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 Complai nt 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 Seco nd 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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 ADRIENNE BENSON and MARY SIMONSON, individually and on behalf of all others similarly situated, 12 13 Plaintiffs, v. 14 15 16 17 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, 18 Defendants 19 20 21 22 23 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: 24 25 26 27 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 1 E DELSON PC 350 N LaSalle Street, 14th Floor, Chicago, IL 60654 Tel: 312.589.6370 • Fax: 312.589.6378 1 2 3 4 5 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. 6 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. 7 o All other case deadlines remain unchanged. 8 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: 9 10 11 12 13 14 15 16 17  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. 18 19 20 The Parties respectfully request that the Court grant this stipulated motion and enter the attached [Proposed] Order. 21 22 23 24 25 26 27 STIPULATION AND ORDER CASE NO. 18-CV-525-RSL 2 E DELSON PC 350 N LaSalle Street, 14th Floor, Chicago, IL 60654 Tel: 312.589.6370 • Fax: 312.589.6378 1 Dated: April 23, 2021 Respectfully submitted, Attorneys for Plaintiffs ADRIENNE BENSON and MARY SIMONSON individually and on behalf of all others similarly situated, 2 3 4 By: /s/ Todd Logan Rafey S. Balabanian* rbalabanian@edelson.com Todd Logan* tlogan@edelson.com Brandt Silver-Korn* bsilverkorn@edelson.com Edelson PC 150 California Street, 18th Floor San Francisco, CA 94111 Tel: 415.212.9300/Fax: 415.373.9435 5 6 7 8 9 10 11 By: /s/ Alexander G. Tievsky Jay Edelson* jedelson@edelson.com Alexander G. Tievsky, WSBA #57125 atievsky@edelson.com Edelson PC 350 N LaSalle Street, 14th Floor Chicago, IL 60654 Tel: 312.589.6370 / Fax: 312.589.6378 12 13 14 15 16 17 By: /s/ Cecily C. Shiel TOUSLEY BRAIN STEPHENS PLLC Cecily C. Shiel, WSBA #50061 cshiel@tousley.com 1700 Seventh Avenue, Suite 2200 Seattle, Washington 98101-4416 Tel: 206.682.5600 18 19 20 21 *Admitted pro hac vice 22 23 24 25 26 27 STIPULATION AND ORDER CASE NO. 18-CV-525-RSL 3 E DELSON PC 350 N LaSalle Street, 14th Floor, Chicago, IL 60654 Tel: 312.589.6370 • Fax: 312.589.6378 1 Dated: April 23, 2021 Respectfully submitted, Attorneys for Defendant International Game Technology 2 3 By: /s/ Paul Karlsgodt 4 BAKERHOSTETLER 5 Paul Karlsgodt, Admitted Pro Hac Vice PKarlsgodt@bakerlaw.com David Friebus, Admitted Pro Hac Vice dfriebus@bakerlaw.com 1801 California Street | Suite 4400 Denver, CO 80202-2662 6 7 8 9 10 By: /s/ Adam T. Pankratz 11 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 12 13 Adam T. Pankratz, WSBA No. 50951 1201 Third Avenue, Suite 5150 Seattle, WA 98101 Telephone: 206-693-7057 E-mail: adam.pankratz@ogletree.com 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATION AND ORDER CASE NO. 18-CV-525-RSL 4 E DELSON PC 350 N LaSalle Street, 14th Floor, Chicago, IL 60654 Tel: 312.589.6370 • Fax: 312.589.6378 1 Dated: April 23, 2021 Respectfully submitted, 2 Attorneys for Double Down Interactive, LLC 3 By: /s/ Jaime Drozd Allen 4 DAVIS WRIGHT TREMAINE LLP 5 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: 206-757-8039 Fax: 206-757-7039 E-mail: jaimeallen@dwt.com E-mail: stuartdunwoody@dwt.com E-mail: cyrusansari@dwt.com E-mail: benrobbins@dwt.com 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDER The Parties’ stipulated motion is GRANTED. The Court ORDERS as follows: 20 21 22 23 24 25 26 27 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 5 E DELSON PC 350 N LaSalle Street, 14th Floor, Chicago, IL 60654 Tel: 312.589.6370 • Fax: 312.589.6378 1 2 3 4 5 6 7 8 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. 9 10 11 12 13 14 15 16 17 18 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. 19 20 ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 STIPULATION AND ORDER CASE NO. 18-CV-525-RSL 6 E DELSON PC 350 N LaSalle Street, 14th Floor, Chicago, IL 60654 Tel: 312.589.6370 • Fax: 312.589.6378

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