Opinion
2:22-cv-00617-JHC 2:22-cv-00934-JHC 2:22- cv-00950-JHC
04-08-2024
SONNY JOYCE, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. AMAZON.COM, INC., ANDREW R. JASSY, JEFFREY P. BEZOS, BRIAN T. OLSAVSKY, DAVID A. ZAPOLSKY, NATE SUTTON, DAVE CLARK, JEFF WILKE, and DOUG HERRINGTON, Defendants. ASBESTOS WORKERS PHILADELPHIA WELFARE AND PENSION FUND, on behalf of itself and all others similarly situated, Plaintiff, v. AMAZON.COM, INC., ANDREW R. JASSY, BRIAN T. OLSAVSKY, DAVID FILDES, DAVE CLARK, JEFF WILKE, and DOUG HERRINGTON, Defendants. DETECTIVES ENDOWMENT ASSOCIATION ANNUITY FUND, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. AMAZON.COM, INC., ANDREW R. JASSY, BRIAN T. OLSAVSKY, DAVID FILDES, DAVE CLARK, JEFF WILKE, and DOUG HERRINGTON. Defendants.
BRESKIN, JOHNSON & TOWNSEND, PLLC Roger M. Townsend Local Counsel for Lead Plaintiffs. FENWICK & WEST LLP Brian D. Buckley, PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Daniel J. Kramer Audra J. Soloway Alison R Benedon Martha L. Goodman Counsel for Defendants. MOTLEY RICE LLC Gregg S. Levin William S. Norton Joshua C. Littlejohn Christopher F. Moriarty Co-Lead Counsel for Lead Plaintiffs and the Class. POMERANTZ LLP Jeremy A. Lieberman Emma Gilmore Dolgora Dorzhieva Villi Shteyn Orly Guy Givatayim, Israel Co-Lead Counsel for Lead Plaintiffs and the Class. BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP James A. Harrod Additional Counsel. BARRACK, RODOS & BACINE Stephen R. Basser Samuel M. Ward Jeffrey A. Barrack Counsel for the Detectives Endowment Association Annuity Fund.
BRESKIN, JOHNSON & TOWNSEND, PLLC Roger M. Townsend Local Counsel for Lead Plaintiffs.
FENWICK & WEST LLP Brian D. Buckley, PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Daniel J. Kramer Audra J. Soloway Alison R Benedon Martha L. Goodman Counsel for Defendants.
MOTLEY RICE LLC Gregg S. Levin William S. Norton Joshua C. Littlejohn Christopher F. Moriarty Co-Lead Counsel for Lead Plaintiffs and the Class.
POMERANTZ LLP Jeremy A. Lieberman Emma Gilmore Dolgora Dorzhieva Villi Shteyn Orly Guy Givatayim, Israel Co-Lead Counsel for Lead Plaintiffs and the Class.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP James A. Harrod Additional Counsel.
BARRACK, RODOS & BACINE Stephen R. Basser Samuel M. Ward Jeffrey A. Barrack Counsel for the Detectives Endowment Association Annuity Fund.
STIPULATED MOTION FOR LEAVE TO FILE OVER-LENGTH BRIEFING WITH RESPECT TO DEFENDANTS' MOTION TO DISMISS SECOND CONSOLIDATED CLASS ACTION COMPLAINT NOTED ON MOTION CALENDAR: APRIL 8, 2024
JOHN H. CHUN, JUDGE.
Pursuant to Local Rule 7(f), the parties respectfully request that the Court grant leave to file over-length briefing in connection with Defendants' forthcoming motion to dismiss the Second Consolidated Class Action Complaint (“Complaint”) (Dkt. No. 95).
Plaintiffs' 252-page Complaint asserts claims for alleged violations of Section 10(b) of the Exchange Act and Section 20(a) of the Exchange Act. The 769 paragraphs in the Complaint alleges dozens of misrepresentations and omissions concerning Amazon's relationship with third-party sellers and the capacity of Amazon's fulfillment network against 10 Defendants (including 3 new Individual Defendants).
In anticipation of Defendants' motion to dismiss, counsel for the parties met and conferred regarding the appropriate number of words for the parties to adequately brief that motion. Given the breadth and complexity of the allegations, claims, and legal arguments involved, the parties agree and submit that the standard word limits under Local Rule 7(e) will not allow the parties to adequately cover all of the issues. Accordingly, the parties respectfully request that the Court modify the word limitations for the briefing associated with Defendants' forthcoming motion to dismiss as follows:
| Briefing | Additional words requested | Total word limit |
| Defendants' opening brief | 1,400 | 9,800 |
| Plaintiffs' opposition brief | 1,400 | 9,800 |
| Defendants' reply brief | 700 | 4,900 |
ORDER
THIS MATTER comes before the Court, pursuant to Local Rule 7(f), on the Stipulated Motion For Leave To File Over-Length Briefing With Respect To Defendant's Motion To Dismiss Second Consolidated Class Action Complaint (“Stipulated Motion”), filed jointly by the parties. The Stipulated Motion requests that the Court grant the parties leave to file briefing with respect to Defendants' forthcoming motion to dismiss that exceeds the standard word limitations under Local Rule 7(e).
Having reviewed the parties' Stipulated Motion, it is HEREBY ORDERED that:
The parties' Stipulated Motion is GRANTED. Defendants are granted leave to file an opening brief with an additional 1,400 words, for a total of 9,800 words; Plaintiffs are granted leave to file an opposition brief with an additional 1,400 words, for a total of 9,800 words; and Defendants are granted leave to file a reply brief with an additional 700 words, for a total of 4,900 words.
SO ORDERED.