Dorian v. Amazon Web Services Inc, No. 2:2022cv00269 - Document 123 (W.D. Wash. 2023)

Court Description: ORDER granting Parties' 122 Stipulated MOTION to Extend Discovery Related Deadlines. The discovery-related deadlines are hereby extended as described herein. Signed by Judge John H. Chun. (SB)

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Dorian v. Amazon Web Services Inc Doc. 123 THE HONORABLE JOHN H. CHUN 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 AVELARDO RIVERA and YASMINE ROMERO, individually and on behalf of all others similarly situated, No. 2:22-CV-00269-JHC 10 11 12 13 14 Plaintiffs, v. AMAZON WEB SERVICES, INC., a Delaware corporation, Defendant. STIPULATED MOTION TO EXTEND DISCOVERY RELATED DEADLINES AND ORDER NOTE ON MOTION CALENDAR: OCTOBER 30, 2023 15 16 17 18 Pursuant to Local Civil Rules 7(d)(1) and 10(g), Defendant Amazon Web Services, Inc. (“AWS”) and Plaintiffs Avelardo Rivera and Yasmine Romero, respectfully move the Court in the above-captioned matter for a short extension of the following discovery-related deadlines: 19 20 21 22 23 24 25 26 Event Completion of Fact Discovery (Merits Issues and Class Certification Issues) Deadline to hold final 30(b)(6) deposition Deadline to move to compel source code Disclosure of Plaintiffs’ Expert(s) and Expert Report(s) regarding Class Certification Original Deadline October 30, 2023 Proposed Deadline October 30, 2023 December 4, 2023 December 11, 2023 November 27, 2023 STIPULATED MOTION (NO. 2:22-CV-00269-JCC) – 1 No deadline (plaintiffs do not plan to disclose experts regarding class certification) Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Dockets.Justia.com 1 Disclosure of Defendant’s Expert(s) and Expert Report(s) regarding Class Certification Deadline for Plaintiffs’ class certification rebuttal expert disclosures Completion of Expert Discovery regarding Class Certification Deadline to file Daubert motions Plaintiffs’ Deadline to Move for Class Certification Defendant’s Deadline to Respond to Motion for Class Certification Plaintiffs’ Deadline to Reply in support of Class Certification1 2 3 4 5 6 7 8 9 10 11 12 January 2, 2024 January 31, 2024 March 1, 2024 February 19, 2024 April 1, 2024 May 1, 2024 March 18, 2024 May 1, 2024 April 18, 2024 June 12, 2024 May 9, 2024 July 10, 2024 13 In support of the foregoing requests for relief, the Parties state as follows: 14 1. On July 24, 2023, Plaintiffs filed a Motion to Compel Responses to Certain 15 Discovery Requests. See Dkt. 83. AWS filed its Response to the Motion to Compel on 16 September 8, 2023, and Plaintiffs filed their Reply on September 16, 2023. 17 2. The Court entered an Order granting in part and denying in part Plaintiffs’ Motion 18 to Compel and extended the deadline for completion of fact discovery until October 30, 2023. 19 See Dkt. 116. 20 3. In relevant part, the Order required AWS to produce certain discovery, id. at 5, 21 and to provide for deposition a Rule 30(b)(6) witness regarding IndexFaces or, alternatively, to 22 re-designate prior deposition testimony regarding IndexFaces as corporate testimony, id. at 3-4. 23 Finally, the Court held that AWS was not required to produce source code at that time because 24 the reopening or re-designation of Rule 30(b)(6) deposition would likely cover this issue. Id. at 4. 25 1 26 Following the Court’s ruling on Plaintiffs’ motion for class certification, the Parties will confer and will propose a schedule for the Court’s consideration which will include a schedule for meritsbased expert discovery. STIPULATED MOTION (NO. 2:22-CV-00269-JCC) – 2 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 1 2 3 4. Certification which set the following deadlines: x x Disclosure of Plaintiff’s Expert(s) and Expert Report(s) regarding Class Certification: November 27, 2023 6 7 Completion of Fact Discovery (Merits Issues and Class Certification Issues): October 30, 2023 4 5 On October 4, 2023, the Court entered a Scheduling Order Regarding Class x Disclosure of Defendant’s Expert(s) and Expert Report(s) regarding Class Certification: January 2, 2024 8 9 x Completion of Expert Discovery regarding Class Certification: February 19, 2024 10 x Plaintiff’s Deadline to Move for Class Certification: March 18, 2024 11 x Defendant’s Deadline to Respond to Motion for Class Certification: April 18, 2024 12 x Plaintiff’s Deadline to Reply in support of Class Certification: May 9, 2024 13 5. Since the Court’s Order on the Motion to Compel, the Parties have worked 14 diligently to complete custodial discovery and to provide additional testimony regarding 15 IndexFaces, both through redesignation of prior testimony as well as agreeing upon topics for an 16 additional 30(b)(6) deposition. Consistent with the Court’s order, AWS is on track to produce 17 custodial documents by the close of fact discovery on October 30, 2023. AWS has also agreed to 18 another three-hour 30(b)(6) deposition covering various topics relating to IndexFaces. 19 6. Due to scheduling issues, the Parties agree that they require additional time to 20 prepare for, schedule, and complete the 30(b)(6) deposition—which is currently scheduled for 21 December 4, 2023—after which time Plaintiffs may move to compel the production of AWS’s 22 source code. The Parties also agree that, given the complexity of this case, the possibility of a 23 further motion to compel, as well as the approaching holidays and pre-planned absences of 24 parties and counsel, that an extension is appropriate regarding the deadlines for expert 25 disclosures and class certification briefing. As such, good cause exists for these extensions. 26 STIPULATED MOTION (NO. 2:22-CV-00269-JCC) – 3 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 1 2 3 WHEREFORE, the Parties respectfully request that the Court enter an order extending existing case deadlines in accordance with this Stipulated Motion. I certify that this motion contains 690 words, in compliance with the Local Civil Rules. 4 5 6 7 8 9 Dated: October 30, 2023 By: s/ Ryan Spear Ryan Spear, WSBA No. 39974 RSpear@perkinscoie.com Nicola Menaldo, WSBA No. 44459 NMenaldo@perkinscoie.com Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Telephone 206.359.8000 Facsimile 206.359.9000 10 11 12 13 14 15 16 17 18 19 20 Attorneys for Defendant AMAZON WEB SERVICES, INC. By: s/ Schuyler Ufkes_______________________ J. Eli Wade-Scott (admitted pro hac vice) ewadescott@edelson.com Schuyler Ufkes (admitted pro hac vice) sufkes@edelson.com EDELSON PC 350 North LaSalle Street, 14th Floor Chicago, Illinois 60654 Tel: 312.589.6370 Fax: 312.589.6378 Attorneys for Plaintiffs Avelardo Rivera and Yasmine Romero 21 22 23 24 25 26 STIPULATED MOTION (NO. 2:22-CV-00269-JCC) – 4 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 THE HONORABLE JOHN H. CHUN 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 AVELARDO RIVERA and YASMINE ROMERO, individually and on behalf of all others similarly situated, No. 2:22-CV-00269-JHC 10 11 12 13 14 Plaintiffs, ORDER TO EXTEND DISCOVERY RELATED DEADLINES v. AMAZON WEB SERVICES, INC., a Delaware corporation, NOTE ON MOTION CALENDAR: OCTOBER 27, 2023 Defendant. 15 ORDER 16 17 18 19 IT IS SO ORDERED. DATED this 30th day of October, 2023. 20 A HONORABLE JOHN H. CHUN UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 STIPULATED MOTION AND ORDER (No. 2:22-cv-00269-JCC) – 1 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 1 2 3 4 5 6 7 8 Presented by: By: s/ Ryan Spear Ryan Spear, WSBA No. 39974 RSpear@perkinscoie.com Nicola Menaldo, WSBA No. 44459 NMenaldo@perkinscoie.com Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Telephone 206.359.8000 Facsimile 206.359.9000 Attorneys for Defendant AMAZON WEB SERVICES, INC. 9 10 11 12 13 14 15 16 17 By: s/ Schuyler Ufkes ____________________ J. Eli Wade-Scott ewadescott@edelson.com Schuyler Ufkes sufkes@edelson.com EDELSON PC 350 North LaSalle Street, 14th Floor Chicago, Illinois 60654 Tel: 312.589.6370 Fax: 312.589.6378 Attorneys for Plaintiffs Avelardo Rivera and Yasmine Romero 164283871.3 18 19 20 21 22 23 24 25 26 STIPULATED MOTION AND [PROPOSED] ORDER (No. 2:22-cv-00269-JCC) – 2 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000

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