Benson v. Double Down Interactive, LLC et al

Filing 247

ORDER granting Parties' #246 Stipulated Motion and [Proposed] Order re Pleadings Amendment and Briefing Schedule on Plaintiffs' Motion for Class Certification and Preliminary Injunction. Plaintiffs shall file their Second Amended Complaint within twenty-four hours of the Court's order granting this stipulation. The deadlines for Defendants to respond to Plaintiffs' class certification and preliminary injunction motion, Dkt. #164 , shall be 14 days after the date the Second Amended Complaint is filed, but no sooner than May 11, 2021. Plaintiffs may, by no later than 14 days after the Defendants' responses are filed, file a combined reply in support of class certification and a preliminary injunction. The Clerk of Court is directed to renote Plaintiffs' class certification and preliminary injunction motion, Dkt. #164 , for consideration on May 28, 2021. Signed by Judge Robert S. Lasnik. (LH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ADRIENNE BENSON and MARY
SIMONSON, individually and on behalf of all
others similarly situated,

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Plaintiffs,
v.

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Case No. 18-cv-00525-RSL
STIPULATED MOTION AND
ORDER RE PLEADINGS
AMENDMENT AND BRIEFING
SCHEDULE ON PLAINTIFFS’
MOTION FOR CLASS
CERTIFICATION AND
PRELIMINARY INJUNCTION

DOUBLEDOWN INTERACTIVE, LLC, a
Washington limited liability company, and
INTERNATIONAL GAME TECHNOLOGY,
a Nevada corporation,

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Defendants

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After recent discussions between counsel, including as to the effect of International Game
Technology’s recent-filed amended answer and the appropriate role in this case (if any) of
International Game Technology’s “IGT”, see Dkt. 238 ¶ 1, the parties have agreed—subject to
Court approval—to the following:

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o Plaintiffs are granted leave to file the [proposed] Second Amended Complaint,
attached hereto as Exhibit 1, which adds International Game Technology’s
subsidiary “IGT” as an additional defendant but makes no other substantive
changes to the pleadings.

STIPULATION AND ORDER CASE NO. 18-CV-525-RSL

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E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

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o Plaintiffs shall file the Second Amended Complaint within twenty-four hours of
the Court’s order granting this stipulation.
o The deadlines for Defendants to respond to Plaintiffs’ class certification and
preliminary injunction motion, Dkt. 164, shall be 14 days after the date the
Second Amended Complaint is filed, but no sooner than May 11, 2021.
DoubleDown may file a response of up to 32 pages, and the IGT defendants may
together file a response of up to 24 pages.

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o Plaintiffs may, by no later than 14 days after the Defendants’ responses are filed,
file a combined reply in support of class certification and a preliminary injunction
of up to 32 pages.

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o All other case deadlines remain unchanged.

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o The newly-added IGT defendant may file a Rule 12(b)(6) motion as to the Second
Amended Complaint. The parties agree that neither International Game
Technology nor DoubleDown shall file any other pleadings motions or
arbitration-related motions as to the Second Amended Complaint. However:

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

All Defendants state that they may file Rule 12(c) motions. Plaintiffs state
that any such motions would be unwarranted and improper.



DoubleDown states that it may file motion(s) to compel Adrienne Benson
and/or Mary Simonson to arbitration based on deposition testimony that
DoubleDown contends constitutes actual notice of an agreement to
arbitrate. Plaintiffs state that any such motions would be untimely,
unwarranted, and improper.

o Defendants shall not seek any additional delay or stay of the current class
certification and preliminary injunction briefing schedule, nor shall Defendants
argue that Plaintiffs must file a renewed class certification and preliminary
injunction motion in light of the filing of the Second Amended Complaint.

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The Parties respectfully request that the Court grant this stipulated motion and enter the
attached [Proposed] Order.

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STIPULATION AND ORDER CASE NO. 18-CV-525-RSL

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E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

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Dated: April 23, 2021

Respectfully submitted,
Attorneys for Plaintiffs
ADRIENNE BENSON and MARY SIMONSON
individually and on behalf of all others similarly
situated,

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By: /s/ Todd Logan
Rafey S. Balabanian*
[e-mail]
Todd Logan*
[e-mail]
Brandt Silver-Korn*
[e-mail]
Edelson PC
150 California Street, 18th Floor
San Francisco, CA 94111
Tel: [phone]/Fax: [phone]

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By: /s/ Alexander G. Tievsky
Jay Edelson*
[e-mail]
Alexander G. Tievsky, WSBA #57125
[e-mail]
Edelson PC
350 N LaSalle Street, 14th Floor
Chicago, IL 60654
Tel: [phone] / Fax: [phone]

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By: /s/ Cecily C. Shiel
TOUSLEY BRAIN STEPHENS PLLC
Cecily C. Shiel, WSBA #50061
[e-mail]
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101-4416
Tel: [phone]

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*Admitted pro hac vice

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STIPULATION AND ORDER CASE NO. 18-CV-525-RSL

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E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

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Dated: April 23, 2021

Respectfully submitted,
Attorneys for Defendant
International Game Technology

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By: /s/ Paul Karlsgodt

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BAKERHOSTETLER

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Paul Karlsgodt, Admitted Pro Hac Vice
[e-mail]
David Friebus, Admitted Pro Hac Vice
[e-mail]
1801 California Street | Suite 4400
Denver, CO 80202-2662

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By: /s/ Adam T. Pankratz

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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Adam T. Pankratz, WSBA No. 50951
1201 Third Avenue, Suite 5150
Seattle, WA 98101
Telephone: [phone]
E-mail: [e-mail]

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STIPULATION AND ORDER CASE NO. 18-CV-525-RSL

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E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

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Dated: April 23, 2021

Respectfully submitted,

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Attorneys for Double Down Interactive, LLC

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By: /s/ Jaime Drozd Allen

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DAVIS WRIGHT TREMAINE LLP

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Jaime Drozd Allen, WSBA #35742
Stuart R. Dunwoody, WSBA #13948
Cyrus E. Ansari, WSBA #52966
Benjamin J. Robbins, WSBA # 53376
920 Fifth Avenue, Suite 3300
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

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ORDER
The Parties’ stipulated motion is GRANTED. The Court ORDERS as follows:

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o Plaintiffs are granted leave to file the proposed Second Amended Complaint,
attached to the parties’ stipulation as Exhibit 1, which adds International Game
Technology’s subsidiary “IGT” as an additional defendant but makes no other
substantive changes to the pleadings.
o Plaintiffs shall file the Second Amended Complaint within twenty-four hours of
the Court’s order granting this stipulation.
o The deadlines for Defendants to respond to Plaintiffs’ class certification and
preliminary injunction motion, Dkt. 164, shall be 14 days after the date the
Second Amended Complaint is filed, but no sooner than May 11, 2021.
DoubleDown may file a response of up to 32 pages, and the IGT defendants may
together file a response of up to 24 pages.
STIPULATION AND ORDER CASE NO. 18-CV-525-RSL

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E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]

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o Plaintiffs may, by no later than 14 days after the Defendants’ responses are filed,
file a combined reply in support of class certification and a preliminary injunction
of up to 32 pages.
o The Clerk of Court is directed to renote Plaintiffs’ class certification and
preliminary injunction motion, Dkt. 164, for consideration on May 28, 2021.
o All other case deadlines remain unchanged.
o The newly-added IGT defendant may file a Rule 12(b)(6) motion as to the Second
Amended Complaint. Neither International Game Technology nor DoubleDown
shall file any other pleadings motions or arbitration-related motions as to the
Second Amended Complaint. However:


All Defendants state that they may file Rule 12(c) motions. Plaintiffs state
that any such motions would be unwarranted and improper.



DoubleDown states that it may file motion(s) to compel Adrienne Benson
and/or Mary Simonson to arbitration based on deposition testimony that
DoubleDown contends constitutes actual notice of an agreement to
arbitrate. Plaintiffs state that any such motions would be untimely,
unwarranted, and improper.

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o Defendants shall not seek any additional delay or stay of the current class
certification and preliminary injunction briefing schedule, nor shall Defendants
argue that Plaintiffs must file a renewed class certification and preliminary
injunction motion in light of the filing of the Second Amended Complaint.
IT IS SO ORDERED.

DATED this 26th day of April, 2021.

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ROBERT S. LASNIK
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER CASE NO. 18-CV-525-RSL

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E DELSON PC
350 N LaSalle Street, 14th Floor, Chicago, IL 60654
Tel: [phone] • Fax: [phone]