Opinion
2:21-cv-00750-RSL
07-31-2023
KAELI GARNER, et al., Plaintiffs, v. AMAZON.COM, INC., a Delaware Corporation, and AMAZON.COM SERVICES LLC, a Delaware Limited Liability Company, Defendants.
BYRNES KELLER CROMWELL LLP BRADLEY S. KELLER (WSBA# 10665) Liaison Counsel for Plaintiffs and the Class LABATON SUCHAROW LLP MICHAEL P. CANTY (admitted pro hac vice) CAROL C. VILLEGAS (admitted pro hac vice) GUILLAUME BUELL (admitted pro hac vice) DAVID SALDAMANDO (admitted pro hac vice) DANIELLE IZZO (admitted pro hac vice) ROBBINS GELLER RUDMAN & DOWD LLP PAUL J. GELLER STUART A. DAVIDSON (admitted pro hac vice) MARK DEARMAN (admitted pro hac vice) NICOLLE BRITO (admitted pro hac vice) ALEXANDER C. COHEN (admitted pro hac vice) Co-Lead Counsel for Plaintiffs and the Class Brian D. Buckley, WSBA No. 26423 FENWICK & WEST LLP Brian D. Buckley Y. Monica Chan, WSBA No. 58900 Laurence F. Pulgram (admitted pro hac vice) Jedediah Wakefield (admitted pro hac vice) Armen N. Nercessian (admitted pro hac vice) Garner F. Kropp (admitted pro hac vice) Esther D. Galan (admitted pro hac vice) Counsel for Defendants AMAZON.COM, INC. and AMAZON.COM SERVICES, LLC
BYRNES KELLER CROMWELL LLP
BRADLEY S. KELLER (WSBA# 10665)
Liaison Counsel for Plaintiffs and the Class
LABATON SUCHAROW LLP
MICHAEL P. CANTY (admitted pro hac vice)
CAROL C. VILLEGAS (admitted pro hac vice)
GUILLAUME BUELL (admitted pro hac vice)
DAVID SALDAMANDO (admitted pro hac vice)
DANIELLE IZZO (admitted pro hac vice)
ROBBINS GELLER
RUDMAN & DOWD LLP
PAUL J. GELLER
STUART A. DAVIDSON (admitted pro hac vice)
MARK DEARMAN (admitted pro hac vice)
NICOLLE BRITO (admitted pro hac vice)
ALEXANDER C. COHEN (admitted pro hac vice)
Co-Lead Counsel for Plaintiffs and the Class
Brian D. Buckley, WSBA No. 26423
FENWICK & WEST LLP
Brian D. Buckley
Y. Monica Chan, WSBA No. 58900
Laurence F. Pulgram (admitted pro hac vice)
Jedediah Wakefield (admitted pro hac vice)
Armen N. Nercessian (admitted pro hac vice)
Garner F. Kropp (admitted pro hac vice)
Esther D. Galan (admitted pro hac vice)
Counsel for Defendants AMAZON.COM, INC. and AMAZON.COM SERVICES, LLC
STIPULATED MOTION TO MODIFY DISCOVERY AND PRETRIAL DATES AND ORDER
THE HONORABLE ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE
Plaintiffs and Defendants, by and through their undersigned counsel, hereby stipulate to the following:
WHEREAS, this stipulation memorializes the parties' agreement that the close of fact discovery should be extended by 75 days to October 30, 2023.
WHEREAS, on November 17, 2021, Plaintiffs filed their First Amended Consolidated Complaint against Defendants. ECF 59.
WHEREAS, on February 18, 2022, the Court issued an Order Setting Discovery and Pretrial Dates, which set December 16, 2022 as the close of fact discovery. ECF 72.
WHEREAS, on November 18, 2022, the Court granted the parties' Stipulated Motion to Modify Case Deadlines, which, among other things, set August 16, 2023 as the close of fact discovery. ECF 142 at 6.
WHEREAS, the parties' Stipulated Motion to Modify Case Deadlines also contemplated an additional extension to complete and review the parties' document production and complete fact witness depositions. Id. at 2.
WHEREAS, the parties have engaged in extensive document discovery, including document requests, interrogatories, requests for admission, discovery dispute conferences, and ten motions to compel discovery, and two of these motions to compel are fully briefed and pending with the Court, see ECF 173, 177, and the parties are still in the process of responding to each other's discovery requests, producing electronically stored information, and scheduling depositions.
WHEREAS, the parties have cooperatively discussed the need for an extension of the discovery and pretrial schedule.
WHEREAS, as part of their cooperative discussions regarding the need for such an extension of the case schedule, the parties agreed to the following:
• Depositions: All parties agree to make at least two witnesses available in August 2023 and at least three witnesses in September 2023 in order to keep fact discovery moving. For the sake of efficiency, resources, and convenience, no witnesses will be required to travel for depositions.
• Written Discovery: No party will serve new written discovery on another party, except for discovery both based on information learned in a deposition and following up on prior written discovery, supported by a citation to the deposition transcript and prior interrogatory, request for admission, or request for production.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the undersigned parties, and respectfully submitted for the Court's approval, that the fact discovery deadline will be extended by 75 days and all other deadlines in the case will be extended as reflected below.
Event
Former Deadline
Operative Deadline
Fact discovery cut-off
August 16, 2023
October 30, 2023
Last day to file motion for class certification (including expert report in support of class certification)
October 10, 2023
December 22, 2023
Last day to file opposition to class certification (including expert report in opposition to class certification)
December 8, 2023
February 27, 2024
Last day to file reply in support of class certification (including reply class certification expert report limited to any new subjects introduced in opposition report)
January 11, 2024
March 28, 2024
IT IS SO STIPULATED.
ORDER
Pursuant to the Parties' Stipulated Motion to Modify Discovery and Pretrial Dates, it i; HEREBY ORDERED that the deadline for the close of fact discovery and subsequent case deadlines be extended as shown follows:
Event
Former Deadline
Operative Deadline
Fact discovery cut-off
August 16, 2023
October 30, 2023
Last day to file motion for class certification (including expert report in support of class certification)
October 10, 2023
December 22, 2023
Last day to file opposition to class certification (including expert report in opposition to class certification)
December 8, 2023
February 27, 2024
Last day to file reply in support of class certification (including reply class certification expert report limited to any new subjects introduced in opposition report)
January 11, 2024
March 28, 2024
IT IS HEREBY ORDERED.