Beagle et al v. Amazon.com Inc et al

Filing 58

ORDER re Parties' 57 Motion to Stay. Amazon's deadline to respond to Plaintiffs' Second Amended Complaint is stayed. Plaintiffs are granted leave to file a third amended complaint by 12/9/2024, Amazon's deadline to respond to Pl aintiffs' amended complaint is extended to 1/17/2025, Plaintiffs' response to any motion to dismiss the amended complaint is extended to 2/14/2025, and Amazon's reply in support is extended to 2/28/2025. Signed by Judge James L. Robart. (MJV)

The Honorable James L. Robart

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

9 MEREDITH BEAGLE, JORDAN GUERRERO, No. 2:24-cv-00316-JLR
10 and SOFAUNA JOHNSON on Behalf of
______________
Themselves and All Others Similarly Situated,
STIPULATED AND [PROPOSED]
ORDER FOR STAY, FILING OF
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AMENDED COMPLAINT, AND
Plaintiffs,
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SCHEDULE FOR ANSWER OR
v.
MOTION TO DISMISS
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14 AMAZON.COM, INC. and AMAZON.COM
SERVICES LLC,
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Defendants.
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NOTE ON MOTION CALENDAR:
NOVEMBER 4, 2024

STIPULATED MOTION
Pursuant to Local Civil Rules 10(g) and Federal Rule of Civil Procedure 6, the Parties

19 having conferred about additional information requested by Plaintiffs, stipulate and agree,
20 subject to the Court approval, as follows:
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WHEREAS, Plaintiffs filed their Second Amended Complaint, (“SAC”), Dkt. 56, on

22 October 21, 2024, asserting claims against Amazon.com, Inc., and Amazon.com Services LLC
23 (collectively “Amazon”) under the Video Privacy Protection Act, 18 U.S.C. § 2710 and
24 California Civil Code § 1799.3. Id. ¶¶ 150–166.
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WHEREAS, prior to filing the SAC, Plaintiff Sofauna Johnson alleges that she submitted

26 multiple data requests to Amazon pursuant to Cal. Civ. Code § 1798.110 et seq. See SAC ¶¶ 97–
27 106. Johnson alleges that she submitted her first data request on July 10, 2024, through
__________ ORDER FOR
STIPULATION AND [PROPOSED]
SETTING DEADLINES- 1
(2:24-cv-00316-JLR)

Davis Wright Tremaine LLP
L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

1 Amazon’s “Request Your Data” webpage. Id. ¶ 98. Amazon asserts that its records show that
2 Johnson’s July 10, 2024 request was incomplete because it sought only Johnson’s subscription
3 data, and that Amazon complied with that request by providing Johnson this data.
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WHEREAS, Johnson alleges she then submitted a second data request on October 3,

5 2024, by emailing Amazon a request seeking data under Cal. Civ. Code § 1798.110 and
6 § 1798.115(c). Id. ¶ 103. In the SAC, Johnson alleges that Amazon has yet to fully respond to
7 Johnson’s second request and that Amazon’s failure to respond supports a reasonable inference
8 in Plaintiffs’ favor that Johnson’s data was disclosed in violation of the VPPA. Id. ¶ 106.
9 Amazon denies these allegations.
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WHEREAS, Cal. Civ. Code § 1798.130(a)(2)(A) establishes a 45-day deadline for

11 businesses to respond to consumer requests under Cal. Civ. Code § 1798.110 et seq.
12 Accordingly, Amazon has until November 18, 2024, to respond to Johnson’s October 3, 2024
13 request.
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WHEREAS, recognizing that Amazon’s time to respond Johnson’s October 3, 2024 data

15 request has not expired, and that a further response might affect Plaintiff’s allegations in the
16 SAC, counsel for Amazon met and conferred with Plaintiffs’ counsel (i) to clarify the issues
17 surrounding Johnson’s second data request and Amazon’s forthcoming response, and (ii) the
18 possibliy of an amendment by Plaintiffs based on Amazon’s response. Having met and
19 conferred, counsel for Plaintiffs and Amazon have agreed, subject to the approval of the Court,
20 to stay Amazon’s deadline to respond to Plaintiffs’ SAC and to allow Plaintiffs leave to file a
21 third amended complaint after receiving and reviewing Amazon’s response to Johnson’s second
22 data request. Counsel for Plaintiffs and Amazon further agree that a stay is appropriate here
23 because: (1) no damage or prejudice to either party will result from a stay; and (2) staying
24 Amazon’s deadline to respond so that Plaintiffs can file an third amended complaint will help
25 simplify the issues and questions of law in this case. See CMAC, Inc. v. Hall, 300 F.2d 265, 268
26 (9th Cir. 1962) (in determining whether to grant a stay, courts consider “possible damage which
27 may result from the granting of stay, the hardship or inequity which a party may suffer in being
___________ ORDER FOR
STIPULATION AND [PROPOSED]
SETTING DEADLINES- 2
(2:24-cv-00316-JLR)

Davis Wright Tremaine LLP
L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

1 required to go forward, and the orderly course of justice measured in terms of the simplifying or
2 complicating of issues, proof, and questions of law which could be expected to result from a
3 stay.”).
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NOW THEREFORE, subject to the approval of the Court, the Parties hereby agree as

5 follows:
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1.

Amazon’s time to respond to Plaintiffs’ Second Amended Complaint shall be

7 stayed and Amazon shall not be required to answer or move with respect to the presently filed
8 Second Amended Complaint at this time.
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2.

Plaintiffs will have until December 9, 2024, to file a Third Amended Complaint

10 based upon additional information received by Plaintiffs from Amazon, should they chose to do
11 so, or designate the previously filed Second Amended Complaint as the operative complaint.
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3.

Amazon shall file their dispositive motion to the operative pleading on or before

13 January 17, 2025.
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4.

Plaintiffs shall file their opposition to any dispositive motion on or before

15 February 14, 2025.
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5.

Amazon’s reply to any opposition shall be due by February 28, 2025.

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The Parties have previously sought and obtained one prior extension of time in this

19 matter. The only deadlines or case event dates that will be impacted by this stipulated extension
20 concern the deadlines for Amazon to respond to Plaintiffs’ Second Amended Complaint and any
21 associated briefing schedule for any motion to dismiss.
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IT IS SO STIPULATED.

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DATED this 4 November, 2024.

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STIPULATION AND ORDER FOR SETTING
DEADLINES- 3
(2:24-cv-00316-JLR)

Davis Wright Tremaine LLP
L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

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BURNS CHAREST LLP

2 By _s/ Amanda K. Klevorn____
Amanda K. Klevorn, pro hac vice
Korey A. Nelson, pro hac vice
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Laura S. Seggerman, pro hac vice
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365 Canal Street, Suite 1170
New Orleans, LA 70130
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Telephone: [phone]
Facsimile: [phone]
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Email: [e-mail]
Email: [e-mail]
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Email: [e-mail]
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Cristina Delise, pro hac vice
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757 Third Avenue, 20th Floor
New York, NY 10017
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Telephone: [phone]
Facsimile: [phone]
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Email: [e-mail]
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DUNCAN LAW, PLLC
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Shaquelle M. Duncan, WSBA #56701
410 SW 10th Street, Suite 215
Renton, WA 98057
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

18 BRAGAR EAGEL & SQUIRE, P.C.
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Melissa A. Fortunato, pro hac vice
580 California Street, Suite 1200
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Lawrence P. Eagel, pro hac vice
Casey C. DeReus, pro hac vice
810 Seventh Avenue, Suite 620
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

DAVIS WRIGHT TREMAINE LLP
By s/ John Goldmark
John Goldmark, WSBA #40980
Lauren B. Rainwater, WSBA #43625
Erwin Reschke, pro hac vice
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Counsel for Defendants Amazon.com, Inc.
and Amazon.com Services LLC

CARSON NOEL PLLC
By _s/ Wright A. Noel__________
Wright A. Noel
20 Sixth Avenue NE
Issaquah, WA 98027
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
BURSOR & FISHER, P.A.
Joseph I. Marchese, pro hac vice
Phillip L. Fraietta, pro hac vice
1300 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Brittany S. Scott, pro hac vice
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Plaintiff Sofauna Johnson

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STIPULATION AND [PROPOSED] ORDER FOR
SETTING DEADLINES- 4
(2:24-cv-00316-JLR)

Davis Wright Tremaine LLP
L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

1 Counsel for Plaintiffs Meredith Beagle
2 and Jordan Guerrero
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_________ ORDER FOR
STIPULATION AND [PROPOSED]
SETTING DEADLINES- 5
(2:24-cv-00316-JLR)

Davis Wright Tremaine LLP
L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

___________ ORDER
[PROPOSED]

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Pursuant to the Parties’ above stipulated motion, the Court Orders that:
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stayed;

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Amazon’s deadline to respond to Plaintiffs’ amended complaint is extended to
January 17, 2025;

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Plaintiffs are granted leave to file a third amended complaint by December 9,
2024,

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Amazon’s deadline to respond to Plaintiffs’ Second Amended Complaint is

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Plaintiffs’ response to any motion to dismiss the amended complaint is extended

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to February 14, 2025, and Amazon’s reply in support is extended to February 28,

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2025.

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IT IS SO ORDERED this 4th day of November, 2024.

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A

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The Honorable James L. Robart
UNITED STATES DISTRICT JUDGE

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__________ ORDER FOR
STIPULATION AND [PROPOSED]
SETTING DEADLINES- 6
(2:24-cv-00316-JLR)

Davis Wright Tremaine LLP
L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax