Opinion
2:22-CV-00269-JHC
12-19-2023
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. Schuyler Ufkes J. Eli Wade-Scott (admitted pro hac vice) ewadescott@edelson.com Schuyler Ufkes (admitted pro hac vice) sufkes@edelson.com EDELSON PC Attorneys for Plaintiffs Avelardo Rivera and Yasmine Romero
NOTE ON MOTION CALENDAR: DECEMBER 19, 2023
Ryan Spear, WSBA No. 39974
Nicola Menaldo, WSBA No. 44459
Perkins Coie LLP
Attorneys for Defendant AMAZON WEB SERVICES, INC.
Schuyler Ufkes
J. Eli Wade-Scott (admitted pro hac vice) ewadescott@edelson.com
Schuyler Ufkes (admitted pro hac vice) sufkes@edelson.com
EDELSON PC
Attorneys for Plaintiffs
Avelardo Rivera and Yasmine Romero
STIPULATED MOTION AND ORDER TO EXTEND DEADLINES
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 (collectively, the “Parties”), jointly move the Court for short extensions of the following discovery-related deadlines and for a stay of class certification and related expert discovery deadlines:
Item
Current
Deadline
Amended Deadline Plaintiffs' Motion to Set Additional Discovery Deadlines (Dkt. 129)
AWS's response deadline: December 26, 2023 Plaintiffs' reply deadline: December 29, 2023
AWS does not oppose Plaintiffs' Motion to Set Additional Discovery-Related Deadlines (Dkt. 129). However, AWS does not waive the argument that this Motion was
filed untimely on December 11, 2023.
Plaintiffs' Motion to Seal relating to Motions for Extensions (Dkt. 125)
AWS's response deadline: December 26, 2023 Plaintiffs' reply deadline: December 29, 2023
AWS's response deadline: January 9, 2024 Plaintiffs' reply deadline: January 26, 2024
AWS's Motion for Clarification (Dkt. 131)
Plaintiffs' response deadline: December 26, 2023 AWS's reply deadline: December 29, 2023
Plaintiffs' response deadline: January 9, 2024 AWS's reply deadline: January 26, 2024
Plaintiffs' deadline to move to compel related to privilege log
No deadline
February 9, 2024
Ifapplicable: Plaintiffs' deadline to move to compelx Wiki and landmark testing documents
No deadline
January 25, 2024. AWS does not waive the argument that any such motion would be untimely, but agrees to brief the issue after January 25, 2024.
AWS's expert disclosures
Jan. 31, 2024
Stayed and to be revisited after the Court's order on AWS's Motion for Clarification (Dkt. 131)
Plaintiffs' rebuttal expert disclosures
March 1, 2024
Stayed and to be revisited after the Court's order on AWS's Motion for Clarification
Completion of expert discovery regarding class certification
April 1, 2024
Stayed and to be revisited after the Court's order on AWS's Motion for Clarification
Deadline to file Daubert motions
May 1, 2024
Stayed and to be revisited after the Court's order on AWS's Motion for Clarification
Deadline to file for class certification
May 1, 2024
Stayed and to be revisited after the Court's order on AWS's Motion for Clarification
Deadline to respond to motion for class certification
June 12, 2024
Stayed and to be revisited after the Court's order on AWS's
Reply in support of class certification
May 9, 2024
Stayed and to be revisited after the Court's order on AWS's Motion for Clarification
Joint status report and proposed deadlines through class certification
No deadline
30 days after the Court's order on AWS's Motion for Clarification
In support of the foregoing requests for relief, the Parties state as follows:
1. On September 27, 2023, the Court entered an Order granting in part and denying in part plaintiffs' Motion to Compel. See Dkt. 116 (the “Motion to Compel Order”). In relevant part, the Court ordered that AWS produce additional custodial discovery and provide additional corporate testimony.
2. On October 4, 2023, the Court entered a scheduling order regarding class certification, which set additional deadlines for the completion of fact discovery, expert discovery, and the briefing schedule for plaintiffs' upcoming motion for class certification. Dkt. 117.
3. On October 30, 2023, the Parties filed a Stipulated Motion to Extend Discovery Related Deadlines (Dkt. 122) requesting certain extensions so that they could prepare for, schedule, and complete an additional Rule 30(b)(6) deposition to comply with the Court's Motion to Compel Order (Dkt. 116).
4. The Parties have worked diligently to complete the additional discovery ordered by the Court and have completed custodial discovery and an additional Rule 30(b)(6) deposition. Further, AWS produced a privilege log related to its October 30, 2023 production on November 29, 2023, which plaintiffs are reviewing.
5. Recently, the Parties each filed motions, which, per the Court's normal briefing schedule, would require the Parties to file responses on or near the winter holidays. For example, under the current schedule, AWS's responses to plaintiffs' Motion to Set Additional Discovery Deadlines and Motion to Seal would be due December 26, 2023, and plaintiffs' Response to AWS's Motion for Clarification would be due the same day.
6. Counsel for both Parties have pre-planned absences during the holiday season that conflict with the briefing schedule on the Parties' recently-filed motions. Additionally, witness declarations will be required to support plaintiffs' motion to seal, but the relevant witnesses and in-house counsel for AWS have pre-planned absences during the holidays as well.
7. Disposition of the AWS's pending Motion for Clarification, Dkt. 131, is critical to the efficient administration of the matter, as are the Court's rulings on any future motions to compel that Plaintiffs seek to file, see Dkt. 129. For that reason, the Parties request that the Court stay all currently-set expert discovery and class certification deadlines, as outlined above, until the Court rules on AWS's Motion for Clarification.
8. The Parties agree that, given the complexity of this case, the importance of the Parties' motions, as well as the approaching holidays and pre-planned absences of the Parties and counsel, that an extension is appropriate regarding the deadlines for the recently-filed motions, and that a short stay is appropriate for expert disclosures and class certification briefing. As such, good cause exists for these extensions.
9. Within thirty days of the Court's ruling on AWS's Motion for Clarification, the Parties agree to submit a joint status report to the Court that includes proposed deadlines through class certification.
WHEREFORE, the Parties respectfully request that the Court enter an order extending existing case deadlines in accordance with this Stipulated Motion.
LCR 7(e) Certification
LCR 7(e) Certification I certify that this memorandum contains 904 words, in compliance with the Local Civil Rules.
Ryan Spear
ORDER
IT IS SO ORDERED.