Amazon.com LLC v. Lay

Filing 37

STIPULATION AND PROPOSED ORDER by parties re 23 MOTION for Leave TO FILE COMPLAINT IN INTERVENTION USING PSEUDONYMS, 21 MOTION to Intervene. (Attachments: # 1 Certificate of Service, # 2 Proposed Order)(Smiley, Tiare)

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STIPULATION EXTENDING RESPONSE TIME TO INTERVENORS' MOTIONS - 1 10-cv-00664-MJP

THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE AMAZON.COM, LLC, Plaintiff, v. KENNETH R. LAY, in his official capacity as Secretary of the North Carolina Department of Revenue, Defendant. ________________________________________ JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, JANE DOE 6, AND CECIL BOTHWELL, Plaintiffs-Intervenors v. KENNETH R. LAY, in his official capacity as Secretary of the North Carolina Department of Revenue, and AMAZON.COM, LLC, Defendants in Intervention. No. 10-cv-00664-MJP STIPULATION AND ORDER EXTENDING RESPONSE TIME AND RE-NOTING INTERVENORS' MOTIONS NOTE ON MOTION CALENDAR: JUNE 30, 2010

N.C. Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 [phone] Fax [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED this the 30th day of June, 2010. 1.

STIPULATION The parties stipulate and agree as follows: Plaintiffs-Intervenors Jane Does 1 ­ 6 and Cecil Bothwell ("Intervenors"), by and

through counsel, filed their Motion to Intervene (Dkt. No. 21) on June 23, 2010. Intervenors also filed on June 23, 2010, Intervenors' Motion to File Complaint in Intervention Using Pseudonyms (Dkt. No. 23) and individual Declarations in support thereof (Dkt. Nos. 24-29). These intervention motions were noted on the motions calendar for July 9, 2010. 2. 3. The parties' responses to the intervention motions are currently due July 6, 2010. Pursuant to a Stipulated Order Extending Time to File Answer entered in this case

(Dkt. No. 20), the deadline for Defendant to file an answer or otherwise plead is July 12, 2010. Defendant is presently preparing to file a motion to dismiss on jurisdictional grounds which will be noted for August 6, 2010. 4. As a result of other responsibilities and cases in litigation, counsel for Secretary

Lay have requested additional time until July 12, 2010, in order to investigate and prepare appropriate responses to the motion to intervene, as well as the motion to file complaint in intervention using pseudonyms. 5. Counsel for all parties have conferred and Intervenors' counsel have agreed to

extend the time for response by re-noting the intervention motions to July 23, 2010, in return for Plaintiff and Defendant filing their responses to the motions on July 12, 2010. Plaintiff's counsel do not object to this alteration of the response date and re-noting of the intervention motions. THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that the time for filing responses to the motions of Intervenors (Dkt. Nos. 21 & 23) should be extended to July 12, 2010, and the intervention motions should be noted for consideration by the Court on July 23, 2010, rather than July 9, 2010.

STIPULATION EXTENDING RESPONSE TIME TO INTERVENORS' MOTIONS - 2 10-cv-00664-MJP

N.C. Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 [phone] Fax [phone]

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MCKAY CHADWELL, PLLC By: /s/ Thomas M. Brennan Thomas M. Brennan WSBA No. 30662 600 University St., Suite. 1601 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Pro Hac Vice: ATTORNEY GENERAL ROY COOPER By: /s/ Kay Linn Miller Hobart Kay Linn Miller Hobart Special Deputy Attorney General N.C. State Bar No. 16746 Telephone: [phone] Facsimile: [phone] Email: [e-mail] By: /s/ Tiare B. Smiley Tiare B. Smiley Special Deputy Attorney General N.C. State Bar No. 7719 Telephone: [phone] Facsimile: [phone] Email: [e-mail] N.C. Department of Justice P.O. Box 629 Raleigh, NC 27602 Attorneys for Defendant

DAVIS WRIGHT TREMAINE LLP By: /s/ Steven P. Caplow Steven P. Caplow WSBA #19843 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Of Counsel Pro Hac Vice: DAVIS WRIGHT TREMAINE LLP Laura R. Handman Robert G. Scott, Jr. Elizabeth J. Soja 1919 Pennsylvania Ave., NW, Suite 200 Washington, DC 20006 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff

[Signatures of counsel continue on next page]

STIPULATION EXTENDING RESPONSE TIME TO INTERVENORS' MOTIONS - 3 10-cv-00664-MJP

N.C. Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 [phone] Fax [phone]

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By: /s/ Venkat Balasubramani FOCAL PLLC Venkat Balasubramani, WSBA #28269 8426 40th Ave SW Seattle, WA 98136 Tel: [phone] Fax: [phone] Email: [e-mail] AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION Sarah A. Dunne, WSBA # 34869 901 Fifth Ave, Suite 630 Seattle, Washington 98164 Tel: [phone] Fax: [phone] Email: [e-mail] Pro Hac Vice: AMERICAN CIVIL LIBERTIES UNION FOUNDATION Speech, Privacy and Technology Project Aden J. Fine Mariko Hirose 125 Broad Street, 18th Floor New York, NY 10004 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] Pro Hac Vice: AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA FOUNDATION Katherine Lewis Parker Post Office Box 28004 Raleigh, North Carolina 27611 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Plaintiffs-Intervenors

STIPULATION EXTENDING RESPONSE TIME TO INTERVENORS' MOTIONS - 4 10-cv-00664-MJP

N.C. Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 [phone] Fax [phone]

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STIPULATION EXTENDING RESPONSE TIME TO INTERVENORS' MOTIONS - 5 10-cv-00664-MJP

ORDER Based on the foregoing stipulation of the parties and good cause appearing, therefore it is so ordered that the time for Plaintiff's and Defendant's responses to the Plaintiffs-Intervenors' Motion to Intervene (Dkt. No. 21) and Motion to File Complaint in Intervention Using Pseudonyms (Dkt. No. 23) is hereby extended to July 12, 2010, and the motions are now noted for consideration on July 23, 2010 rather than July 9, 2010. IT IS SO ORDERED, this ____ day of June, 2010. _______________________________ MARSHA J. PECHMAN United States District Judge Presented by: MCKAY CHADWELL, PLLC By: /s/ Thomas M. Brennan Thomas M. Brennan WSBA No. 30662 600 University St., Suite. 1601 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant Pro Hac Vice: ATTORNEY GENERAL ROY COOPER By: /s/ Kay Linn Miller Hobart Kay Linn Miller Hobart Special Deputy Attorney General N.C. State Bar No. 16746 Telephone: [phone] Facsimile: [phone] Email: [e-mail] By: /s/ Tiare B. Smiley Tiare B. Smiley Special Deputy Attorney General N.C. State Bar No. 7719 Telephone: [phone] Facsimile: [phone] Email: [e-mail] N.C. Department of Justice P.O. Box 629 Raleigh, NC 27602 Attorneys for Defendant

N.C. Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 [phone] Fax [phone]