Garner et al v. Amazon.com Inc et al, No. 2:2021cv00750 - Document 189 (W.D. Wash. 2023)

Court Description: ORDER granting 188 Stipulated MOTION to Modify Discovery and Pretrial Dates and [Proposed] Order. Fact discovery completed by 10/30/2023, Motions for class certification due by 12/22/2023, Last day to file opposition to class certification 2/27/2024, Last day to file reply in support of class certification 3/28/2024. Signed by Judge Robert S. Lasnik. (MJV)

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Garner et al v. Amazon.com Inc et al Doc. 189 Case 2:21-cv-00750-RSL Document 189 Filed 07/31/23 Page 1 of 6 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 ) ) ) Plaintiffs, ) ) v. ) ) AMAZON.COM, INC., a Delaware Corporation, and AMAZON.COM SERVICES ) LLC, a Delaware Limited Liability Company, ) ) Defendants. ) 11 KAELI GARNER, et al., 12 13 14 15 16 Case No. 2:21-cv-00750-RSL STIPULATED MOTION TO MODIFY DISCOVERY AND PRETRIAL DATES AND ORDER 17 18 Plaintiffs and Defendants, by and through their undersigned counsel, hereby stipulate to 19 the following: 20 WHEREAS, this stipulation memorializes the parties agreement that the close of fact 21 discovery should be extended by 75 days to October 30, 2023. 22 WHEREAS, on November 17, 2021, Plaintiffs filed their First Amended Consolidated 23 Complaint against Defendants. ECF 59. 24 WHEREAS, on February 18, 2022, the Court issued an Order Setting Discovery and 25 Pretrial Dates, which set December 16, 2022 as the close of fact discovery. ECF 72. 26 STIPULATED MOTION TO MODIFY DISCOVERY AND PRETRIAL DATES CASE NO.: 2:21-CV-00750-RSL -1- 38TH FLOOR 1000 SECOND AVENUE SEATTLE, WASHINGTON 98104 (206) 622-2000 Dockets.Justia.com Case 2:21-cv-00750-RSL Document 189 Filed 07/31/23 Page 2 of 6 1 WHEREAS, on November 18, 2022, the Court granted the parties Stipulated Motion to 2 Modify Case Deadlines, which, among other things, set August 16, 2023 as the close of fact 3 discovery. ECF 142 at 6. 4 WHEREAS, the parties Stipulated Motion to Modify Case Deadlines also contemplated 5 an additional extension to complete and review the parties document production and complete 6 fact witness depositions. Id. at 2. 7 WHEREAS, the parties have engaged in extensive document discovery, including 8 document requests, interrogatories, requests for admission, discovery dispute conferences, and ten 9 motions to compel discovery, and two of these motions to compel are fully briefed and pending 10 with the Court, see ECF 173, 177, and the parties are still in the process of responding to each 11 other s discovery requests, producing electronically stored information, and scheduling 12 depositions. 13 WHEREAS, the parties have cooperatively discussed the need for an extension of the 14 discovery and pretrial schedule. 15 WHEREAS, as part of their cooperative discussions regarding the need for such an 16 extension of the case schedule, the parties agreed to the following: 17 Depositions: All parties agree to make at least two witnesses available in August 18 2023 and at least three witnesses in September 2023 in order to keep fact discovery 19 moving. For the sake of efficiency, resources, and convenience, no witnesses will 20 be required to travel for depositions. 21 Written Discovery: No party will serve new written discovery on another party, 22 except for discovery both based on information learned in a deposition and 23 following up on prior written discovery, supported by a citation to the deposition 24 transcript and prior interrogatory, request for admission, or request for production. 25 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the 26 undersigned parties, and respectfully submitted for the Court s approval, that the fact discovery STIPULATED MOTION TO MODIFY DISCOVERY AND PRETRIAL DATES CASE NO.: 2:21-CV-00750-RSL -2- 38TH FLOOR 1000 SECOND AVENUE SEATTLE, WASHINGTON 98104 (206) 622-2000 Case 2:21-cv-00750-RSL Document 189 Filed 07/31/23 Page 3 of 6 1 deadline will be extended by 75 days and all other deadlines in the case will be extended as 2 reflected below. 3 4 5 6 7 8 9 10 11 12 13 14 Event Former Deadline Operative Deadline Fact discovery cut-off August 16, 2023 October 30, 2023 Last day to file motion for class certification (including expert report in support of class certification) Last day to file opposition to class certification (including expert report in opposition to class certification) 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) October 10, 2023 December 22, 2023 December 8, 2023 February 27, 2024 January 11, 2024 March 28, 2024 15 16 17 18 IT IS SO STIPULATED. Respectfully submitted, DATED: July 27, 2023 /s/ Bradley S. Keller BYRNES KELLER CROMWELL LLP BRADLEY S. KELLER (WSBA# 10665) 1000 Second Avenue Seattle, WA 98104 Telephone: 206/622-2000 206/622-2522 (fax) bkeller@byrneskeller.com 19 20 21 22 Liaison Counsel for Plaintiffs and the Class 23 24 25 26 STIPULATED MOTION TO MODIFY DISCOVERY AND PRETRIAL DATES CASE NO.: 2:21-CV-00750-RSL -3- 38TH FLOOR 1000 SECOND AVENUE SEATTLE, WASHINGTON 98104 (206) 622-2000 Case 2:21-cv-00750-RSL Document 189 Filed 07/31/23 Page 4 of 6 1 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: 212/907-0700 212/818-0477 (fax) mcanty@labaton.com cvillegas@labaton.com gbuell@labaton.com dsaldamando@labaton.com dizzo@labaton.com 2 3 4 5 6 7 8 9 10 11 21 ROBBINS GELLER RUDMAN & DOWD LLP PAUL J. GELLER STUART A. DAVIDSON (admitted pro hac vice) MARK DEARMAN (admitted pro hac vice) NICOLLE BRITO (admitted pro hac vice) ALEXANDER C. COHEN (admitted pro hac vice) 225 NE Mizner Blvd., Suite 720 Boca Raton, FL 33432 Telephone: 561/750-3000 561/750-3364 (fax) pgeller@rgrdlaw.com sdavidson@rgrdlaw.com mdearman@rgrdlaw.com nbrito@rgrdlaw.com acohen@rgrdlaw.com 22 Co-Lead Counsel for Plaintiffs and the Class 12 13 14 15 16 17 18 19 20 23 24 25 26 STIPULATED MOTION TO MODIFY DISCOVERY AND PRETRIAL DATES CASE NO.: 2:21-CV-00750-RSL -4- 38TH FLOOR 1000 SECOND AVENUE SEATTLE, WASHINGTON 98104 (206) 622-2000 Case 2:21-cv-00750-RSL Document 189 Filed 07/31/23 Page 5 of 6 1 s/ Brian D. Buckley Brian D. Buckley, WSBA No. 26423 2 FENWICK & WEST LLP Brian D. Buckley Y. Monica Chan, WSBA No. 58900 1191 Second Avenue, 10th Floor Seattle, WA 98101 Telephone: 206.389.4510 Facsimile: 206.389.4511 Email: bbuckley@fenwick.com mchan@fenwick.com 3 4 5 6 7 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: 415.875.2300 Facsimile: 415. 281.1350 Email: lpulgram@fenwick.com jwakefield@fenwick.com anercessian@fenwick.com gkropp@fenwick.com egalan@fenwick.com 8 9 10 11 12 13 14 15 Counsel for Defendants AMAZON.COM, INC. and AMAZON.COM SERVICES, LLC 16 17 18 19 20 21 22 23 24 25 26 STIPULATED MOTION TO MODIFY DISCOVERY AND PRETRIAL DATES CASE NO.: 2:21-CV-00750-RSL -5- 38TH FLOOR 1000 SECOND AVENUE SEATTLE, WASHINGTON 98104 (206) 622-2000 Case 2:21-cv-00750-RSL Document 189 Filed 07/31/23 Page 6 of 6 1 2 ORDER Pursuant to the Parties Stipulated Motion to Modify Discovery and Pretrial Dates, it is 3 HEREBY ORDERED that the deadline for the close of fact discovery and subsequent case 4 deadlines be extended as shown follows: 5 Event Former Deadline Fact discovery cut-off August 16, 2023 Operative Deadline October 30, 2023 Last day to file motion for class certification (including expert report in support of class certification) October 10, 2023 December 22, 2023 Last day to file opposition to class certification (including expert report in opposition to class certification) December 8, 2023 February 27, 2024 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) January 11, 2024 March 28, 2024 6 7 8 9 10 11 12 13 14 15 16 IT IS HEREBY ORDERED. 17 July 31, 2023 18 Dated _____________________ 19 20 _____________________________________ 21 THE HONORABLE ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE 22 23 24 25 26 ORDER TO MODIFY DISCOVERY AND PRETRIAL DATES CASE NO.: 2:21-CV-00750-RSL -1- 38TH FLOOR 1000 SECOND AVENUE SEATTLE, WASHINGTON 98104 (206) 622-2000

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