Dorian v. Amazon Web Services Inc, No. 2:2022cv00269 - Document 134 (W.D. Wash. 2023)

Court Description: ORDER granting Parties' 133 Stipulated MOTION to Extend Deadlines. Joint status report and proposed deadlines through class certification due 30 days after the Court's order on AWS's Motion for Clarification. Signed by Judge John H. Chun. (SB)

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Dorian v. Amazon Web Services Inc Doc. 134 THE HONORABLE JOHN H. CHUN 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 AVELARDO RIVERA and YASMINE ROMERO, individually, and on behalf of all others similarly situated, Plaintiffs, 12 13 14 15 v. AMAZON WEB SERVICES, INC., a Delaware corporation, No. 2:22-CV-00269-JHC STIPULATED MOTION AND ORDER TO EXTEND DEADLINES NOTE ON MOTION CALENDAR: DECEMBER 9, 2023 Defendant. 16 17 18 19 20 Pursuant to Local Civil Rules 7(d)(1) and 10(g), defendant Amazon Web Services, Inc. (“AWS”) and plaintiffs Avelardo Rivera and Yasmine Romero (collectively, the “Parties”), jointly move the Court for short extensions of the following discovery-related deadlines and for a stay of class certification and related expert discovery deadlines: 21 22 23 24 25 Item Plaintiffs’ Motion to Set Additional Discovery Deadlines (Dkt. 129) Current Deadline AWS’s response deadline: December 26, 2023 Plaintiffs’ reply deadline: December 29, 2023 26 STIPULATED MOTION AND ORDER (No. 2:22-cv-00269-JHC) – 1 Amended Deadline AWS does not oppose Plaintiffs’ Motion to Set Additional Discovery-Related Deadlines (Dkt. 129). However, AWS does not waive the argument that this Motion was Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Dockets.Justia.com 1 filed untimely on December 11, 2023. 2 3 Plaintiffs’ Motion to Seal relating to Motions for Extensions (Dkt. 125) AWS’s response deadline: December 26, 2023 AWS’s response deadline: January 9, 2024 Plaintiffs’ reply deadline: December 29, 2023 Plaintiffs’ reply deadline: January 26, 2024 Plaintiffs’ response deadline: December 26, 2023 Plaintiffs’ response deadline: January 9, 2024 AWS’s reply deadline: December 29, 2023 AWS’s reply deadline: January 26, 2024 Plaintiffs’ deadline to move to compel related to privilege log No deadline February 9, 2024 If applicable: Plaintiffs’ deadline to move to compel xWiki and landmark testing documents No deadline January 25, 2024. AWS does not waive the argument that any such motion would be untimely, but agrees to brief the issue after January 25, 2024. AWS’s expert disclosures Jan. 31, 2024 Stayed and to be revisited after the Court’s order on AWS’s Motion for Clarification (Dkt. 131) Plaintiffs’ rebuttal expert disclosures March 1, 2024 Stayed and to be revisited after the Court’s order on AWS’s Motion for Clarification Completion of expert discovery regarding class certification April 1, 2024 Stayed and to be revisited after the Court’s order on AWS’s Motion for Clarification Deadline to file Daubert motions May 1, 2024 Stayed and to be revisited after the Court’s order on AWS’s Motion for Clarification Deadline to file for class certification May 1, 2024 Stayed and to be revisited after the Court’s order on AWS’s Motion for Clarification Deadline to respond to motion for class certification June 12, 2024 Stayed and to be revisited after the Court’s order on AWS’s Motion for Clarification 4 5 6 AWS’s Motion for Clarification (Dkt. 131) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED MOTION AND ORDER (No. 2:22-cv-00269-JHC) – 2 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 1 Reply in support of class certification May 9, 2024 Stayed and to be revisited after the Court’s order on AWS’s Motion for Clarification Joint status report and proposed deadlines through class certification No deadline 30 days after the Court’s order on AWS’s Motion for Clarification 2 3 4 5 In support of the foregoing requests for relief, the Parties state as follows: 6 7 8 9 1. in part plaintiffs’ Motion to Compel. See Dkt. 116 (the “Motion to Compel Order”). In relevant part, the Court ordered that AWS produce additional custodial discovery and provide additional corporate testimony. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 On September 27, 2023, the Court entered an Order granting in part and denying 2. On October 4, 2023, the Court entered a scheduling order regarding class certification, which set additional deadlines for the completion of fact discovery, expert discovery, and the briefing schedule for plaintiffs’ upcoming motion for class certification. Dkt. 117. 3. On October 30, 2023, the Parties filed a Stipulated Motion to Extend Discovery Related Deadlines (Dkt. 122) requesting certain extensions so that they could prepare for, schedule, and complete an additional Rule 30(b)(6) deposition to comply with the Court’s Motion to Compel Order (Dkt. 116). 4. The Parties have worked diligently to complete the additional discovery ordered by the Court and have completed custodial discovery and an additional Rule 30(b)(6) deposition. Further, AWS produced a privilege log related to its October 30, 2023 production on November 29, 2023, which plaintiffs are reviewing. 5. Recently, the Parties each filed motions, which, per the Court’s normal briefing schedule, would require the Parties to file responses on or near the winter holidays. For example, under the current schedule, AWS’s responses to plaintiffs’ Motion to Set Additional Discovery 25 26 STIPULATED MOTION AND ORDER (No. 2:22-cv-00269-JHC) – 3 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 1 Deadlines and Motion to Seal would be due December 26, 2023, and plaintiffs’ Response to 2 AWS’s Motion for Clarification would be due the same day. 3 6. Counsel for both Parties have pre-planned absences during the holiday season that 4 conflict with the briefing schedule on the Parties’ recently-filed motions. Additionally, witness 5 declarations will be required to support plaintiffs’ motion to seal, but the relevant witnesses and 6 in-house counsel for AWS have pre-planned absences during the holidays as well. 7 7. Disposition of the AWS’s pending Motion for Clarification, Dkt. 131, is critical to 8 the efficient administration of the matter, as are the Court’s rulings on any future motions to 9 compel that Plaintiffs seek to file, see Dkt. 129. For that reason, the Parties request that the Court 10 stay all currently-set expert discovery and class certification deadlines, as outlined above, until 11 the Court rules on AWS’s Motion for Clarification. 12 8. The Parties agree that, given the complexity of this case, the importance of the 13 Parties’ motions, as well as the approaching holidays and pre-planned absences of the Parties and 14 counsel, that an extension is appropriate regarding the deadlines for the recently-filed motions, 15 and that a short stay is appropriate for expert disclosures and class certification briefing. As such, 16 good cause exists for these extensions. 17 9. Within thirty days of the Court’s ruling on AWS’s Motion for Clarification, the 18 Parties agree to submit a joint status report to the Court that includes proposed deadlines through 19 class certification. 20 21 WHEREFORE, the Parties respectfully request that the Court enter an order extending existing case deadlines in accordance with this Stipulated Motion. 22 23 24 25 26 STIPULATED MOTION AND ORDER (No. 2:22-cv-00269-JHC) – 4 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 1 Dated: December 19, 2023 2 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 3 4 5 6 7 8 Attorneys for Defendant AMAZON WEB SERVICES, INC. 9 By: /s/ Schuyler Ufkes_____________________ 10 11 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 12 13 14 15 16 Attorneys for Plaintiffs Avelardo Rivera and Yasmine Romero 17 18 19 LCR 7(e) Certification 20 LCR 7(e) Certification I certify that this memorandum contains 904 words, in compliance with the Local Civil Rules. 21 /s/ Ryan Spear 22 23 24 25 26 STIPULATED MOTION AND ORDER (No. 2:22-cv-00269-JHC) – 5 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 1 ORDER 2 3 IT IS SO ORDERED. 4 DATED this 19th day of December, 2023. 5 6 7 A HONORABLE JOHN H. CHUN UNITED STATES DISTRICT JUDGE Presented by: 8 9 10 11 12 13 14 15 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. 16 By: /s/ Schuyler Ufkes_____________________ 17 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 18 19 20 21 22 23 Attorneys for Plaintiffs Avelardo Rivera and Yasmine Romero 24 25 26 STIPULATED MOTION AND ORDER (No. 2:22-cv-00269-JHC) – 6 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000

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