Cuervo v. Amazon.com Inc et al, No. 2:2021cv00660 - Document 74 (W.D. Wash. 2023)
Court Description: ORDER granting parties' 73 Joint Stipulated MOTION Modifying Scheduling Order and Extension of Time. Defendants' 69 Motion for Summary Judgment re-noted to 10/27/2023, Plaintiff's Responses due by 10/9/2023, Defendants 9; Replies due by 10/27/2023. Attorney settlement conference to be held by 11/6/2023, Motions in Limine due by 1/12/2024, Agreed Pretrial Order due by 2/5/2024, Voir dire/jury instructions/trial briefs due by 2/26/2024, Jury Trial is set for 3/4/2024 before Judge Robert S. Lasnik. Signed by Judge Robert S. Lasnik.(MJV)
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Cuervo v. Amazon.com Inc et al Doc. 74 Case 2:21-cv-00660-RSL Document 74 Filed 08/31/23 Page 1 of 7 1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 DIANA CUERVO, 8 9 10 11 12 13 Plaintiff, v. AMAZON.COM, INC., AMAZON.COM, SERVICES LLC, and CHRISTOPHER STOIA, in his individual and professional capacities, 15 17 18 STIPULATED M OTION AND ORDER MODIFYING SCHEDULING ORDER AND EXTENSION OF TIME Defendants. 14 16 No. 2:21-cv-00660-RSL STIPULATION Pursuant to Federal and Local Rule of Civil Procedure 16, the parties, Plaintiff Diana Cuervo (“Plaintiff”) and Defendants Amazon.com, Inc., Amazon.com, Services LLC 19 (“Amazon”), and Christopher Stoia (with Amazon, “Defendants”), by and through their 20 undersigned counsel of record, hereby respectfully submit and jointly move the Court for a 30- 21 day extension/continuance of the briefing schedule in response to Defendants’ Motion for 22 23 24 25 26 Summary Judgment (Dkt. # 69-72) and other case deadlines. Counsel for the parties have conferred and agree that good cause exists to modify the case schedule, with reference to the following: 1. On May 15, 2023, the Court issued a Third Amended Order Setting Trial Date STI PUL ATE D M OTI ON AN D O R DE R M OD I F YI N G S CHE D. O RD E R 1 S C H R O E T E R G O L D M A R K & B EN D E R 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Dockets.Justia.com Case 2:21-cv-00660-RSL Document 74 Filed 08/31/23 Page 2 of 7 1 and Related Dates, scheduling a two- to five-day jury trial to commence on December 4, 2032. 2 Dkt # 63. 3 4 5 6 7 2. On July 14, 2023, the Court issued an Order Granting Motion for Relief from Discovery Deadline, extending the deadlines for the parties to complete discovery and hold a settlement conference. Dkt. # 68. No other changes to the Third Amended Order Setting Trial Date and Related Dates were made. See id. 8 3. The Parties completed discovery in this matter on August 1, 2023. 9 4. On August 14, 2023, Defendants filed a Motion for Summary Judgment which 10 11 12 13 14 15 16 was noted for September 8, 2023. Dkt. # 69-72. Plaintiffs’ opposition to that Motion is currently due September 5, 2023. 5. Counsel for Plaintiff, Mr. Pearson and Mr. Pelicci, have been serving as sole trial counsel in a jury trial that began on August 21, 2023 in Virginia, and have been actively engaged in preparing for, serving as lead counsel for the plaintiff in, and attending that trial. 6. In addition, counsel for Plaintiff Mr. Pelicci has been responsible for caring for 17 an ill family member who has been in the hospital for multiple weeks in August 2023, requiring 18 him to take time away from work to attend to this family member. 19 20 21 22 23 7. As a result, the Parties’ counsel have discussed that due to these scheduling conflicts, the Parties need additional time to complete briefing in response to Defendants’ Motion for Summary Judgment. 8. By email, the Parties’ counsel have met and conferred regarding upcoming 24 scheduling deadlines and these conflicts, and all Parties agree that additional time is warranted 25 to complete relevant case deadlines. 26 9. Therefore, in light of the foregoing, the Parties respectfully request that the STI PUL ATE D M OTI ON AN D O R DE R M OD I F YI N G S CHE D. O RD E R 2 S C H R O E T E R G O L D M A R K & B EN D E R 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Case 2:21-cv-00660-RSL Document 74 Filed 08/31/23 Page 3 of 7 1 currently scheduled deadline for responding to Defendants’ Motion for Summary Judgment be 2 extended by 30 days, with corresponding adjustments to other previously ordered dates and 3 4 5 6 7 8 9 10 11 12 13 14 deadlines. The Parties are specifically requesting that the deadline for Plaintiff’s response to Defendants’ Motion for Summary Judgment be extended from September 5, 2023 to October 9, 2023, and Defendants’ reply brief be extended from September 8, 2023 to October 27, 2023. 10. The Parties have previously requested four modifications of the discovery schedule or a continuance of the trial date. 11. The Parties therefore respectfully bring this Stipulated Motion in good faith and without intent to cause undue delay, prejudice, or expense on any other party or this Court. THER EFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. The following dates on the Court’s May 15, 2023 Third Amended Order Setting 15 Trial Date and Related Dates (Dkt. # 63) and July 14, 2023 Minute Order Granting Motion for 16 Relief from Discovery Deadline (Dkt. # 68) shall be modified as shown below: 17 18 19 20 21 22 23 24 25 26 EVENT CURRENT DATE NEW DATE Deadline for Plaintiff to File Response to Defendants’ Motion for Summary Judgment September 5, 2023 October 9, 2023 Deadline for Defendants to File Reply to Defendants’ Motion for Summary Judgment and Noting Date for Motion September 8, 2023 October 27, 2023 Settlement Conference of Counsel Deadline August 25, 2023 November 6, 2023 STI PUL ATE D M OTI ON AN D O R DE R M OD I F YI N G S CHE D. O RD E R 3 S C H R O E T E R G O L D M A R K & B EN D E R 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Case 2:21-cv-00660-RSL Document 74 Filed 08/31/23 Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 EVENT CURRENT DATE NEW DATE Motions in Limine Filing Deadline (Must be Noted No Earlier than the Second Friday Thereafter. Replies will be Accepted.) October 13, 2023 January 12, 2024 Agreed Pretrial Order Due November 6, 2023 February 5, 2024 Trial Briefs, Proposed Voir Dire Questions, Proposed Jury Instructions, and Trial Exhibits November 29, 2023 February 26, 2024 Trial December 4, 2023 March 4, 2024 13 2. This Order shall not revive pretrial deadlines that have already expired. 14 SO STIPULATED this 30th the day of August, 2023. 15 By: s/Elizabeth Ann Hanley Elizabeth Ann Hanley SCHROETER GOLDMARK & BENDER 401 Union St., SUITE 3400 Seattle, WA 98101 Telephone: (206) 622-8000 Facsimile: (206) 682-2305 hanley@sgb-law.com 16 17 18 19 20 By: s/Lawrence M. Pearson Lawrence M. Pearson (admitted pro hac vice) Alfredo J. Pelicci (admitted pro hac vice) WIGDOR LLP 85 Fifth Avenue New York, NY 10003 Telephone: (212) 257-6800 Facsimile: (212) 257-6845 lpearson@wigdorlaw.com apelicci@wigdorlaw.com 21 22 23 24 25 26 STI PUL ATE D M OTI ON AN D O R DE R M OD I F YI N G S CHE D. O RD E R 4 S C H R O E T E R G O L D M A R K & B EN D E R 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Case 2:21-cv-00660-RSL Document 74 Filed 08/31/23 Page 5 of 7 Attorneys for Plaintiff Diana Cuervo 1 2 By: s/Todd L. Nunn Todd L. Nunn, WSBA #23267 K&L GATES LLP 925 Fourth Avenue, Suite 2900 Seattle, WA 98104-1158 Telephone: (206) 623-7580 Facsimile: (206) 623-7022 Todd.Nunn@klgates.com 3 4 5 6 7 By: s/Megan Cooney Megan Cooney (admitted pro hac vice) GIBSON, DUNN & CRUTCHER LLP 3161 Michelson Drive, Suite 1200 Irvine, CA 92612-4412 Telephone: (949) 451-3800 Facsimile: (949) 451-4220 mcooney@gibsondunn.com 8 9 10 11 Attorneys for Defendants Amazon.com, Inc., Amazon.com Services LLC and Christopher Stoia 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STI PUL ATE D M OTI ON AN D O R DE R M OD I F YI N G S CHE D. O RD E R 5 S C H R O E T E R G O L D M A R K & B EN D E R 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Case 2:21-cv-00660-RSL Document 74 Filed 08/31/23 Page 6 of 7 ORDE R 1 2 Upon consideration of the Stipulated Motion Modifying the Scheduling Order, and 3 good cause having been shown, it is hereby ORDERED that the Stipulated Motion is 4 GRANTED and it is SO ORDERED that the following pretrial deadlines are extended and/or 5 modified as follows: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EVENT CURRENT DATE NEW DATE Deadline for Plaintiff to File Response to Defendants’ Motion for Summary Judgment Opposition September 5, 2023 October 9, 2023 Deadline for Defendants to File Reply to Defendants’ Motion for Summary Judgment Reply and Noting Date for Motion September 8, 2023 October 27, 2023 Settlement Conference of Counsel Deadline August 25, 2023 November 6, 2023 Motions in Limine Filing Deadline (Must be Noted No Earlier than the Second Friday Thereafter. Replies will be Accepted.) October 13, 2023 January 12, 2024 Agreed Pretrial Order Due November 6, 2023 February 5, 2024 Trial Briefs, Proposed Voir Dire Questions, Proposed Jury Instructions, and Trial Exhibits November 29, 2023 February 26, 2024 Trial December 4, 2023 STI PUL ATE D M OTI ON AN D O R DE R M OD I F YI N G S CHE D. O RD E R 6 March 4, 2024 S C H R O E T E R G O L D M A R K & B EN D E R 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Case 2:21-cv-00660-RSL Document 74 Filed 08/31/23 Page 7 of 7 1 2 3 The Clerk of Court is directed to renote defendant’s motion for summary judgment on the Court’s calendar for Friday, October 27, 2023. 4 5 Dated this 31st day of August, 2023. 6 7 ROBER T S. LASNIK United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STI PUL ATE D M OTI ON AN D O R DE R M OD I F YI N G S CHE D. O RD E R 7 S C H R O E T E R G O L D M A R K & B EN D E R 401 Union Street Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305
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