Chamber of Commerce of the United States of America v. City of Seattle et al

Filing 97

STIPULATION ORDER regarding motions and briefing schedule re parties' 95 Stipulated Motion; Joint Status Report due by 1/15/2019, signed by Judge Robert S. Lasnik.(SWT) (Calvin W Goings added. Fred Podesta terminated.)

Case 2:17-cv-00370-RSL Document 97 Filed 12/11/18 Page 1 of 4

1

Honorable Robert S. Lasnik

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

9
10
11
12
13
14

CHAMBER OF COMMERCE OF THE
UNITED STATES OF AMERICA, and

Case No. 17-cv-00370-RSL

RASIER, LLC
v.

Plaintiffs,

15

CITY OF SEATTLE,

16

STIPULATED MOTION
REGARDING MOTIONS AND
BRIEFING SCHEDULE

SEATTLE DEPARTMENT OF FINANCE
AND ADMINISTRATIVE SERVICES, and

17
18
19

CALVIN W. GOINGS,1 in his official
capacity as Director, Finance and
Administrative Services, City of Seattle
Defendants.

20
21
22
23
24
25
26

NOTING DATE: December 6, 2018

Pursuant to Local Civil Rules 7(d)(1) and 10(g), Plaintiffs and Defendants (“Seattle”)
submit this Stipulated Motion to modify the schedule for the filing and briefing of Plaintiffs’
motion for summary judgment and Seattle’s motion for discovery set forth in the Court’s case

1

Former Defendant Fred Podesta is no longer the Director of Finance and Administrative
Services. The current Director is Calvin W. Goings.
Stipulated Motion Regarding Motions and Briefing Schedule - 1
STOEL RIVES LLP

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone [phone]

Case 2:17-cv-00370-RSL Document 97 Filed 12/11/18 Page 2 of 4

1
2
3
4
5
6
7

management order dated November 2, 2018, and the parties’ Joint Status Report and Discovery
Plan dated October 26, 2018. For the reasons set forth herein, the parties stipulate and agree that
the time for Plaintiffs to file their motion for summary judgment shall be suspended pending
Seattle’s consideration of an amendment to the collective-bargaining ordinance under review in
this action. The parties shall file a joint status report no later than January 15, 2019, advising the
Court on the status of the amendment and proposing a revised schedule for the filing and briefing
of Plaintiffs’ motion for summary judgment and Seattle’s motion for discovery.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

1.

This case, on remand from the Ninth Circuit, involves a facial challenge to a

Seattle ordinance authorizing for-hire drivers to engage in collective negotiations over the terms
of their contracts with ride-referral and similar companies (known under the ordinance as “driver
coordinators”). Plaintiffs allege that the ordinance violates and is preempted by federal antitrust
law.
2.

The parties previously negotiated, and the Court ordered, a schedule for the filing

by Plaintiffs of a motion for summary judgment and the subsequent filing by Seattle of a motion
for discovery under Rule 56(b). Under the schedule, Plaintiffs’ motion for summary judgment is
due to be filed this Friday, December 7, and any motion by Seattle for discovery would be due
on December 21.
3.

On Monday, December 3, counsel for the City informed counsel for Plaintiffs that

the City Council is considering an amendment to the ordinance that would remove “the nature or
amount of payments to be made by, or withheld from, a driver coordinator to or by its drivers”
from the authorized subjects of collective negotiations. Seattle expects the City Council to make
a final decision on this proposed amendment within approximately the next month, but not
before December 21.
4.

Plaintiffs believe that the amendment would not cure the ordinance’s legal

deficiencies. Nevertheless, the parties agree that the amendment, if enacted, could potentially

26
Stipulated Motion Regarding Motions and Briefing Schedule - 2
STOEL RIVES LLP

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone [phone]

Case 2:17-cv-00370-RSL Document 97 Filed 12/11/18 Page 3 of 4

1
2
3
4
5
6
7
8
9
10

affect the presentation and scope of the parties’ arguments. Because the amendment will be
enacted, if at all, after the current motions deadlines, enactment of the amendment would require
the parties to revise or supplement their motions and briefs.
5.

Accordingly, to avoid burdening the parties and the Court with potentially

unnecessary time and expense, the parties hereby stipulate and agree to temporarily suspend the
filing and briefing of their respective motions while the City Council considers the amendment.
6.

The parties further stipulate and agree that they will submit a joint status report no

later than January 15, 2019, advising the Court on the status of the amendment and proposing a
revised schedule for the filing and briefing of Plaintiffs’ motion for summary judgment and any
motion by Seattle for discovery.

11
12

IT IS SO STIPULATED.

13

Dated: December 6, 2018

Respectfully submitted,

By: s/ Robert J. Maguire

By: s/ Timothy J. O’Connell

Robert J. Maguire, WSBA 29909
Douglas C. Ross, WSBA 12811
DAVIS WRIGHT TREMAINE
Suite 2200
1201 Third Avenue
Seattle, WA 98101
[phone]
[phone] FAX
[e-mail]

Timothy J. O’Connell, WSBA 15372
STOEL RIVES LLP
600 University Street, Suite 3600
Seattle, WA 98101
[phone]
[phone] FAX
[e-mail]

14
15
16
17
18
19
20
21

Attorneys for Plaintiff Rasier, LLC

22
23
24
25
26

By: /s/Michael K. Ryan
PETER S. HOLMES
Seattle City Attorney
GREGORY C. NARVER
MICHAEL K. RYAN
SARA O’CONNOR-KRISS

Michael A. Carvin
(D.C. Bar No. 366784)
(pro hac vice)
Christian G. Vergonis
(D.C. Bar No. 483293)
(pro hac vice)
Jacqueline M. Holmes
(D.C. Bar No. 450357)
(pro hac vice)
Robert Stander
(D.C. Bar No. 1028454)

Stipulated Motion Regarding Motions and Briefing Schedule - 3
STOEL RIVES LLP

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone [phone]

Case 2:17-cv-00370-RSL Document 97 Filed 12/11/18 Page 4 of 4

1
2
3
4
5
6
7
8
9

Assistant City Attorneys
Seattle City Attorney’s Office
701 Fifth Avenue, Suite 2050
Seattle, WA 98104
[phone]
STEPHEN P. BERZON
STACEY M. LEYTON
P. CASEY PITTS
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, CA 94108
[phone]
Attorneys for Defendants
City of Seattle et al.

10

(pro hac vice)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, D.C. 20001
[phone]
[phone] FAX
[e-mail]
Steven P. Lehotsky
(D.C. Bar No. 992725)
(pro hac vice)
U.S. CHAMBER LITIGATION CENTER
1615 H Street, N.W.
Washington, D.C. 20062
[phone]
[e-mail]
Attorneys for Plaintiff
Chamber of Commerce of the
United States of America

11
12
13
14
15
16
17
18
19

ORDER
IT IS SO ORDERED.
DATED this 11th day of December, 2018.

A
Robert S. Lasnik

United States District Judge

20
21
22
23
24
25
26
Stipulated Motion Regarding Motions and Briefing Schedule - 4
STOEL RIVES LLP

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone [phone]