Amazon.com LLC v. Lay

Filing 73

STIPULATION AND PROPOSED ORDER Extending Time for Rule 26(f) Conference, Initial Disclosures and Joint Status Report by parties. (Attachments: # 1 Certificate of Service)(McKay, Michael)

Amazon.com LLC v. Lay

Doc. 73

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STIPULATION EXTENDING TIME FOR RULE 26(f) CONFERENCE - 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. DAVID W. HOYLE, 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. DAVID W. HOYLE, and AMAZON.COM, LLC, Defendants in Intervention. STIPULATION The parties stipulate and agree as follows: // // No. 10-cv-00664-MJP STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR RULE 26(f) CONFERENCE, INITIAL DISCLOSURES AND JOINT STATUS REPORT NOTE ON MOTION CALENDAR: NOVEMBER 19, 2010

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

Dockets.Justia.com

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1.

On October 25, 2010 the Court entered an Order [Dkt. No. 69] granting summary

judgment to Plaintiff Amazon.com ("Amazon") and denying Defendant Hoyle's1 motion to dismiss the Complaint of Amazon [Dkt. No. 1] and the Complaint in Intervention of PlaintiffsIntervenors Jane Does 1-6 and Cecil Bothwell ("Plaintiffs-Intervenors") [Dkt. No. 61]. As a result of this Order, counsel for Plaintiffs-Intervenors and Defendant Hoyle have been conferring to determine whether any remaining issues raised in the Complaint in Intervention not determined by the Court's Order on Amazon's motion for summary judgment and Defendant's motions to dismiss can be resolved by agreement. 2. The Court previously entered an Order on July 9, 2010 [Dkt. No. 40], continuing

the Rule 26(f) dates until 30 days after entry of an order by the Court on dispositive motions that were set to be filed, so that the Rule 26(f) conference is presently set to be held by November 24, 2010, the initial disclosures are due on December 1, 2010, and the joint status report is due on December 1, 2010. 3. Given the ongoing settlement discussions, Plaintiffs-Intervenors and Defendant

Hoyle believe that it is in the best interests of judicial economy and the parties if settlement discussions continue and the deadlines for the Rule 26(f) conference, initial disclosures and filing of the joint status report are extended. 4. The parties respectfully ask the Court to allow the parties an additional 30 days,

or until December 24, 2010, to enable the parties to attempt to resolve the Complaint in Intervention. If an agreement is not reached by that date, Plaintiffs-Intervenors anticipate

promptly filing for summary judgment. 5. In the event the Complaint in Intervention is not resolved or summary judgment is

not sought, the parties ask the Court to order that the Rule 26(f) conference be held by January 14, 2011, with initial disclosures due on January 21, 2011, and the joint status report due on January 28, 2011. // //
1

Mr. Hoyle has been substituted in as the defendant for Mr. Lay [Dkt. No. 71].
N.C. Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 [phone] Fax [phone]

STIPULATION EXTENDING TIME FOR RULE 26(f) CONFERENCE - 2 10-cv-00664-MJP

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6.

If summary judgment is sought, the parties agree that Rule 26(f) proceedings

should not take place until a ruling is reached on such motion or cross-motion. The parties respectfully request that the Rule 26(f) proceedings be continued until 30 days after the Court enters an order on such dispositive motion(s). 7. deadlines. THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that: 1. The existing deadlines for the Rule 26(f) conference, initial disclosures, and joint Amazon has been consulted and does not object to extending the Rule 26(f)

status report are vacated; 2. In the event settlement is not reached and a summary judgment motion is not

(a) (b) (c) 3.

the deadline for the Rule 26(f) conference will be January 14, 2011; initial disclosures will be due on January 21, 2011; and the joint status report will be due on January 28, 2011.

In the event settlement is not reached and a motion for summary judgment is

(a)

the deadline for the Rule 26(f) conference will be 30 days after the Court enters an order on the summary judgment motion(s);

(b) (c)

initial disclosures will be due 7 days after the Rule 26(f) conference; and the joint status report shall be submitted within 7 days after the initial disclosures are due.

STIPULATION EXTENDING TIME FOR RULE 26(f) CONFERENCE - 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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STIPULATION EXTENDING TIME FOR RULE 26(f) CONFERENCE - 4 10-cv-00664-MJP

DATED this the 19th day of November, 2010. Pro Hac Vice: NORTH CAROLINA 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 MCKAY CHADWELL, PLLC By: s/ Michael D. McKay Michael D. McKay WSBA No. 7040 By: s/ Krista K. Bush Krista K. Bush WSBA No. 30881 600 University St., Suite. 1601 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant David W. Hoyle

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

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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 Amazon.com, LLC

FOCAL PLLC By: s/ Venkat Balasubramani 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, WA 98164 Tel: [phone] Fax: [phone] Email: [e-mail] Pro Hac Vice: AMERICAN CIVIL LIBERTIES UNION FOUNDATION Speech, Privacy and Technology Project Aden J. Fine 125 Broad Street, 18th Floor New York, NY 10004 Tel: [phone] Fax: [phone] Email: [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 TIME FOR RULE 26(f) CONFERENCE - 5 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 TIME FOR RULE 26(f) CONFERENCE - 6 10-cv-00664-MJP

ORDER Based on the foregoing stipulation of the parties and good cause appearing, it is so ordered that: 1. The existing deadlines for the Rule 26(f) conference, initial disclosures, and joint

status report are vacated; 2. filed: (a) (b) (c) 3. filed: (a) the deadline for the Rule 26(f) conference will be 30 days after the Court enters an order on the summary judgment motion(s); (b) (c) initial disclosures will be due 7 days after the Rule 26(f) conference; and the joint status report shall be submitted within 7 days after the initial disclosures are due. the deadline for the Rule 26(f) conference will be January 14, 2011; initial disclosures will be due on January 21, 2011; and the joint status report will be due on January 28, 2011. In the event settlement is not reached and a summary judgment motion is not

In the event settlement is not reached and a motion for summary judgment is

This ____ day of November, 2010. _______________________________ MARSHA J. PECHMAN United States District Court Judge

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

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Presented by: Pro Hac Vice: NORTH CAROLINA 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 MCKAY CHADWELL, PLLC By: s/ Michael D. McKay Michael D. McKay WSBA No. 7040 By: s/ Krista K. Bush Krista K. Bush WSBA No. 30881 600 University St., Suite. 1601 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant David W. Hoyle

STIPULATION EXTENDING TIME FOR RULE 26(f) CONFERENCE - 7 10-cv-00664-MJP

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