Heinz v. Amazon.com Inc, No. 2:2023cv01073 - Document 42 (W.D. Wash. 2023)

Court Description: ORDER granting Parties' 38 Stipulated MOTION Regarding Defendant Amazon.com, Inc.'s Renewed Motion to Dismiss First Amended Complaint. Defendant shall have up to and including 9/1/2023, to renew its pending Motion to Dismiss Plaintiff 9;s First Amended Complaint, Plaintiff shall have up to and including 9/20/2023, to oppose the renewed Motion to Dismiss Plaintiff's First Amended Complaint, Defendant shall have up to and including 9/29/2023, to file a reply in support of its r enewed Motion to Dismiss Plaintiff's First Amended Complaint. The renewed Motion to Dismiss Plaintiff's First Amended Complaint will be noted for 9/29/2023. The Court will schedule a hearing with the parties if needed. The Court VACATES the 7/18/2023, Order. Dkt. No. 33 . The Court will reset deadlines pursuant to Fed. R. Civ. P. 26(a)(1) and (f) and Local Rule 26(f) upon resolution of the pending Motion to Dismiss Plaintiff's First Amended Complaint. Signed by Judge Jamal N Whitehead. (SB)

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Heinz v. Amazon.com Inc Doc. 42 Case 2:23-cv-01073-JNW Document 42 Filed 08/02/23 Page 1 of 6 The Honorable Jamal N. Whitehead 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 BRIAN HEINZ, individually and on behalf of all others similarly situated, 9 Plaintiff, 10 vs. 11 AMAZON.COM, INC. and DOES 1 through 10, inclusive, and each of them, 12 Defendants. 13 14 No. 2:23-CV-01073-JNW STIPULATION AND ORDER REGARDING DEFENDANT AMAZON.COM, INC.’S RENEWED MOTION TO DISMISS FIRST AMENDED COMPLAINT Action Filed: January 11, 2023 Action Removed: February 5, 2023 Action Transferred: July 11, 2023 15 16 17 18 19 20 21 22 23 24 STIPULATION AND ORDER REGARDING RENEWED MOTION TO DISMISS FIRST AMENDED COMPLAINT (2:23-cv-01073-JNW) - 1 Dockets.Justia.com Case 2:23-cv-01073-JNW Document 42 Filed 08/02/23 Page 2 of 6 1 STIPULATION REGARDING DEFENDANT 2 AMAZON.COM, INC.’S RENEWED MOTION TO DISMISS 3 FIRST AMENDED COMPLAINT Pursuant to the Office of the Clerk’s July 18, 2023 letter regarding transfer (ECF No. 32), 4 5 Plaintiff Brian Heinz (“Plaintiff”) and Defendant Amazon.com, Inc. (“Defendant”), by and 6 through their undersigned counsel, respectfully request as follows: 1. 7 On January 11, 2023, Plaintiff commenced an action in the Superior Court of the 8 State of California in and for the County of Yolo, captioned Heinz v. Amazon.com, Inc., Case No. 9 CV2023-0085 (the “State Court Action”). (ECF No. 1, Ex. A.) 2. 10 On February 15, 2023, Defendant removed the action to the District Court for the 11 Eastern District of California. (ECF No. 1.) 12 3. On April 21, 2023, Plaintiff filed a First Amended Complaint (“FAC”). (ECF No. 4. On May 19, 2023, Defendant filed a Motion to Transfer or, in the Alternative, 13 21.) 14 15 Dismiss Plaintiff’s FAC. (ECF No. 24.) 16 5. On July 11, 2023, the District Court for the Eastern District of California granted 17 Defendant’s Motion to Transfer. (ECF No. 30.) Because the Court would transfer the case, it 18 “decline[d] to address the defendant’s motion to dismiss,” leaving resolution of Defendant’s 19 pleading motion to the transferee court. (Id. at 13.) On July 11, 2023, this case was transferred 20 to this Court. 21 6. On July 18, 2023, the Office of the Clerk issued a letter informing the parties that 22 “[i]f a motion is pending and undecided at the time of transfer, the moving party must refile the 23 motion in this Court and note it for consideration on the Court’s calendar in accordance with 24 LCR 7(d).” (ECF No. 32.) STIPULATION AND ORDER REGARDING RENEWED MOTION TO DISMISS FIRST AMENDED COMPLAINT (2:23-cv-01073-JNW) - 2 Case 2:23-cv-01073-JNW Document 42 Filed 08/02/23 Page 3 of 6 7. 1 Pursuant to the Court’s July 18 Order, Defendant plans to refile its pending 2 Motion to Dismiss Plaintiff’s FAC and to update it to address the arguments to this Court. 8. 3 On July 25, 2023, counsel for the Parties conferred and agreed to the following 4 proposed stipulated briefing schedule for Defendant’s renewed Motion to Dismiss Plaintiff’s 5 FAC: a. September 1, 2023 – Defendant’s renewed Motion to Dismiss Plaintiff’s FAC 6 due; 7 8 b. September 20, 2023 – Plaintiff’s Opposition due; 9 c. September 29, 2023 – Defendant’s Reply due; d. October 6, 2023 – Noticed date for hearing on Defendant’s renewed Motion to 10 Dismiss Plaintiff’s FAC. 11 12 9. Also on July 18, 2023, the Court issued an Order Regarding Initial Disclosures, 13 Joint Status Report, and Early Settlement (the “July 18 Order”). (ECF No. 33.) The July 18 14 Order set the following deadlines: 15 a. August 8, 2023 – Deadline for Fed. R. Civ. P. 26(f) Conference; 16 b. August 22, 2023 – Initial Disclosures under Fed. R. Civ. P. 26(a)(1); 17 c. August 29, 2023 – Combined Joint Status Report and Discovery Plan as Required by Fed. R. Civ. P. 26(f) and Local Civil Rule 26(f). 18 19 10. In the Parties’ July 25 conferral, they further agreed that, in the interest of 20 preserving the parties’ and Court’s resources, the deadlines for conferral, disclosures, and filing 21 pursuant to Fed. R. Civ. Proc. 26(a)(1), (f) and Local Rule 26(f) (as set in the Court’s July 18 22 Order, ECF No. 33) should be continued until a date after the Court resolves Defendant’s Motion 23 to Dismiss, which may narrow the scope of the action or resolve the action in its entirety. The 24 Parties therefore respectfully request that the deadlines set in the Court’s July 18 Order (ECF No. STIPULATION AND ORDER REGARDING RENEWED MOTION TO DISMISS FIRST AMENDED COMPLAINT (2:23-cv-01073-JNW) - 3 Case 2:23-cv-01073-JNW Document 42 Filed 08/02/23 Page 4 of 6 1 33) be continued until a date after the resolution of Defendant’s Renewed Motion to Dismiss 2 Plaintiff’s FAC, if necessary. 3 11. This stipulation is signed by all parties who have appeared in the action and are 4 affected by the stipulation. 5 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and 6 between the Parties that Defendant shall have up to and including September 1, 2023 to renew 7 its pending Motion to Dismiss Plaintiff’s First Amended Complaint, Plaintiff shall have up to and 8 including September 20, 2023 to oppose the renewed Motion to Dismiss Plaintiff’s First 9 Amended Complaint, Defendant shall have up to and including September 29, 2023 to file a 10 reply in support of its renewed Motion to Dismiss Plaintiff’s First Amended Complaint, and the 11 hearing on Defendant’s renewed Motion to Dismiss Plaintiff’s First Amended Complaint will be 12 noticed for October 6, 2023. 13 The Parties further respectfully request that the Court vacate the Fed. R. Civ. P. 26(a)(1), 14 (f) and Local Rule 25(f) deadlines set in the July 18 Order, with those dates to be reset upon 15 resolution of Defendant’s pending Motion to Dismiss Plaintiff’s First Amended Complaint. 16 SO STIPULATED AND JOINTLY SUBMITTED: 17 18 19 20 21 22 23 24 STIPULATION AND ORDER REGARDING RENEWED MOTION TO DISMISS FIRST AMENDED COMPLAINT (2:23-cv-01073-JNW) - 4 Case 2:23-cv-01073-JNW Document 42 Filed 08/02/23 Page 5 of 6 1 2 DATED this 28th day of August, 2023. Davis Wright Tremaine LLP Attorneys for Defendant 3 4 5 6 7 8 9 By /s/ James H. Moon James H. Moon JOHN A. GOLDMARK (WSBA No. 40980) johngoldmark@dwt.com JAMES H. MOON (pro hac vice forthcoming) jamesmoon@dwt.com HEATHER F. CANNER (pro hac vice forthcoming) heathercanner@dwt.com SANCHO ACCORSI (pro hac vice forthcoming) sanchoaccorsi@dwt.com 920 Fifth Avenue, Suite 3300 Seattle, Washington 98104-1610 10 11 DATED this 28th day of August, 2023. 12 13 14 Crosner Legal P.C. Attorneys for Plaintiff By /s/ Craig Straub Craig Straub 15 16 17 18 19 ZACHARY M. CROSNER (pro hac vice forthcoming) zach@crosnerlegal.com CHAD A. SAUNDERS (pro hac vice forthcoming) chad@crosnerlegal.com CRAIG STRAUB (pro hac vice forthcoming) craig@crosnerlegal.com 9440 Santa Monica Boulevard, Suite 301 Beverly Hills, California 90210 20 21 22 23 24 STIPULATION AND ORDER REGARDING RENEWED MOTION TO DISMISS FIRST AMENDED COMPLAINT (2:23-cv-01073-JNW) - 5 Case 2:23-cv-01073-JNW Document 42 Filed 08/02/23 Page 6 of 6 1 ORDER 2 Defendant shall have up to and including September 1, 2023, to renew its pending 3 Motion to Dismiss Plaintiff’s First Amended Complaint, Plaintiff shall have up to and including 4 September 20, 2023, to oppose the renewed Motion to Dismiss Plaintiff’s First Amended 5 Complaint, Defendant shall have up to and including September 29, 2023, to file a reply in 6 support of its renewed Motion to Dismiss Plaintiff’s First Amended Complaint. The renewed 7 Motion to Dismiss Plaintiff’s First Amended Complaint will be noted for September 29, 2023. 8 The Court will schedule a hearing with the parties if needed. 9 The Court VACATES the July 18, 2023, Order. Dkt. No. 33. The Court will reset 10 deadlines pursuant to Fed. R. Civ. P. 26(a)(1) and (f) and Local Rule 26(f) upon resolution of the 11 pending Motion to Dismiss Plaintiff’s First Amended Complaint. 12 IT IS SO ORDERED. 13 14 Dated this 2nd day of August, 2023 15 16 A 17 Jamal N. Whitehead United States District Judge 18 19 20 21 22 23 24 STIPULATION AND ORDER REGARDING RENEWED MOTION TO DISMISS FIRST AMENDED COMPLAINT (2:23-cv-01073-JNW) - 6

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