Seberson v. Amazon.com Inc

Filing 9

ORDER re Parties' #8 Stipulated MOTION for Consolidation, Filing of Consolidated Amended Complaint, and Schedule for Answer or Motion to Dismiss. Case 21-cv-1009-RSM is consolidated into 21-cv-996-RSM. Signed by Judge Ricardo S. Martinez. All further filings must be filed in 21-cv-996-RSM. This case is statically CLOSED. (PM)

Case 2:21-cv-01009-RSM Document 9 Filed 09/01/21 Page 1 of 3

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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10 ANGELA HOGAN, on behalf of herself and
others similarly situated,
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Plaintiff,
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v.

Case No. 2:21-cv-00996-RSM
STIPULATED MOTION AND ORDER
FOR CONSOLIDATION, FILING OF
CONSOLIDATED AMENDED
COMPLAINT, AND SCHEDULE FOR
ANSWER OR MOTION TO DISMISS

14 AMAZON.COM, INC.,
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Defendant.

Note on Motion Calendar:
August 30, 2021

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17 ANDREA SEBERSON,
Plaintiff,

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v.

20 AMAZON.COM, INC.,
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Defendant.

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STIPULATION AND ORDER FOR
CONSOLIDATION AND SETTING DEADLINES
Case Nos. 2:21-cv-00996; and 2:21-cv-01009

Case No. 2:21-cv-01009-RSM
STIPULATED MOTION AND ORDER
FOR CONSOLIDATION, FILING OF
CONSOLIDATED AMENDED
COMPLAINT, AND SCHEDULE FOR
ANSWER OR MOTION TO DISMISS
Note on Motion Calendar:
August 30, 2021

Case 2:21-cv-01009-RSM Document 9 Filed 09/01/21 Page 2 of 3

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The parties, by and through their counsel, stipulate and agree as follows:

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1.

The above-captioned proposed class actions (“Hogan and Seberson”) each allege

3 antitrust claims against Amazon.com, Inc., based on alleged overcharges to consumers caused by
4 Amazon allegedly tying a Seller’s access to the “Buy Box” on the Amazon website to the Seller’s
5 purchase of Amazon’s fulfillment services. Plaintiffs in both Hogan and Seberson (“Plaintiffs”)
6 have identified their cases as related to two other proposed class actions pending before the Court,
7 which have since been consolidated into a single case under the caption De Coster, et al. v.
8 Amazon.com, Inc., 2:21-cv-693 (“De Coster”).
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2.

On August 5, 2021, counsel for plaintiffs in De Coster filed motions to consolidate

10 Hogan and Seberson into the De Coster Action. See 2:21-cv-00996, Dkt. 12; 2:21-cv-01009, Dkt.
11 4. Plaintiffs in Hogan and Seberson oppose consolidation with De Coster. See 2:21-cv-00996,
12 Dkt. 13; 2:21-cv-01009, Dkt. 5. Amazon has not taken a position on consolidation of Hogan and
13 Seberson with De Coster. Briefing on the De Coster consolidation motion has now closed.
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3.

Without regard to the Court’s resolution of the pending motion to consolidate

15 Hogan and Seberson into De Coster, Plaintiffs and Amazon (together, the “parties”) agree that
16 consolidation of the Hogan and Seberson Actions is appropriate because the actions involve
17 materially similar allegations. Further, because Amazon intends to file a motion to dismiss the
18 Hogan and Seberson complaints, the parties have discussed and agreed upon a briefing schedule
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4.

Based on the foregoing, the parties hereby stipulate and agree as follows:

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a.

If the Court denies the pending motions to consolidate Hogan and Seberson

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with De Coster, Plaintiffs shall file an amended class action complaint

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consolidating Hogan and Seberson within 14 days of entry of the Court’s order

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denying the motions;

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b.

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Plaintiffs file their consolidated amended class action complaint;

Amazon shall file its motion to dismiss (or answer) within 45 days after

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STIPULATION AND ORDER FOR
CONSOLIDATION AND SETTING DEADLINES - 1
Case Nos. 2:21-cv-00996; and 2:21-cv-01009

Case 2:21-cv-01009-RSM Document 9 Filed 09/01/21 Page 3 of 3

Plaintiffs’ opposition to any motion to dismiss by Amazon shall be due 45

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c.

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days after the filing of Amazon’s motion to dismiss; and

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d.

Amazon shall have 30 days to file its reply brief on its motion to dismiss.

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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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DATED this 1st day of September, 2021.

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Honorable Ricardo S. Martinez
United States District Judge

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STIPULATION AND ORDER FOR
CONSOLIDATION AND SETTING DEADLINES - 2
Case Nos. 2:21-cv-00996; and 2:21-cv-01009