Rittmann et al v. Amazon.com Inc et al

Filing 237

MINUTE ORDER re Parties' 235 Joint Status Report. The Court DIRECTS Defendants to submit an omnibus motion to compel, with an increased limit of 40 pages. Plaintiffs may also have 40 pages for their response brief. Defendants' repl y brief shall be no more than 20 pages. Deadline for Exchange of Initial Disclosure: 10/21/2022. Deadline to File Consolidated Complaint: 11/14/2022. Deadline to Answer or File Rule 12 Motion: 12/5/2022. Deadline for filing of Renewed Motion to Co mpel Arbitration: 2/24/2023. Deadline for filing of Class Certification Motion: 2/24/2023. Deadline for Completion of Fact & Expert Discovery: 180 days from the date of Class Certification Order. Deadline for Dispositive Motions: 30 days after close of discovery. Authorized by U.S. District Judge John C. Coughenour. (SR)

Case 2:16-cv-01554-JCC Document 237 Filed 10/11/22 Page 1 of 3

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BERNADEAN RITTMANN, et al.,

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v.

Plaintiffs,

CASE NO. C16-1554 JCC
MINUTE ORDER

AMAZON.COM INC, et al.,

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Defendants.

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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’ joint status report (Dkt. No. 235). The

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parties state they were unable to agree on a proposed schedule, so each side presents its own

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proposed schedule. (Id.)

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First, the parties disagree over the timing for exchange of initial disclosures. Plaintiffs

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assert discovery should commence without delay, citing the length of time since the case was

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initiated. (Id. at 2.) Defendants argue it would be unfair to require disclosures before the

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operative complaint is filed because they need to know the identity of the Plaintiffs, their

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corresponding claims, and the supporting factual allegations before they can properly disclose.

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(Id. at 8.) However, this Court’s previous Order limited the allegations and claims in the

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forthcoming consolidated amended complaint to those asserted in the existing complaints that
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Case 2:16-cv-01554-JCC Document 237 Filed 10/11/22 Page 2 of 3

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have already been filed. (Dkt. No. 234 at 3 n.1.) Thus, in the interest of efficiency and moving

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this case forward, the Court agrees with Plaintiffs that discovery should commence without

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delay.

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Next, the parties disagree about the timing for filing of the amended consolidated

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complaint. The Court previously set deadlines for the complaint and any answer or Rule 12

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motion in its previous order. (Id. at 4.) Those deadlines will stand as previously stated.

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The parties also disagree regarding the timing of both Defendants’ proposed motion to

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compel arbitration and Plaintiffs’ proposed motion for class certification. Plaintiffs argue these

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motions should be considered in conjunction with each other. (Dkt. No. 235 at 2–3.) Plaintiffs

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assert even if Defendants successfully compel arbitration for some plaintiffs, there are some

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claims and plaintiffs whose cases will remain. (Id. at 3.) Defendants counter that arbitration is a

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“threshold issue” that must be considered before the issue of class certification. (Id. at 7.)

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In each of the cases cited by Defendants, the motion to compel arbitration applied to

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either the sole plaintiff or the only named plaintiffs in the case. (See id. at 7) (citing cases). The

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courts concluded that if the defendant were to prevail on the arbitration issue, there would be no

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more remaining plaintiffs to litigate the claims. (Id.) In contrast, as Plaintiff asserts, here there

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are plaintiffs whose claims will remain even if Defendant’s motion to compel arbitration were

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successful. Therefore, the motion for class certification and motion to compel arbitration shall be

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considered in conjunction. 1

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Finally, Defendants request guidance regarding their anticipated motions to compel

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arbitration. The Court DIRECTS Defendants to submit an omnibus motion to compel, with an

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increased limit of 40 pages. Plaintiffs may also have 40 pages for their response brief.

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Defendants’ reply brief shall be no more than 20 pages. Absent a stipulation otherwise, all

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Defendants also argue Plaintiffs’ proposed schedule would deprive them of the ability to
adequately prepare an opposition to class certification. (Dkt. No. 235 at 8.) However, Defendants
will have roughly three months from the filing of the amended consolidated complaint for
discovery.
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Case 2:16-cv-01554-JCC Document 237 Filed 10/11/22 Page 3 of 3

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deadlines for response and reply briefs shall be in compliance with the local rules.
Finally, taking into consideration the arguments set forth by each side, the Court hereby
ENTERS the following case scheduling dates:

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Deadline for Exchange of Initial Disclosure: October 21, 2022.

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Deadline to File Consolidated Complaint: November 14, 2022.

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Deadline to Answer or File Rule 12 Motion: December 5, 2022.

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Deadline for filing of Renewed Motion to Compel Arbitration: February 24, 2023.

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Deadline for filing of Class Certification Motion: February 24, 2023

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Deadline for Completion of Fact & Expert Discovery: 180 days from the date of Class

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Certification Order

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Deadline for Dispositive Motions: 30 days after close of discovery.

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DATED this 11th day of October 2022.

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Ravi Subramanian
Clerk of Court
s/Sandra Rawski
Deputy Clerk

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MINUTE ORDER
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