Opinion
C22-1632-RSM
07-23-2024
REBECCA STELMAN, et al., Plaintiff, v. AMAZON.COM INC., et al., Defendants.
ORDER FOR SUPPLEMENTAL BRIEFING
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE
This matter comes before the Court on remand from the Ninth Circuit Court of Appeal. Dkt. #42. On February 10, 2023, this Court granted Plaintiff's Motion for Remand, Dkt. #18, finding that Amazon Defendants are the principal, fundamental, or direct defendants and that Amazon Defendants and at least two-thirds of the putative class members are citizens of Washington. Dkt. #31 at 6. The Ninth Circuit reversed and remanded this case for the Court: (1) “to determine whether this case meets the requirements set forth in [28 U.S.C.] § 1332(d)(4)(B) for remand under the mandatory home state exception[;]” (2) for this Court to apply the correct standard that there is no presumption against removal under the Class Action Fairness Act; and (3) to determine in the first instance whether the DSPs [Delivery Service Providers other than Amazon] are primary defendants under the mandatory home state exception.” Dkt. #41 at 3-4.
The Court now seeks supplemental briefing from the parties on the single issue of whether or not the other Delivery Service Providers are “primary defendants” under 28 U.S.C. § 1332(d)(4)(B) or if only Amazon is the primary defendant.
Having considered the Ninth Circuit's Mandate and the remainder of the record, the Court hereby finds and ORDERS that the parties are to submit supplemental briefing on the above issue, not to exceed ten (10) pages, and no later than thirty (30) days from the date of this Order. No response or reply briefing is permitted.