs' SCAC. [Id.]
4. The Court granted Plaintiffs' motion for leave to amend on April 19, 2024. [Dkt. 123] Plaintiffs are required to file their SCAC within ten days of the Court's April 19, 2024 order. [Id.]
5. The Court separately noted that the only outstanding issue was Amazon's crossmotion to extend the deadline to respond to Plaintiffs' SCAC. [Id.]
6. Counsel for both parties have further conferred and stipulate (subject to the Court's approval) that Amazon shall file its answer within ninety days of Plaintiffs filing their SCAC. To the extent Amazon moves to dismiss the SCAC: (i) Amazon shall move to dismiss within thirty days of Plaintiffs filing their SCAC; (ii) Plaintiffs will have twenty-one days to file their response to Amazon's motion to dismiss; and (iii) Amazon will have eleven days to file its reply in support of its motion to dismiss.
7. Amazon's cross-motion requesting an order extending the deadline for Amazon to respond to Plaintiffs' SCAC [Dkt. 119] is resolved by the Parties' stipulated motion.
IT IS SO STIPULATED.
ORDER
The Court GRANTS the Parties' stipulated motion. Amazon shall file its answer to Plaintiffs' Second Amended Consolidated Complaint within ninety days. In the alternative, if Amazon moves to dismiss the SCAC: (i) Amazon shall move to dismiss within thirty days of Plaintiffs filing their SCAC; (ii) Plaintiffs will have twenty-one days to file their response to Amazon's motion to dismiss; and (iii) Amazon will have eleven days to file its reply in support of its motion to dismiss. Amazon's cross-motion requesting an order extending the deadline for Amazon to respond to Plaintiffs' SCAC (Dkt. # 119) is resolved by the Parties' stipulated motion-the Court STRIKES that motion as moot.