Allison et al v. Amazon.com Inc et al

Filing 104

STIPULATED MOTION AND ORDER by Judge Robert S. Lasnik, re the parties' 103 Stipulated Scheduling Motion. (TF)

THE HONORABLE ROBERT S. LASNIK

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
WILLETHA ALLISON, ALESHIA
ANDERSON, RASHAAD DANIELS,
LAMOUNT EVANS, SHAWN MAYER,
KION MCLEMORE, RAYMOND
MCNALLY, FRANCES VASQUE,
SHAKURA FELDER, AND WILLIAM
WIMBERLY, ON BEHALF OF
THEMSELVES AND ALL OTHERS
SIMILARLY SITUATED,

No. 2:13-cv-01612-RSL
STIPULATED MOTION AND ORDER
NOTE FOR MOTION CALENDAR:
DECEMBER 4, 2013

Plaintiffs,
v.
AMAZON.COM, INC.; INTEGRITY
STAFFING SOLUTIONS, INC.; AF
OPERATIONS, LLC; SMX, LLC; AND
DOES 1-50 JOINTLY AND
SEVERALLY,
Defendants.
Plaintiffs Willetha Allison, Aleshia Anderson, Rashaad Daniels, Lamount Evans, Shawn
Mayer, Kion McLemore, Raymond McNalley, Frances Vasque, Shakura Felder, and William
Wimberley (“Plaintiffs”) and Defendants Amazon.com, Inc. (“Amazon”), AF Operations LLC
(“AF”), and SMX, LLC (“SMX,” and, collectively with Plaintiffs, Amazon, and AF, “the
Parties”), by and through their respective counsel of record, after having met and conferred
telephonically and by e-mail on November 20, 25, and 26, and December 2 and 3, 2013.
CERTIFICATE OF SERVICE (No. 2:13-cv-01612RSL) – 1
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PROPOSED SCHEDULE
The parties hereby jointly move the Court to schedule motion filing and briefing
deadlines in this litigation as described below, in order to provide an orderly schedule for
disposition of the various pending and future potential motions and to limit the possibility of
duplicative and wasteful briefing, subject to the Court’s approval. The Parties request the
following motion filing and briefing schedule be set:
DATE

NATURE OF FILING

12/20/13

Plaintiffs’ Second Amended Complaint

1/17/14

Defendants’ deadline to Answer, Move, or otherwise Respond to the
Second Amended Complaint

2/10/14

Defendants’ deadline to Oppose Plaintiffs’ Motion for Conditional
Certification

2/14/14

Noting date and reply deadline for Plaintiffs’ Motion for Conditional
Certification filed on or before December 20, 2013

The purpose of this Stipulation and proposed Order is to afford the Plaintiffs the
opportunity to file a Second Amended Complaint, set uniform schedules for all Defendants’
briefing, and give the Court the opportunity to address certain threshold issues, including
whether this case should remain pending in this jurisdiction, before Defendants are required to
oppose Plaintiffs’ Motion for Conditional Certification. The above schedule also will increase
the likelihood that the Judicial Panel on Multidistrict Litigation will decide in connection with In
re Amazon, MDL Case No. 2504, whether this case should be consolidated with numerous other
cases raising similar issues and, if so, in what court.
This stipulation and the above briefing schedule are entered into without any of the
Parties waiving their rights to file (i) any answer, motion, or other response to the Second
Amended Complaint in advance of the January 17, 2014 deadline set forth above; (ii) any motion
for relief from deadlines, including but not limited to relief from the deadlines set forth above;
and (iii) any motion or other filing seeking or opposing equitable tolling.

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Defendant Integrity Staffing Solutions, Inc. has advised the Parties that it is not opposed
to this Stipulated Motion, but because it asserts that the Court has no personal jurisdiction over it
and that venue is not proper in this Court, it does not formally enter an appearance for the
purposes of addressing this Stipulated Motion.
STIPULATED, AGREED AND CONSENTED TO BY:
BY: s/Jacob R. Rusch
Jacob R. Rusch* (consented)
Timothy J. Becker*
JOHNSON BECKER, PLLC
33 South Sixth Street, Suite 4530
Minneapolis, Minnesota 55402
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Adam J. Berger, WSBA #20714
Rebecca J. Roe, WSBA #7560
810 Third Avenue, Suite 500
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Jason J. Thompson*
Jesse L. Young*
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, Michigan 48076
248-355-0300
[e-mail]
[e-mail]
Steven R. Maher*
Senthia Santana*
MAHER LAW FIRM, P.A.
631 West Morse Blvd., Suite 200
Winter Park, FL 32789
Telephone: [phone]
[e-mail]
[e-mail]

BY: s/Chelsea Dwyer Petersen
Chelsea Dwyer Petersen,
WSBA #33787
PERKINS COIE LLP
1201 Third Avenue,
Suite 4900
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Richard G. Rosenblatt*
Joseph A. Nuccio*
MORGAN, LEWIS &
BOCKIUS, LLP
502 Carnegie Center
Princeton, NJ 08540
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Rebecca Eisen*
Theresa Mak*
MORGAN, LEWIS &
BOCKIUS, LLP
One Market,
Spear Street Tower
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

BY: s/William F. Dolan
William F. Dolan*
(consented)
JONES DAY
77 West Wacker
Chicago, IL 60601-1692
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Michael D. McKay, WSBA #7040
Thomas M. Brennan, WSBA
#30662
McKAY CHADWELL, PLLC
600 University Street, Suite 1601
Seattle, WA 98101-4124
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
SMX, LLC

Attorneys for Defendant
Amazon.com, Inc.

Attorneys for Plaintiffs

Dated: December 4, 2013

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* admitted pro hac vice

IT IS SO ORDERED.

Dated: December 6, 2013

A Lasnik
The Honorable Robert S.
United States District Court Judge

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