Wright v. Lyft, Inc.

Filing 72

ORDER granting 71 Stipulated Motion to Certify Questions to the Washington Supreme Court. Signed by Judge Barbara J. Rothstein. (PM)

The Honorable Barbara J. Rothstein

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KENNETH WRIGHT, on his own behalf and
on behalf of other similarly situated persons,

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Plaintiff,
v.

Case No. 2:14−cv−00421−BJR
ORDER GRANTING STIPULATED
MOTION TO CERTIFY QUESTIONS TO
THE WASHINGTON SUPREME COURT

LYFT, INC., a Delaware Corporation,

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Defendants.

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This matter came before the Court on the Stipulated Motion to Certify Questions to the
Washington Supreme Court. Having considered the motion, the papers filed in support of the
motion, and the files and records herein, the Stipulated Motion to Certify Questions to the
Washington Supreme Court is GRANTED and the following issues are hereby certified to the

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Washington Supreme Court under RCW 2.60.020:
1.

Does the recipient of a text message that violates the Consumer
Electronic Mail Act, Ch. 19.190 RCW (“CEMA”), have a
private right of action for damages (as opposed to injunctive
relief) directly under that statute?

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ORDER GRANTING MOTION TO CERTIFY LEGAL QUESTIONS TO
THE WASHINGTON SUPREME COURT
Case No. 2:14−cv−00421−BJR - 1

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2.

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Does the liquidated damages provision of CEMA, RCW
19.190.040(1), establish the causation and/or injury elements of
a claim under the Washington Consumer Protection Act, Ch.
19.86 RCW (“CPA”), as a matter of law or must the recipient of
a text message that violates CEMA first prove injury in fact
before he or she can recover the liquidated damage amount?

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DATED this 16th day of _February_, 2017.

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A

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Barbara Jacobs Rothstein
U.S. District Court Judge

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Presented by:

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/s/ Donald W. Heyrich
Donald W. Heyrich, WSBA #23091

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HKM ATTORNEYS
600 Stewart Street, Suite 901
Seattle, WA 98101
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff

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ORDER GRANTING MOTION TO CERTIFY LEGAL QUESTIONS TO
THE WASHINGTON SUPREME COURT
Case No. 2:14−cv−00421−BJR - 2

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CERTIFICATE OF SERVICE
The undersigned attorney certifies that on the 9th day of February, 2017, I electronically

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filed the foregoing with the Clerk of the Court using the CM/ECF system which will send
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notification of such filing to all counsel on record in the matter.
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/s/ Donald W. Heyrich
Donald W. Heyrich, WSBA #23091
HKM ATTORNEYS
600 Stewart Street, Suite 901
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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ORDER GRANTING MOTION TO CERTIFY LEGAL QUESTIONS TO
THE WASHINGTON SUPREME COURT
Case No. 2:14−cv−00421−BJR - 3