Keller et al v. Amazon.com, Inc. et al

Filing 20

STIPULATION AND ORDER RE 19 AMENDING BRIEFING SCHEDULE AND HEARING FOR MOTION TO DISMISS, STAY, OR VACATE AND MOTION TO COMPEL ARBITRATION. Initial Case Management Conference previously set for 7/27/2017 continued to 9/14/2017 at 10:00 AM in Co urtroom 3, 17th Floor, San Francisco. Motions Hearing previously set for 6/22/2017 continued to 7/27/2017 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 5/26/17. (cl, COURT STAFF) (Filed on 5/26/2017)

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Robert S. Arns, State Bar No. 65071 ([e-mail])
Jonathan E. Davis, State Bar No. 191346 ([e-mail])
Kevin M. Osborne, State Bar No. 261367 ([e-mail])
Julie C. Erickson, State Bar No. 293111 ([e-mail])
Shounak S. Dharap, State Bar No. 311557 ([e-mail])

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THE ARNS LAW FIRM
A Professional Corporation
515 Folsom Street, 3rd Floor
San Francisco, California 94105
Phone: [phone]
Fax: [phone]

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Attorneys for Plaintiff

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
CIVIL UNLIMITED

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KIMBERLEE KELLER and TOMMY
GARADIS, Individually and On Behalf of All
Others Similarly Situated,

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No. C17-cv-02219 RS

Plaintiffs,

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vs.

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AMAZON.COM, INC.; AMAZON LOGISTICS,
INC.; and DOES 1 through 100, inclusive,

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Defendants.

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STIPULATION REQUESTING
AMENDED BRIEFING SCHEDULE
AND HEARING RE MOTION TO
DISMISS, STAY, OR VACATE AND
MOTION TO COMPEL
ARBITRATION AND TO CONTINUE
INITIAL CASE MANAGEMENT
CONFERENCE PURSUANT TO
LOCAL RULE 6-2; PROPOSED
ORDER
Courtroom: 3
Judge: Hon. Richard G. Seeborg
Trial Date: None Set

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STIPULATION REQUESTING AMENDED BRIEFING SCHEDULE AND HEARING RE
MOTION TO DISMISS, STAY, OR VACATE AND MOTION TO COMPEL
ARBITRATION AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
PURSUANT TO LOCAL RULE 6-2; PROPOSED ORDER

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This Stipulation is entered into by and among Plaintiffs Kimberlee Keller and

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Tommy Garadis, who are putative class representatives in Keller, et al. v. Amazon.Com, et al.,

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No. C17-cv-02219 RS, N.D. Cal., and Defendants Amazon Inc. and Amazon Logistics, Inc.

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(collectively, “Amazon”), by and through their respective counsel.

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WHEREAS, Defendants filed, in response to Plaintiffs’ Complaint, a Motion to

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Dismiss, Stay, or Transfer Venue and a Motion to Compel Individual Arbitration

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(collectively, “the Motions”) on May 11, 2017;

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WHEREAS, Plaintiffs need additional time to prepare oppositions to the two
Motions;
WHEREAS, the parties had previously stipulated to an extension of time for
Defendants to respond to the Complaint;

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WHEREAS, on May 15, 2017, Plaintiffs requested that Defendants stipulate to an

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extension of time for Plaintiffs’ responses to the Motions and proposed that the parties begin

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preliminary discovery prior to filing Plaintiffs’ responses;

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WHEREAS, the parties subsequently met and conferred in writing and

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telephonically, and Defendants opposed Plaintiffs’ proposal to conduct discovery prior to the

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adjudication of the Motions, but agreed to extend the parties’ time for briefing and to continue

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the hearing on the Motions, subject to the Court’s permission and availability, so long as

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Plaintiffs did not use the extended time period prior to the hearing to conduct discovery;

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WHEREAS, Plaintiffs have agreed not to conduct discovery prior to the hearing, but

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will, in their opposition to the Motion to Compel Arbitration, seek the Court’s permission to

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conduct discovery prior to a ruling on the Motion;

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WHEREAS, the parties’ oppositions and replies will likely address complex issues,

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including but not limited to, Plaintiffs’ claimed exemption from the Federal Arbitration Act,

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STIPULATION REQUESTING AMENDED BRIEFING SCHEDULE AND HEARING RE
MOTION TO DISMISS, STAY, OR VACATE AND MOTION TO COMPEL
ARBITRATION AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
PURSUANT TO LOCAL RULE 6-2; PROPOSED ORDER

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the claimed unenforceability of the class action waiver signed by Plaintiffs, the claimed
procedural and substantive unconscionability of the arbitration agreement, and the first-to-file
rule; and
WHEREAS, the Civil Local Rules permit parties to stipulate to extended time for
complex motions;
WHEREAS, the Initial Case Management Conference is currently scheduled for July
27, 2017 at 10 a.m., the same day as the parties’ proposed new hearing date for the Motions
and the parties’ joint case management conference statement is currently due one week before
the proposed new hearing date for the Motions on July 20, 2017;
WHEREAS, the parties believe that it will be more productive to conduct an initial
case management conference after the Court hears the pending Motions, which may eliminate
or narrow issues to be addressed at the initial case management conference;
WHEREAS, the Court is not available on July 13, 2017 and counsel for Defendants
is not available to attend a hearing on July 20, 2017;
NOW, THEREFORE, the Parties hereby agree and stipulate to the following:
1. Plaintiffs’ deadline to oppose the Motion to Dismiss, Stay, or Vacate and the Motion
to Compel Individual Arbitration is extended to June 15, 2017;
2. The deadline for Defendants’ corresponding replies in support of said Motions is
extended to June 29, 2017;
3. The hearing on the Motions is continued until July 27, 2017 at 1:30 p.m., or as soon
thereafter as is convenient for the Court’s schedule; and
4. The Initial Case Management Conference is continued to September 14, 2017 at 10
a.m., or as soon thereafter as is convenient for the Court’s schedule.

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IT IS SO STIPULATED

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STIPULATION REQUESTING AMENDED BRIEFING SCHEDULE AND HEARING RE
MOTION TO DISMISS, STAY, OR VACATE AND MOTION TO COMPEL
ARBITRATION AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
PURSUANT TO LOCAL RULE 6-2; PROPOSED ORDER

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Date: May 25, 2017

THE ARNS LAW FIRM

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/s/ Robert S. Arns
By:___________________________
Robert S. Arns
Jonathan E. Davis
Kevin M. Osborne
Julie C. Erickson
Shounak S. Dharap
Attorneys for Plaintiffs

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MORGAN, LEWIS & BROCKIUS LLP

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Date: May 25, 2017
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By:____________________________
/s/ Theresa Mak
John S. Battenfeld
Christopher J. Banks
Theresa Mak
Attorneys for Defendants

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Attestation Regarding Signatures
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I, Robert S. Arns, attest that all other signatories listed, and on whose behalf this filing
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is submitted, concur in the filing’s content and have authorized the filing.
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Date: May 25, 2017

THE ARNS LAW FIRM

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By:___________________________
/s/ Robert S. Arns
Robert S. Arns
Attorneys for Plaintiffs

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STIPULATION REQUESTING AMENDED BRIEFING SCHEDULE AND HEARING RE
MOTION TO DISMISS, STAY, OR VACATE AND MOTION TO COMPEL
ARBITRATION AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
PURSUANT TO LOCAL RULE 6-2; PROPOSED ORDER

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ORDER

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PURSUANT TO STIPULATION:
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1. Plaintiffs shall file their oppositions to Defendants’ Motion to Dismiss, Stay, or
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Vacate and Motion to Compel Individual Arbitration (collectively, “the Motions”) on
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or before June 15, 2017;
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2. Defendants shall file their corresponding replies in support of the Motions on or before
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June 22, 2017;
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3. The hearing on the Motions is continued until July 27

, 2017 at 1:30 a.m./

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p.m.; and
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4. 4.

The

Initial

Case

Management

Conference

is

continued

to

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________________, 2017 at ______ a.m./p.m.
10:00
September 14
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IT IS SO ORDERED.
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Dated: May ____, 2017
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____________________________
Hon. Richard Seeborg
United States District Court Judge

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STIPULATION REQUESTING AMENDED BRIEFING SCHEDULE AND HEARING RE
MOTION TO DISMISS, STAY, OR VACATE AND MOTION TO COMPEL
ARBITRATION AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
PURSUANT TO LOCAL RULE 6-2; PROPOSED ORDER