Federal Trade Commission v. Amazon.com, Inc.

Filing 315

MINUTE ORDER granting 314 Stipulation to Set Deadline for Monetary Relief. Amazon shall have until June 1, 2017, to commence the notice-and-claims procedure defined in this Court's November 10, 2016 Order (Dkt. 287 ). The date of launch o f the notice-and-claims procedure shall constitute the start of the twelve-month Consumer Redress Period under the Order. Amazon is to notify FTC counsel no less than seven (7) days before it initiates the notice- and-claims procedure. Authorized by U.S. District Judge John C Coughenour. (PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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FEDERAL TRADE COMMISSION,

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Plaintiff,

MINUTE ORDER

v.

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CASE NO. C14-1038-JCC

AMAZON.COM, INC.,

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Defendant.

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The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:
This matter comes before the Court on the parties’ stipulation and proposed order to set a

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deadline for the monetary relief (Dkt. No. 314). Plaintiff Federal Trade Commission (FTC) and

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Defendant Amazon.com, Inc. stipulate as follows in order to reset the start date of the Consumer

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Redress Period in light of the parties’ voluntary dismissal of their Ninth Circuit appeal and cross-

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appeal on April 4, 2017:

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1.

The Court’s order determining monetary relief (the Order) (Dkt. No. 287)

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prescribed that Amazon was to begin the notice-and-claims procedure prescribed by that Order at

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the start of a “Consumer Redress Period,” defined as the twelve-month period beginning “upon

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the later of (1) January 31, 2017, or (2) 90 days after the entry of this Order.” Because the Order

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MINUTE ORDER C14-1038-JCC
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was entered on November 10, 2016, the original applicable deadline for Amazon to begin the

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notice-and-claims procedure was 90 days after the entry of the Order: February 8, 2017.

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2.

On January 6, 2017, the FTC filed a notice of appeal (Dkt. No. 289) of the Court’s

order granting Amazon’s motion for partial summary judgment (Dkt. No. 224).
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On January 19, Amazon filed a notice of cross-appeal (Dkt. No. 291), which

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included appeal of the Court’s order granting (in part) the FTC’s motion for summary judgment

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(Dkt. No. 224).

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4.

Also on January 19, Amazon moved to stay the Order and the notice-and-claims

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procedure it required (Dkt. No. 292), and on February 23, the Court granted Amazon’s motion

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and stayed the implementation of the notice-and-claims procedure until the completion of the

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parties’ appeals. (Dkt. No. 309.)

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5.

As part of a compromise resolution, the parties jointly dismissed their respective

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appeals on April 4, 2017, (see Dkt. No. 313), and reached agreement on certain aspects of the

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notice-and-claims process.

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6.

The compromise resolution requires Amazon to develop, implement, and test

modifications to Amazon’s currently designed notice-and-claims process.
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Accordingly, the parties have stipulated that Amazon will have until June 1, 2017,

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to commence the notice-and-claims procedure in order to allow Amazon to make the necessary

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changes to the procedure. The date of launch of the notice-and-claims procedure will constitute

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the start of the 12-month “Consumer Redress Period” under the Court’s Order.

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8.

Amazon has agreed to notify the FTC seven (7) days before the date on which it

launches the notice-and-claims procedure.

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Based on the foregoing stipulation, IT IS SO ORDERED.

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Amazon shall have until June 1, 2017, to commence the notice-and-claims procedure

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defined in this Court’s November 10, 2016 Order (Dkt. 287). The date of launch of the notice-

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and-claims procedure shall constitute the start of the twelve-month “Consumer Redress Period”

MINUTE ORDER C14-1038-JCC
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under the Order. Amazon is to notify FTC counsel no less than seven (7) days before it initiates

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the notice-and-claims procedure.

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DATED this 27th day of April 2017.

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William M. McCool
Clerk of Court

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s/Paula McNabb
Deputy Clerk

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MINUTE ORDER C14-1038-JCC
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