Opinion
2:22-cv-01600-RSM
01-04-2023
THOMAS DOROBIALA, individually and behalf of all others similarly situated, Plaintiff, v. AMAZON.COM, INC., a Delaware corporation, Defendant.
FENWICK & WEST LLP Brian D. Buckley, Counsel for Defendant AMAZON.COM, INC. HAGENS BERMAN SOBOL SHAPIRO LLP Steve W. Berman, Barbara Mahoney, Attorneys for Plaintiff
FENWICK & WEST LLP Brian D. Buckley, Counsel for Defendant AMAZON.COM, INC.
HAGENS BERMAN SOBOL SHAPIRO LLP Steve W. Berman, Barbara Mahoney, Attorneys for Plaintiff
STIPULATION REGARDING CONSOLIDATION MOTION
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE
On November 9, 2022, Plaintiff Thomas Dorobiala filed a putative class action complaint against Amazon.com, Inc. Dkt. No. 2. On December 12, 2022, Amazon was served a copy of the complaint and summons, making its answer or response to the complaint due on January 3, 2023. On December 15, 2022, Amazon filed a notice of related cases in this and two other actions now pending before this Court: Daly v. Amazon.com, Inc., No. 2:22-cv-00910-RSM, and Nicholas v. Amazon.com, Inc., No. 2:22-cv-01616-RSM (the “Related Actions”). Dkt. No. 7. On December 19, 2022, this case was reassigned to this Court.
On December 28, 2022, Amazon filed a motion to consolidate this action with the Related Actions (the “Consolidation Motion”). The Consolidation Motion is pending in the Daly action, as the first-filed action. See Daly Dkt. No. 25. Plaintiff intends to oppose consolidation. Amazon and Plaintiff have agreed that Plaintiff may have until Friday, January 20, 2023 to file an opposition to the Consolidation Motion and Amazon may have until Wednesday, February 8, 2023 to file a reply in support of the Consolidation Motion.
In light of the Consolidation Motion, the parties stipulate and agree to suspend the deadline for Amazon to answer or otherwise respond to the complaint in this action to the date that is thirty (30) days after the Court denies Amazon's Consolidation Motion (if that occurs). If the Court grants Amazon's Consolidation Motion, and does not issue a new case schedule, the parties agree to meet and confer on a schedule for Amazon to answer or otherwise respond to any amended consolidated complaint filed in the consolidated action.
SO ORDERED.