Miller v. Amazon.com Inc et al

Filing 39

ORDER granting Parties' 33 Joint Motion Regarding Case Deadlines. Defendants shall have until June 23, 2021, to file their response to the Second Amended Complaint, which is anticipated to be a renewed motion to compel arbitration. Defe ndants are granted leave to file a 20-page brief in support of their anticipated motion to compel arbitration. The Court further orders that the page limit for Plaintiffs' response brief for such motion is extended to 20 pages, and Defendants ' reply brief shall be limited to 10 pages. The deadlines under Fed. R. Civ. P. 26(a) and Fed. R. Civ. P. 26(f), including those deadlines set forth in the Court's Order of March 15, 2021 (Dkt. No. 13 ), are hereby STAYED while Defendants' anticipated motion to compel arbitration is pending. Signed by Judge Barbara J. Rothstein.(MW)

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THE HONORABLE BARBARA J. ROTHSTEIN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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JENNIFER MILLER, EMAD AL-KAHLOUT, JUMA
LAWSON, PHILIP SULLIVAN, JOSE GRINAN,
KELLY KIMMEY, KIMBERLY HALO, and HAMADY
BOCOUM, on behalf of themselves and all
others similarly situated,

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NO. 2:21-cv-00204-BJR
JOINT MOTION AND ORDER REGARDING
CASE DEADLINES

Plaintiffs,

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v.
AMAZON.COM, INC., and AMAZON LOGISTICS,
INC.,
Defendants.

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JOINT MOTION

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The Second Amended Complaint having been filed and Defendants having withdrawn

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their pending Motion to Compel Arbitration and Stay, the parties, by and through their

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undersigned counsel, respectfully request that the Court: (1) grant Defendants until June 23,

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2021 (three weeks after the Second Amended Complaint was filed) to file a renewed motion to

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compel arbitration based on the Second Amended Complaint; (2) grant Defendants leave to file

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a twenty-page brief in support of that motion; and (3) grant a stay of deadlines under Fed. R.

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Civ. P. 26(a) and Fed. R. Civ. P. 26(f), including those deadlines set forth in the Court’s Order of

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March 15, 2021 (ECF Dkt. No. 13).

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Joint Motion and Order Regarding Case Deadlines - 1

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As grounds for this motion, the parties state:

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1.

Plaintiffs filed the Second Amended Complaint on June 2, 2021.

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2.

Also on June 2, 2021, Defendants filed a notice of withdrawal of their Motion to

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Compel Arbitration and Stay (ECF Dkt. No. 28), so that they could refile a motion to compel

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arbitration tailored to the claims and allegations in the Second Amended Complaint.

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3.

The parties have agreed to a deadline of three weeks after Plaintiff filed the

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Second Amended Complaint for Defendants to file a motion to compel arbitration (or otherwise

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respond to the Second Amended Complaint).

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4.

Accordingly, the parties request that the Court grant Defendants an extension

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until June 23, 2021, to file their response to the Second Amended Complaint (which will be a

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motion to compel arbitration).

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5.

Defendants also request that the Court allow Defendants to file a twenty-page

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brief in support of their motion to compel arbitration, to allow Defendants sufficient space to

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address the grounds for compelling the newly-added Plaintiffs’ claims to arbitration.

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6.

Plaintiffs assent to the requested extension of Defendants’ page limit.

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7.

Finally, Defendants request that the Court grant a stay of the deadlines set forth

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in the Court’s Order of March 15, 2021 (ECF Dkt. No. 13) and Fed. R. Civ. P. 26(a) and 26(f) while

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Defendants’ motion is pending.

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8.

As grounds for this request, Defendants state that in the interest of not wasting

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the time and expense of the parties and the Court, discovery and all related submissions should

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be stayed pending resolution of the motion to compel arbitration.

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9.

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Accordingly, the parties respectfully request that the Court grant this motion and enter

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Plaintiffs consent to the requested stay of these deadlines.

the proposed Order filed herewith.

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Joint Motion and Order Regarding Case Deadlines - 2

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RESPECTFULLY SUBMITTED AND DATED this 3rd day of June, 2021.
FAIR WORK, P.C.

DAVIS WRIGHT TREMAINE LLP

By: /s/ Hillary Schwab
Hillary Schwab, Admitted Pro Hac Vice
Email: [e-mail]
Brant Casavant, Admitted Pro Hac Vice
Email: [e-mail]
192 South Street, Suite 450
Boston, Massachusetts 02111
Telephone: [phone]
Facsimile: [phone]

By: /s/Kenneth E. Payson, WSBA #26369
Kenneth E. Payson, WSBA #26369
E-mail: [e-mail]
Sheehan Sullivan, WSBA #33189
Email: [e-mail]
920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
Telephone: [phone]
Facsimile: [phone]

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TERRELL MARSHALL LAW GROUP PLLC
By: /s/ Jennifer Rust Murray, WSBA #36983
Beth E. Terrell, WSBA #26759
Email: [e-mail]
Toby J. Marshall, WSBA #32726
Email: [e-mail]
Jennifer Rust Murray, WSBA #36983
Email: [e-mail]
936 North 34th Street, Suite 300
Seattle, Washington 98103
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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Richard G. Rosenblatt, Admitted Pro Hac Vice
Email: [e-mail]
MORGAN, LEWIS & BOCKIUS LLP
502 Carnegie Center
Princeton, NJ 08540-6241
Telephone: [phone]
Facsimile: [phone]
Michael J. Puma, Admitted Pro Hac Vice
Email: [e-mail]
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
Telephone: [phone]
Facsimile: [phone]
Michael E. Kenneally, Admitted Pro Hac Vice
Email: [e-mail]
MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004-2541
Telephone: [phone]
Facsimile: [phone]

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Joint Motion and Order Regarding Case Deadlines - 3

Mary Grace Patterson, Admitted Pro Hac Vice
Email:
[e-mail]
MORGAN, LEWIS & BOCKIUS LLP
One Federal Street
Boston, MA 02110-1726
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants Amazon.com, Inc.,
and Amazon Logistics, Inc.

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Joint Motion and Order Regarding Case Deadlines - 4

ORDER

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The Court, having reviewed the parties’ Joint Motion Regarding Case Deadlines, hereby

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ORDERS as follows:

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1.

The Court GRANTS the motion (Dkt. No. 33).

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Defendants shall have until June 23, 2021, to file their response to the Second

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Amended Complaint, which is anticipated to be a renewed motion to compel arbitration.

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3.

Defendants are granted leave to file a 20-page brief in support of their anticipated

motion to compel arbitration. The Court further orders that the page limit for Plaintiffs’ response
brief for such motion is extended to 20 pages, and Defendants’ reply brief shall be limited to 10

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pages.
4.

The deadlines under Fed. R. Civ. P. 26(a) and Fed. R. Civ. P. 26(f), including those

deadlines set forth in the Court’s Order of March 15, 2021 (Dkt. No. 13), are hereby STAYED while
Defendants’ anticipated motion to compel arbitration is pending.

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DATED this 10th day of June, 2021.

A

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Barbara Jacobs Rothstein
U.S. District Court Judge

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Joint Motion and Order Regarding Case Deadlines - 5