Opinion
2:23-CV-01529-KKE
07-22-2024
TONNY STOREY, individually and on behalf of all others similarly situated, Plaintiff, v. AMAZON.COM SERVICES LLC, Defendant.
Charles C. Sipos, Bar No. 32825 Ellie F. Chapman, Bar No. 55881 PERKINS COIE LLP Counsel for Defendant Amazon.com Services LLC Scott D. Gilchrist (pro hac vice), Irwin B. Levin (pro hac vice), COHEN & MALAD, LLP, Adam J. Berger, Bar No. 20714 Lindsay L. Halm, Bar No. 37141 Lily Ramseyer, Bar No. 57012 SHROETER GOLDMARK & BENDER Counsel for Plaintiff Tonny Storey
Charles C. Sipos, Bar No. 32825 Ellie F. Chapman, Bar No. 55881 PERKINS COIE LLP Counsel for Defendant Amazon.com Services LLC
Scott D. Gilchrist (pro hac vice), Irwin B. Levin (pro hac vice), COHEN & MALAD, LLP, Adam J. Berger, Bar No. 20714 Lindsay L. Halm, Bar No. 37141 Lily Ramseyer, Bar No. 57012 SHROETER GOLDMARK & BENDER Counsel for Plaintiff Tonny Storey
STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR FILING RESPONSE TO SECOND AMENDED COMPLAINT AND SET BRIEFING SCHEDULES
KYMBERLY K. EVANSON, UNITED STATES DISTRICT JUDGE
Pursuant to Civil Local Rules 7(d)(1) and 10(g), the Estate of Tonny Storey and Defendant Amazon.com Services LLC (“Amazon”), by and through their respective attorneys, hereby move the Court to enter an order extending Amazon's deadline to respond to the Second Amended Complaint (“SAC”) approximately 4 weeks until August 23, 2024, setting a revised briefing schedule for Amazon's anticipated Motion to Dismiss the SAC, and setting a briefing schedule for the Estate of Tonny Storey's anticipated Motion for Substitution under Rule 25(a)(1). In support of the foregoing request for relief, the Estate of Tonny Storey and Amazon state as follows:
Amazon reserves the right to challenge the Estate of Tonny Storey as a proper plaintiff in this action, including under Fed. R. Civ. Pro. (“Rule”) 25(a)(1), at the appropriate time including as described in this stipulated motion. Amazon in no way waives its right to challenge the Estate of Tonny Storey as a proper plaintiff in this action by filing this stipulated motion or its anticipated Motion to Dismiss the SAC.
1. On January 9, 2024, Plaintiff Tonny Storey (“Storey”) field his First Amended Complaint (“FAC”), Dkt. 23. On February 9, 2024, Amazon filed its Motion to Dismiss the FAC (Dkt. 25), and on April 24, 2024, the Court heard oral argument.
2. On June 7, 2024, the Court granted Amazon's Motion to Dismiss the FAC, dismissing without prejudice Storey's CPA claim, and dismissing with prejudice the rest of Storey's claims, Dkt. 36.
3. On July 8, 2024, the Estate of Tonny Storey filed the SAC, Dkt. 39, and a Statement of Suggestion of Plaintiff's Death indicating that Tonny Storey had passed away, and that the Estate of Tonny Storey would file a Motion for Substitution under Rule 25(a)(1) to be substituted as plaintiff within ninety days, Dkt. 38.
4. Amazon's current deadline to respond to the SAC is July 22, 2024. See Rule 15(a)(3).
5. On July 15, 2024 and July 22, 2024, counsel for the parties engaged in telephone calls whereupon Amazon requested an extension to respond to the SAC approximately four weeks until August 23, 2024 to account for court appearances in other matters and previously scheduled vacations, and the parties agreed that the remaining briefing schedule for the anticipated Motion to Dismiss the SAC would also be extended.
6. The parties further conferred as to a stipulated briefing schedule for the anticipated Motion for Substitution, and agreed that for the convenience of the parties and the Court it would be preferable to have those motions presented on the same briefing schedule.
7. Accordingly, the parties stipulate and respectfully move the Court to enter an order extending the briefing schedule for Defendant's anticipated Motion to Dismiss the SAC as follows:
| Event | Current Deadline | New Deadline |
| Deadline for Amazon's anticipated Motion to Dismiss the SAC | July 22, 2024 | August 23, 2024 |
| Deadline for the Estate of Tonny Storey's Opposition to Motion to Dismiss the SAC | August 12, 2024 | September 20, 2024 |
| Deadline for Defendant's Reply in Support of Motion to Dismiss the SAC | August 19, 2024 | October 11, 2024 |
8. The parties also stipulate to the following briefing schedule for the Estate of Tonny Storey's anticipated Motion for Substitution.
| Event | Current Deadline | New Deadline |
| Deadline for the Estate of Tonny Storey's Motion for Substitution | October 7, 2024 | August 23, 2024 |
| Deadline for Amazon's Opposition to Motion for Substitution | October 22, 2024 | September 20, 2024 |
| Deadline for the Estate of Tonny Storey's Reply in Support of Motion for Substitution | October 28, 2024 | October 11, 2024 |
9. The requested extension and proposed briefing schedules will not impact any other previously scheduled dates in this matter.
ORDER
The Court GRANTS parties' stipulated motion. Dkt. No. 40.