Wright v. Lyft, Inc.

Filing 73

AMENDED ORDER granting 71 Stipulated Motion to Certify Questions to Washington Supreme Court. The Clerk of the Court is directed to submit to the Supreme Court of Washington certified copies of this Order, a copy of the docket in the above-captio ned matter, and Dkt. Nos. 54 , [56-60], 63 , 65 , and 71 . The case will remain STAYED until the Supreme Court of Washington answers the certified questions. Signed by Judge Barbara J. Rothstein. (PM) cc: copies sent to WA St. Supreme Court via the USPS

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
AMENDED 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:
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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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AMENDED 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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The Clerk of the Court is directed to submit to the Supreme Court of Washington
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certified copies of this Order, a copy of the docket in the above-captioned matter, and Dkt. Nos.

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54, 56-60, 63, 65, and 71. The record so compiled contains all matters in the pending cause

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deemed material for consideration of the state law questions certified for answer.

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The defendant in this action is designated as the appellant before the Supreme Court of
Washington. The Clerk of the Court shall notify the parties as soon as possible, but no more than
three days, after the above-described record is filed in the Supreme Court of Washington. The

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parties are referred to state RAP 16.16 for additional information regarding procedures before the
Supreme Court.
The case will remain STAYED until the Supreme Court of Washington answers the
certified questions.

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DATED this 17th day of _February_, 2017.

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A

Barbara Jacobs Rothstein
U.S. District Court Judge

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

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

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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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AMENDED ORDER GRANTING MOTION TO CERTIFY LEGAL
QUESTIONS TO THE WASHINGTON SUPREME COURT
Case No. 2:14−cv−00421−BJR - 4