Garner et al v. Amazon.com Inc et al

Filing 142

ORDER granting Parties' #140 Stipulated MOTION to Modify Case Deadlines. Fact Discovery completed by 8/16/2023, Class Certification Motion due by 10/10/2023, Opposition due by 12/8/2023, Reply due by 1/11/2024. Signed by Judge Robert S. Lasnik. (SS)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

WESTERN DISTRICT OF WASHINGTON

9

AT SEATTLE

10
11 KAELI GARNER, et al.,

Case No.: 2:21-cv-00750-RSL

12

STIPULATED MOTION TO MODIFY
CASE DEADLINES AND ORDER

13

Plaintiffs,
v.

14 AMAZON.COM, INC., a Delaware
Corporation, and AMAZON.COM SERVICES,
15 LLC, a Delaware Limited Liability Company,
16

Defendants.

17
18

STIPULATED MOTION

19

Plaintiffs and Defendants (together, the “parties”), hereby stipulate to modifying the court-

20 ordered deadline for the end of fact discovery and subsequent case deadlines.
21

On November 17, 2021, Plaintiffs filed the Amended Consolidated Class Action

22 Complaint against Defendants.
23

On February 18, 2022, the Court issued an Order Setting Discovery And Pretrial Dates that

24 set the close of fact discovery on December 16, 2022. ECF No. 72.
25

The parties have engaged in discovery, including document requests, interrogatories, and

26 discovery conferences, as well as discovery-related motion practice.
27

The Court recently resolved outstanding disputes between the parties. ECF Nos. 123, 136,

28 138, 139.
STIP. MOTION TO MODIFY CASE
DEADLINES AND ORDER
CASE NO.: 2:21-CV-00750-RSL

FENWICK & WEST LLP

-1-

1191 SECOND AVENUE, 10TH FLOOR
SEATTLE, WASHINGTON 98101

In view of the Court’s recent orders on discovery, the parties have met and conferred in

1

2 good faith to discuss the need for an extension of the fact discovery deadline given the significant
3 volume of discovery to be completed. The parties agree that there is good cause to extend that
4 deadline to August 16, 2023 in order to complete fact discovery, including the discovery addressed
5 in the Court’s October 3 and 31 orders (ECF Nos. 123, 136), and depositions of both parties.
The parties agree and respectfully request that the Court extend fact discovery cutoff and

6

7 subsequent deadlines by approximately eight-and-a-half months as follows:
8



August 16, 2023 - Fact discovery cutoff

9



October 10, 2023 - Last day to file motion for class certification (including expert
report in support of class certification)

10


11

December 8, 2023 - Last day to file opposition to class certification (including
expert report in opposition to class certification)

12


13

January 11, 2024 - Last day to file reply in support of class certification (including

14

reply class certification expert report limited to any new subjects introduced in

15

opposition report)
The Parties further agree to continue discussing in good faith interim deadlines related to

16

17 fact discovery but may need further assistance from the Court if they are unable to come to a
18 resolution. These interim deadlines will include, inter alia, deadlines for Defendants’ substantial
19 completion of document production and production of privilege logs. Defendants are in the
20 process of collecting the ESI necessary to comply with the Court’s order, and are assessing the
21 time and resources necessary to complete their production. Defendants currently anticipate that
22 their production will be substantially complete at least four months before the close of discovery,
23 but if additional time is required, the parties agree jointly to request a further extension of the fact
24 discovery cutoff to ensure that plaintiffs have four months to review Defendants’ document
25 production and complete fact witness depositions.
26 / /
27 / /
28 / /
STIP. MOTION TO MODIFY CASE
DEADLINES AND ORDER
CASE NO.: 2:21-CV-00750-RSL

FENWICK & WEST LLP

-2-

1191 SECOND AVENUE, 10TH FLOOR
SEATTLE, WASHINGTON 98101

1

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the

2 undersigned Parties, and respectfully submitted for the Court’s approval, that the deadline for the
3 close of fact discovery and subsequent case deadlines be extended as follows:
4
5

Event

Former Deadline

Fact discovery cut-off

December 16, 2022

Operative
Deadline
August 16, 2023

Last day to file motion for class
certification (including expert report
in support of class certification)

January 26, 2023

October 10, 2023

Last day to file opposition to class
certification (including expert report
in opposition to class certification)

March 24, 2023

December 8, 2023

Last day to file reply in support of
class certification (including reply
class certification expert report
limited to any new subjects
introduced in opposition report)

April 28, 2023

January 11, 2024

6
7
8
9
10
11
12
13
14
15 Dated: November 17, 2022

Respectfully submitted,

16

By: s/ Brian D. Buckley
Brian D. Buckley, WSBA No. 26423

17

FENWICK & WEST LLP
Brian D. Buckley
Y. Monica Chan, WSBA No. 58900
1191 Second Avenue, 10th Floor
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206.389.4511
Email:
[e-mail]
[e-mail]

18
19
20
21
22

Laurence F. Pulgram (admitted pro hac vice)
Jedediah Wakefield (admitted pro hac vice)
Armen N. Nercessian (admitted pro hac vice)
Garner F. Kropp (admitted pro hac vice)
Esther D. Galan (admitted pro hac vice)
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415. 281.1350
Email:
[e-mail]
[e-mail]

23
24
25
26
27
28
STIP. MOTION TO MODIFY CASE
DEADLINES AND ORDER
CASE NO.: 2:21-CV-00750-RSL

FENWICK & WEST LLP

-3-

1191 SECOND AVENUE, 10TH FLOOR
SEATTLE, WASHINGTON 98101

[e-mail]
[e-mail]
[e-mail]

1
2

Counsel for Defendants
AMAZON.COM, INC. and
AMAZON.COM SERVICES, LLC

3
4
5
6

Dated: November 17, 2022

7

Respectfully submitted,
By: s/ Bradley S. Keller
Bradley S. Keller, WSBA No. 10665

8

BYRNES KELLER CROMWELL LLP
Bradley S. Keller
1000 Second Avenue
Seattle, Washington 98104
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

9
10
11
12

s/ Michael P. Canty
Michael P. Canty

13
14

LABATON SUCHAROW LLP
Michael P. Canty (admitted pro hac vice)
Carol C. Villegas (admitted pro hac vice)
Guillaume Buell (admitted pro hac vice)
David Saldamando (admitted pro hac vice)
Danielle Izzo (admitted pro hac vice)
140 Broadway
New York, NY 10005
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

15
16
17
18
19
20
21
22

ROBBINS GELLER RUDMAN & DOWD
LLP
Paul J. Geller (pro hac vice forthcoming)
Stuart A. Davidson (admitted pro hac vice)
Alexander H. Cohen (admitted pro hac vice)
120 East Palmetto Park Road, Suite 500
Boca Raton, FL 33432
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]

23
24
25
26
27
28
STIP. MOTION TO MODIFY CASE
DEADLINES AND ORDER
CASE NO.: 2:21-CV-00750-RSL

FENWICK & WEST LLP

-4-

1191 SECOND AVENUE, 10TH FLOOR
SEATTLE, WASHINGTON 98101

1

BURSOR & FISHER, P.A.
L. Timothy Fisher (admitted pro hac vice)
1990 N. California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail]

2
3
4
5

Alec M. Leslie (admitted pro hac vice)
Max S. Roberts (admitted pro hac vice)
888 Seventh Avenue, Third Floor
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail]
[e-mail]

6
7
8
9

ZIMMERMAN REED LLP
Brian C. Gudmundson (admitted pro hac vice)
Jason P. Johnston (admitted pro hac vice)
Michael J. Laird (admitted pro hac vice)
1100 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]

10
11
12
13
14
15

20

LOCKRIDGE GRINDAL NAUEN P.L.L.P.
Robert K. Shelquist (admitted pro hac vice)
Rebecca A. Peterson (admitted pro hac vice)
100 Washington Ave. South, Suite 2200
Minneapolis, MN 55401
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]

21

Counsel for Plaintiffs

16
17
18
19

22
23
24
25
26
27
28
STIP. MOTION TO MODIFY CASE
DEADLINES AND ORDER
CASE NO.: 2:21-CV-00750-RSL

FENWICK & WEST LLP

-5-

1191 SECOND AVENUE, 10TH FLOOR
SEATTLE, WASHINGTON 98101

ORDER

1

Pursuant to the Parties’ Stipulated Motion to Modify Case Deadlines, it is HEREBY

2

3 ORDERED that the deadline for the close of fact discovery and subsequent case deadlines be
4 extended as shown follows:
5
6

Event

Former Deadline

Fact discovery cut-off

December 16, 2022

Operative
Deadline
August 16, 2023

Last day to file motion for class
certification (including expert report
in support of class certification)

January 26, 2023

October 10, 2023

Last day to file opposition to class
certification (including expert report
in opposition to class certification)

March 24, 2023

December 8, 2023

Last day to file reply in support of
class certification (including reply
class certification expert report
limited to any new subjects
introduced in opposition report)

April 28, 2023

January 11, 2024

7
8
9
10
11
12
13
14
15 .
16 Dated this 18th day of November, 2022.
17
18

ROBERT S. LASNIK
UNITED STATES DISTRICT JUDGE

19
20
21
22
23
24
25
26
27
28
STIP. MOTION TO MODIFY CASE
DEADLINES AND ORDER
CASE NO.: 2:21-CV-00750-RSL

FENWICK & WEST LLP

-6-

1191 SECOND AVENUE, 10TH FLOOR
SEATTLE, WASHINGTON 98101