Amazon.com LLC v. Lay

Filing 40

STIPULATION AND ORDER re 39 Stipulation extending time for Rule 26(f) conference, Initial Disclosures and Joint Status Report filed by Kenneth R Lay, by Judge Marsha J. Pechman. (MD)

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 v. KENNETH R. LAY, in his official capacity as Secretary of the North Carolina Department of Revenue, Defendant. Plaintiff, AMAZON.COM, LLC,

THE HONORABLE MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE No. 2:10-cv-00664-MJP STIPULATION AND ORDER EXTENDING TIME FOR RULE 26(f) CONFERENCE, INITIAL DISCLOSURES AND JOINT STATUS REPORT NOTE ON MOTION CALENDAR: JULY 7, 2010

STIPULATION The parties stipulate and agree as follows: 1. Defendant Kenneth R. Lay intends to file a Motion to Dismiss on July 12, 2010,

see Docket 20, which under the local rules will be noted on the motion calendar for Friday August 6, 2010. 2. Plaintiff Amazon.com LLC ("Amazon") intends to file a Motion for Summary

Judgment, which under the local rules will also be noted on the motion calendar for Friday August 6, 2010. 3. Various individuals represented by the American Civil Liberties Union filed a

motion to intervene, Docket 21, which is re-noted on the motion calendar for July 23, 2010. Docket 38.
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4.

The Order Regarding Initial Disclosures, Joint Status Report, and Early

Settlement (Docket 18) establishes the following deadlines: Discovery Rule 26(f) Conference Initial Disclosures Joint Status Report Deadline July 8, 2010 July 15, 2010 July 22, 2010 Interval +0 days +7 days +7 days

5.

As both the defendant and the plaintiff intend to file dispositive motions at the

very outset of the case, and applicable discovery, disclosures and scheduling will depend on the Court's ruling on the dispositive motions and the pending motion to intervene, the parties respectfully request the Court to postpone the various discovery deadlines established by Docket 18 until the Court issues its order(s) on the dispositive motions. The parties have also notified movant-intervenors who have no objection. THEREFORE, IT IS HEREBY STIPULATED AND AGREED subject to the Court's approval that: (a) The deadline for the Rule 26(f) conference deadline will be 30 days from when the Court issues its order(s) on the dispositive motions noted for motion on August 6, 2010; (b) Initial Disclosures will be due 7 days after the Rule 26(f) conference; and (c) The Joint Status report will be due 7 days after the Rule 26(f) conference. DATED this 7th day of July, 2010.

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

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NORTH CAROLINA ATTORNEY GENERAL ROY COOPER Tiare B. Smiley (pro hac vice) Special Deputy Attorney General N.C. State Bar No. 7719 Telephone: [phone] Facsimile: [phone] [e-mail] Kay Linn Miller Hobart (pro hac vice) Special Deputy Attorney General N.C. State Bar No. 16746 Telephone: [phone] [e-mail] DAVIS WRIGHT TREMAINE LLP Laura R. Handman (pro hac vice) Robert G. Scott, Jr. (pro hac vice) Elizabeth J. Soja (pro hac vice) 1919 Pennsylvania Ave., NW, Suite 200 Washington, DC 20006 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail]

McKAY CHADWELL, PLLC By: s/ Thomas M. Brennan Michael D. McKay, WSBA # 7040 Thomas M. Brennan, WSBA #30662 600 University Street, Suite 1601 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail]

Attorneys for Defendant Kenneth R. Lay 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] Attorneys for Plaintiff Amazon.com LLC

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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 so ordered that:

ORDER Based on the foregoing stipulation of the parties and good cause appearing, therefore it is

(a) The deadline for the Rule 26(f) conference deadline will be 30 days from when the Court issues its order(s) on the dispositive motions noted for motion on August 6, 2010; (b) Initial Disclosures will be due 7 days after the Rule 26(f) conference; and (c) The Joint Status report will be due 7 days after the Rule 26(f) conference. IT IS SO ORDERED this 9th day of July, 2010.

Marsha J. Pechman United States District Judge

A

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