Opinion
2:22-CV-00269-JHC
10-30-2023
AVELARDO RIVERA and YASMINE ROMERO, individually and on behalf of all others similarly situated, Plaintiffs, v. AMAZON WEB SERVICES, INC., a Delaware corporation, Defendant.
Ryan Spear, WSBA No. 39974 Nicola Menaldo, WSBA No. 44459 Perkins Coie LLP Attorneys for Defendant AMAZON WEB SERVICES, INC J. Eli Wade-Scott (admitted pro hac vice) Schuyler Ufkes (admitted pro hac vice) EDELSON PC Attorneys for Plaintiffs Avelardo Rivera and Yasmine Romero
Ryan Spear, WSBA No. 39974
Nicola Menaldo, WSBA No. 44459
Perkins Coie LLP
Attorneys for Defendant AMAZON WEB SERVICES, INC
J. Eli Wade-Scott (admitted pro hac vice)
Schuyler Ufkes (admitted pro hac vice)
EDELSON PC
Attorneys for Plaintiffs Avelardo Rivera and Yasmine Romero
STIPULATED MOTION TO EXTEND DISCOVERY RELATED DEADLINES AND ORDER
HONORABLE JOHN H. CHUN, UNITED STATES DISTRICT JUDGE
Pursuant to Local Civil Rules 7(d)(1) and 10(g), Defendant Amazon Web Services, Inc. (“AWS”) and Plaintiffs Avelardo Rivera and Yasmine Romero, respectfully move the Court in the above-captioned matter for a short extension of the following discovery-related deadlines:
Event
Original Deadline
Proposed Deadline
Completion of Fact Discovery (Merits Issues and Class Certification Issues)
October 30, 2023
October 30, 2023
Deadline to hold final 30(b)(6) deposition
December 4, 2023
Deadline to move to compel source code
December 11, 2023
Disclosure of Plaintiffs' Expert(s) and Expert Report(s) regarding Class Certification
November 27, 2023
No deadline (plaintiffs do not plan to disclose experts regarding class certification)
Following the Court's ruling on Plaintiffs' motion for class certification, the Parties will confer and will propose a schedule for the Court's consideration which will include a schedule for merits-based expert discovery.
In support of the foregoing requests for relief, the Parties state as follows:
1. On July 24, 2023, Plaintiffs filed a Motion to Compel Responses to Certain Discovery Requests. See Dkt. 83. AWS filed its Response to the Motion to Compel on September 8, 2023, and Plaintiffs filed their Reply on September 16, 2023.
2. The Court entered an Order granting in part and denying in part Plaintiffs' Motion to Compel and extended the deadline for completion of fact discovery until October 30, 2023. See Dkt. 116.
3. In relevant part, the Order required AWS to produce certain discovery, id. at 5, and to provide for deposition a Rule 30(b)(6) witness regarding IndexFaces or, alternatively, to re-designate prior deposition testimony regarding IndexFaces as corporate testimony, id. at 3-4. Finally, the Court held that AWS was not required to produce source code at that time because the reopening or re-designation of Rule 30(b)(6) deposition would likely cover this issue. Id. at 4.
4. On October 4, 2023, the Court entered a Scheduling Order Regarding Class Certification which set the following deadlines:
• Completion of Fact Discovery (Merits Issues and Class Certification Issues): October 30, 2023
• Disclosure of Plaintiff's Expert(s) and Expert Report(s) regarding Class Certification: November 27, 2023
• Disclosure of Defendant's Expert(s) and Expert Report(s) regarding Class Certification: January 2, 2024
• Completion of Expert Discovery regarding Class Certification: February 19, 2024
• Plaintiff's Deadline to Move for Class Certification: March 18, 2024
• Defendant's Deadline to Respond to Motion for Class Certification: April 18, 2024
• Plaintiff's Deadline to Reply in support of Class Certification: May 9, 2024
5. Since the Court's Order on the Motion to Compel, the Parties have worked diligently to complete custodial discovery and to provide additional testimony regarding IndexFaces, both through redesignation of prior testimony as well as agreeing upon topics for an additional 30(b)(6) deposition. Consistent with the Court's order, AWS is on track to produce custodial documents by the close of fact discovery on October 30, 2023. AWS has also agreed to another three-hour 30(b)(6) deposition covering various topics relating to IndexFaces.
6. Due to scheduling issues, the Parties agree that they require additional time to prepare for, schedule, and complete the 30(b)(6) deposition-which is currently scheduled for December 4, 2023-after which time Plaintiffs may move to compel the production of AWS's source code. The Parties also agree that, given the complexity of this case, the possibility of a further motion to compel, as well as the approaching holidays and pre-planned absences of parties and counsel, that an extension is appropriate regarding the deadlines for expert disclosures and class certification briefing. As such, good cause exists for these extensions.
WHEREFORE, the Parties respectfully request that the Court enter an order extending existing case deadlines in accordance with this Stipulated Motion.
I certify that this motion contains 690 words, in compliance with the Local Civil Rules.
ORDER TO EXTEND DISCOVERY RELATED DEADLINES
NOTE ON MOTION CALENDAR: OCTOBER 27, 2023
ORDER
IT IS SO ORDERED.