Opinion
18-cv-0525-RSL
01-04-2023
ADRIENNE BENSON and MARY SIMONSON, individually and on behalf of all others similarly situated, Plaintiffs, v. DOUBLE DOWN INTERACTIVE, LLC, a Washington limited liability company, and INTERNATIONAL GAME TECHNOLOGY, a Nevada corporation, and IGT, a Nevada corporation, Defendants.
EDELSON PC Rafey S. Balabanian* Todd Logan* Brandt Silver-Korn* Jay Edelson* Alexander G. Tievsky, WSBA #57125 Amy B. Hausmann* Edelson PC Cecily C. Jordan, WSBA #50061 Tousley Brain Stephens PLLC Class Counsel and Attorneys for Plaintiffs *Admitted pro hac vice LAW OFFICES OF ANTHONY S. WISEN, PLLC Anthony S. Wisen, WSBA #39656 Attorney for Nonparty Amazon.com, Inc.
EDELSON PC Rafey S. Balabanian* Todd Logan* Brandt Silver-Korn* Jay Edelson* Alexander G. Tievsky, WSBA #57125 Amy B. Hausmann* Edelson PC Cecily C. Jordan, WSBA #50061 Tousley Brain Stephens PLLC Class Counsel and Attorneys for Plaintiffs *Admitted pro hac vice
LAW OFFICES OF ANTHONY S. WISEN, PLLC Anthony S. Wisen, WSBA #39656 Attorney for Nonparty Amazon.com, Inc.
STIPULATED MOTION AND ORDER RE: NONPARTY AMAZON.COM, INC.'S PRODUCTION OF DOCUMENTS
ROBERT S. LASNIK, UNITED STATES DISTRICT JUDGE
Since the filing of Plaintiffs' Motion to Compel Nonparty Amazon.com, Inc. (“Amazon”) to Produce Documents, see Dkt. #515, Class Counsel and counsel for Amazon have continued to meet and confer regarding Plaintiffs' Subpoena. Class Counsel and counsel for Amazon have agreed-subject to Court approval-to the following:
1. Amazon will complete production of documents responsive to all three Requests for Production in Plaintiffs' Subpoena, Dkt. #516-1, on or before January 17, 2023, to include:
a. Data for the U.S. marketplace, for customers who spent more than $0 but less than or equal to $100 on purchases associated with the apps Double Down Casino and Ellen's Road to Riches (the “Apps”) on or before November 14, 2022, to include: (1) customer name, (2) email address, and (3) total purchases;
b. Data for the U.S. marketplace, for customers who spent more than $100 on purchases associated with the Apps on or before November 14, 2022, to include: (1) customer name, (2) email address, (3) phone number, (4) physical address, and (5) total purchases; and c. The total dollar value of U.S. marketplace net customer spending in the Apps, from April 1, 2014 - June 30, 2022.
2. Amazon's production obligations as set forth herein are subject to entry of a Stipulation and Order re Agreed Rider to Protective Order Regarding the Use and Disclosure of Discovery Produced by Nonparty Amazon.com, Inc. (the “Rider”), which shall be similar to the agreed rider previously used by Amazon and Class Counsel in Ferrando v. Zynga Inc., Case No. 2:22-cv-00214-RSL, Dkt. No. 38.
3. Plaintiffs' Motion to Compel, Dkt. #515, will be renoted to January 20, 2023.
4. Assuming that Amazon satisfactorily completes production on or before January 17, 2023, Plaintiffs will withdraw their Motion to Compel by January 18, 2023.
5. In the event that Plaintiffs do not withdraw their Motion (e.g., because Amazon does not timely produce or there is a dispute over the sufficiency of the production), Amazon may file a response to Plaintiffs' Motion to Compel, up to five pages, by January 18, 2023.
Plaintiffs may file a reply, up to five pages, by January 20, 2023.
Class Counsel and Amazon respectfully request that the Court grant this stipulated motion and enter the attached Proposed Order.
IT IS SO STIPULATED, THROUGH CLASS COUNSEL OF RECORD AND BY COUNSEL FOR NONPARTY AMAZON.COM, INC.
ORDER
This stipulated motion is GRANTED. The Court ORDERS as follows:
1. Amazon shall complete production of documents to all three requests in Plaintiffs' Subpoena, Dkt. #516-1, on or before January 17, 2023, and shall comprise the data described in the foregoing Stipulation.
2. Amazon's production obligations as set forth herein are subject to entry of the Rider described in the foregoing Stipulation.
3. The Clerk of Court is directed to renote plaintiffs' Motion to Compel, Dkt. #515, to January 20, 2023.
4. In the event that Plaintiffs do not withdraw the Motion to Compel, Amazon's response to the Motion shall be filed by January 18, 2023, and shall be no more than 5 pages. Any reply shall be filed by January 20, 2023, and shall be no more than 5 pages.