Nicholas v. Amazon.Com Inc

Filing 32

MINUTE ORDER. The Parties' stipulated notice extending certain deadlines (Dkt. No. 21 ) is SO ORDERED. Defendant's motion to dismiss (Dkt. No. 22 ) is considered timely and shall be RE-NOTED for 12/19/2022. Authorized by Judge Tana Lin. (SB)

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Case 2:22-cv-01616-TL Document 32 Filed 11/17/22 Page 1 of 3 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 13 14 ALEXANDRIA NICHOLAS, individually and on behalf of all others similarly situated, Plaintiff(s), CASE NO. 2:22-cv-01616-TL MINUTE ORDER v. AMAZON.COM INC, 15 Defendant(s). 16 17 The following Minute Order is made at the direction of the Court, the Honorable Tana 18 Lin, United States District Judge: 19 20 21 (1) This case was removed to this District and assigned to this Court on November 10, 2022. Dkt. No. 15. (2) The Parties filed a stipulated notice extending the deadline for Defendant 22 Amazon.com, Inc.’s motion to dismiss and related briefing deadlines. Dkt. No. 21. 23 Specifically, the Parties stipulated to a November 14, 2022, deadline for Defendant’s 24 MINUTE ORDER - 1 Case 2:22-cv-01616-TL Document 32 Filed 11/17/22 Page 2 of 3 1 motion to dismiss, a December 5 deadline for Plaintiff’s opposition, and a December 2 19 deadline for Defendant’s reply. Id. 3 (3) Defendant filed a motion to dismiss on November 14 and set the noting date to 4 December 23, 2022, four days after the stipulated deadline for Defendant’s reply. 5 Dkt. No. 22. 6 (4) Local Civil Rule (“LCR”) 10(g) provides that “[s]tipulations and stipulated motions 7 shall be binding on the court only if adopted by the court through an order.” 8 (5) LCR 7(b)(1) explains that “[t]he noting date is the date by which all briefing is 9 10 complete and the matter is ready for the court’s consideration . . . .” Therefore, the noting date is ordinarily the day on which the reply brief is due. 11 (6) LCR 7(d)(3) provides that “[m]otions to dismiss . . . shall be noted for consideration 12 on a date no earlier than the fourth Friday after filing and service of the motion.” 13 However, a moving party may renote its pending motion before an opposition is filed. 14 See LCR 7(l). 15 (7) The Parties’ stipulated notice and the noting date for Defendant’s motion to dismiss 16 do not comply with the local rules of this District. Ordinarily, the Parties’ stipulated 17 deadline for Defendant’s motion to dismiss would not be binding, absent court order, 18 and Defendant’s motion to dismiss would be noted for December 9, 2022. See LCR 19 7(d)(3), 10(g). It is also unclear why the Parties stipulated to a noting date that is 20 several days past the stipulated date by which briefing on the motion to dismiss would 21 be complete. 22 (8) In the interests of an orderly and efficient adjudication of this matter, the Court adopts 23 the Parties’ stipulated deadlines. The Parties are cautioned to review and abide by the 24 local rules, as well as this Court’s own procedures, in future proceedings. MINUTE ORDER - 2 Case 2:22-cv-01616-TL Document 32 Filed 11/17/22 Page 3 of 3 1 2 3 4 5 6 (9) Accordingly, it is hereby ORDERED: (a) The Parties’ stipulated notice extending certain deadlines (Dkt. No. 21) is SO ORDERED. (b) Defendant’s motion to dismiss (Dkt. No. 22) is considered timely and shall be RENOTED for December 19, 2022. Dated this 17th day of November 2022. 7 Ravi Subramanian Clerk of the Court 8 9 s/ Kadya Peter Deputy Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MINUTE ORDER - 3

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