Opinion
2:24-cv-00851-KKE
07-24-2024
CD REISS, on behalf of herself and all others similarly situated, Plaintiff, v. AMAZON.COM, INC., a Delaware corporation, Defendant.
MORGAN, LEWIS & BOCKIUS LLP Patty A. Eakes, WSBA #18888, Molly A. Terwilliger, WSBA #28449 Attorneys for Defendant Amazon.com, Inc. HAGENS BERMAN SOBOL SHAPIRO LLP Steve W. Berman (WSBA No. 12536) Nathan Emmons (pro hac vice) SPERLING & SLATER, LLC Phillip Cramer (pro hac vice) Dean Balaes (pro hac vice), Eamon P. Kelly (pro hac vice) Barry Frett (pro hac vice) Attorneys for Plaintiffs
MORGAN, LEWIS & BOCKIUS LLP Patty A. Eakes, WSBA #18888, Molly A. Terwilliger, WSBA #28449 Attorneys for Defendant Amazon.com, Inc.
HAGENS BERMAN SOBOL SHAPIRO LLP Steve W. Berman (WSBA No. 12536) Nathan Emmons (pro hac vice)
SPERLING & SLATER, LLC Phillip Cramer (pro hac vice) Dean Balaes (pro hac vice), Eamon P. Kelly (pro hac vice) Barry Frett (pro hac vice) Attorneys for Plaintiffs
STIPULATED MOTION AND ORDER TO TRANSFER
HONORABLE KYMBERLY K. EVANSON UNITED STATES DISTRICT JUDGE
STIPULATION
The parties, by and through their counsel, stipulate and agree as follows:
1. Plaintiff CD Reiss filed this lawsuit on June 13, 2024, and served Amazon.com, Inc. (“Amazon”) with the Summons and Complaint on June 18, 2024.
2. This Court extended the deadline for Amazon to respond to the Complaint by 60 days, until September 9, 2024.
3. The Court ordered the parties to conduct a Rule 26(f) conference by July 24, 2024.
4. Plaintiff's complaint alleges that Amazon has engaged in anticompetitive conduct, including through the manner in which it contracts with authors. Dispute-resolution provisions in these contracts between Audible, Amazon's subsidiary, and authors such as Plaintiff require that disputes be brought in courts sitting in the County of New York, New York, which has exclusive jurisdiction of such cases.
5. 28 U.S.C. § 1404(a) permits transfer of a case to any “district to which the parties have agreed by contract or stipulation.” Atl. Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of Texas, 571 U.S. 49, 59 (2013).
6. Plaintiff's complaint is hereby transferred to the United States District Court for the Southern District of New York for further proceedings.
7. All other deadlines set by this Court are hereby stayed.
8. The parties have conducted a Rule 26(f) conference on July 23, 2024.
9. The parties have agreed to the deadlines in subparagraphs 9(a)-(b) and following transfer will jointly move for the following deadlines:
a. Initial disclosures: August 21, 2024
b. Amazon's answer or motion on the complaint: September 16, 2024
IT IS SO STIPULATED.
ORDER
Pursuant to stipulation, IT IS SO ORDERED.