Cooper v. Amazon.com Inc et al, No. 2:2021cv00915 - Document 24 (W.D. Wash. 2021)
Court Description: ORDER granting Parties' 23 Stipulated Motion to Transfer Venue. The Clerk of Court is directed to transfer this case to the United States District Court for the Northern District of Illinois under 28 U.S.C. § 1404(a). All dates on th is Court's calendar for this action shall be withdrawn in light of the transfer. The case will be transferred by electronic case transfer 15 days following the date of this filing. Signed by U.S. District Judge John C. Coughenour. (SR) (Main Document 24 replaced on 8/13/2021) (SR). Modified on 8/13/2021 to replace document with corrected document title name, no other changes made (SR).
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Cooper v. Amazon.com Inc et al Doc. 24 Case 2:21-cv-00915-JCC Document 24 Filed 08/13/21 Page 1 of 6 THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 CAROL COOPER, individually and on behalf of all others similarly situated, 11 Plaintiff, 12 v. 13 AMAZON.COM, INC., a Delaware 14 Corporation, and AMAZON.COM SERVICES, LLC, a Washington Limited Liability 15 Company, 16 Case No.: 2:21-cv-00915-JCC STIPULATED MOTION TO TRANSFER VENUE AND [PROPOSED] ORDER NOTE ON MOTION CALENDAR: August 12, 2021 Defendants. 17 STIPULATION 18 19 Plaintiff Carol Cooper and Defendants Amazon.com, Inc. and Amazon.com Services, LLC 20 (“Amazon”) jointly stipulate and move the Court as follows: 21 WHEREAS, Plaintiff originally filed this action in the United Stated District Court for the 22 Western District of Washington; 23 WHEREAS, pursuant to Defendants’ request, discussions between the parties, and 28 24 U.S.C. § 1404(a), all parties consent to transfer venue to the United States District Court for the 25 Northern District of Illinois (“N.D. Ill.”); 26 WHEREAS, the convenience of the parties and witnesses are likely to be advanced by 27 transfer because travel to the N.D. Ill. will be more convenient for Plaintiff and relevant evidence 28 and witnesses are likely to be located within Illinois and/or the N.D. Ill.; STIP. MOTION TO TRANSFER VENUE AND [PROPOSED] ORDER CASE NO.: 2:21-CV-00915-JCC -1- FENWICK & WEST LLP 1191 SECOND AVENUE, 10TH FLOOR SEATTLE, WASHINGTON 98101 Dockets.Justia.com Case 2:21-cv-00915-JCC Document 24 Filed 08/13/21 Page 2 of 6 1 WHEREAS, the interests of justice and judicial economy are likely to be advanced by 2 transfer to the N.D. Ill. because an action pending in that district concerns substantially the same 3 parties, property, transaction, or event as alleged in this action, namely that this action and the 4 action in the N.D. Ill. set forth claims under the Illinois Biometric Information Privacy Act arising 5 from the use of Amazon’s Alexa-enabled devices and the recording of users’ voices during the 6 operation of Alexa allegedly without their consent; 7 NOW, THEREFORE, in consideration of the foregoing, Plaintiff and Amazon agree and 8 hereby stipulate to: 9 Transfer this action to the United States District Court for the Northern District of Illinois. 10 11 Dated: July 30, 2021 Respectfully submitted, 12 FENWICK & WEST LLP 13 By: /s/ Brian D. Buckley Brian D. Buckley, WSBA No. 26423 14 FENWICK & WEST LLP 1191 Second Avenue, 10th Floor Seattle, WA 98101 Telephone: 206.389.4510 Facsimile: 206.389.4511 Email: bbuckley@fenwick.com 15 16 17 18 Laurence F. Pulgram (admitted pro hac vice) Jedediah Wakefield (admitted pro hac vice) 19 FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: 415.875.2300 Facsimile: 415. 281.1350 Email: lpulgram@fenwick.com jwakefield@fenwick.com 20 21 22 23 Attorneys for Defendants AMAZON.COM, INC. and AMAZON.COM SERVICES, LLC 24 25 26 27 28 STIP. MOTION TO TRANSFER VENUE AND [PROPOSED] ORDER CASE NO.: 2:21-CV-00915-JCC -2- FENWICK & WEST LLP 1191 SECOND AVENUE, 10TH FLOOR SEATTLE, WASHINGTON 98101 Case 2:21-cv-00915-JCC Document 24 Filed 08/13/21 Page 3 of 6 1 2 Dated: July 30, 2021 TOUSLEY BRAIN STEPHENS PLLC 3 By: /s/ Jason T. Dennett Jason T. Dennett, WSBA No. 30686 Cecily C. Shiel, WSBA No. 50061 4 5 TOUSLEY BRAIN STEPHENS PLLC 1700 Seventh Avenue, Suite 2200 Seattle, WA 98101-4416 Telephone: (206) 682-5600 jdennett@tousley.com cshiel@tousley.com 6 7 8 Thomas P. Rosenfeld (admitted pro hac vice) Kevin P. Green (admitted pro hac vice) Zachary T. Shelton (pro hac vice forthcoming) 9 10 GOLDENBERG HELLER & ANTOGNOLI, P.C. 2227 South State Route 157 Edwardsville, IL 62025 (618) 656-5150 tom@ghalaw.com kevin@ghalaw.com zachary@ghalaw.com 11 12 13 14 15 James P. Frickleton (admitted pro hac vice) Edward D. Robertson, Jr. (pro hac vice forthcoming) Edward D. Robertson III (admitted pro hac vice) 16 17 18 BARTIMUS FRICKLETON ROBERTSON RADER, P.C. 4000 W. 114th St., Suite 310 Leawood, KS 66211 (913) 266-2300/ Fax (913) 266-2366 jimf@bflawfirm.com chiprob@bflawfirm.com krobertson@bflawfirm.com 19 20 21 22 Attorneys for Plaintiff 23 24 25 26 27 28 STIP. MOTION TO TRANSFER VENUE AND [PROPOSED] ORDER CASE NO.: 2:21-CV-00915-JCC -3- FENWICK & WEST LLP 1191 SECOND AVENUE, 10TH FLOOR SEATTLE, WASHINGTON 98101 Case 2:21-cv-00915-JCC Document 24 Filed 08/13/21 Page 4 of 6 [PROPOSED] ORDER 1 2 Having considered the Parties’ Stipulated Motion to Transfer Venue, the Court finds that 3 venue is appropriate in the United States District Court for the Northern District of Illinois pursuant 4 to 28 U.S.C. § 1404(a) and that transfer to that District will advance the convenience of the parties 5 and witnesses, the interests of justice, and judicial economy because an additional action pending 6 within the District is likely to concern substantially the same parties, property, transaction, or event 7 as alleged in this action. 8 9 10 It is HEREBY ORDERED that: 1. The Stipulated Motion to Transfer Venue is GRANTED. 2. The Clerk of Court is directed to transfer this case to the United States District Court for the Northern District of Illinois under 28 U.S.C. § 1404(a). 11 12 3. All dates on this Court’s calendar for this action shall be withdrawn in light of the transfer. 13 14 PURSUANT TO STIPULATION, IT IS SO ORDERED. 15 DATED this 13th day of August 2021. 18 A 19 John C. Coughenour UNITED STATES DISTRICT JUDGE 16 17 20 21 Presented by: 22 FENWICK & WEST LLP 23 By: /s/ Brian D. Buckley Brian D. Buckley, WSBA No. 26423 24 25 1191 Second Avenue, 10th Floor Seattle, WA 98101 26 Telephone: 206.389.4510 Facsimile: 206.389.4511 27 Email: bbuckley@fenwick.com 28 Attorney for Defendants STIP. MOTION TO TRANSFER VENUE AND [PROPOSED] ORDER CASE NO.: 2:21-CV-00915-JCC -4- FENWICK & WEST LLP 1191 SECOND AVENUE, 10TH FLOOR SEATTLE, WASHINGTON 98101 Case 2:21-cv-00915-JCC Document 24 Filed 08/13/21 Page 5 of 6 1 AMAZON.COM, INC. and AMAZON.COM SERVICES, LLC 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP. MOTION TO TRANSFER VENUE AND [PROPOSED] ORDER CASE NO.: 2:21-CV-00915-JCC -5- FENWICK & WEST LLP 1191 SECOND AVENUE, 10TH FLOOR SEATTLE, WASHINGTON 98101 Case 2:21-cv-00915-JCC Document 24 Filed 08/13/21 Page 6 of 6 1 CERTIFICATE OF SERVICE I hereby certify that, on July 30, 2021 I caused a true and correct copy of the foregoing to 2 3 be filed in this Court’s CM/ECF system, which sent notification of such filing to counsel of 4 record. 5 /s/ Brian D. Buckley Brian D. Buckley, WSBA No. 26423 FENWICK & WEST LLP 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP. MOTION TO TRANSFER VENUE AND [PROPOSED] ORDER CASE NO.: 2:21-CV-00915-JCC -6- FENWICK & WEST LLP 1191 SECOND AVENUE, 10TH FLOOR SEATTLE, WASHINGTON 98101
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