K kAsmTHithE@RIgNibEs oVn.dAu.n SnM.coITmH , SBN 247866 BRADLEY J. HAMBURGER, SBN 266916 [email protected] MICHAEL HOLECEK, SBN 281034 [email protected] GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071-3197 Telephone: 213.229.7000 Facsimile: 213.229.7520 MEGAN COONEY, SBN 295174 [email protected] GIBSON, DUNN & CRUTCHER LLP 3161 Michelson Drive Irvine, CA 92612-4412 Telephone: 949.451.3800 Facsimile: 949.451.4220 Attorneys for Defendants AMAZON.COM, INC. and AMAZON LOGISTICS, INC.

POTTER HANDY LLP MARK D. POTTER, SBN 166317 [email protected] JAMES M. TREGLIO, SBN 228077 [email protected] 8033 Linda Vista Road, Suite 200 Telephone: 858.375.7385 Facsimile: 888.422.5191 Attorneys for Plaintiffs RICKY DIAZ, EMANUEL ADAMSON, and JUAN MANUEL ALVAREZ UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RICKY DIAZ, EMANUEL ADAMSON, CASE NO. 3:20-cv-07792-VC JUAN MANUEL ALVAREZ, individually and on behalf of all others similarly situated, JOINT STIPULATION AND [PROPOSED] ORDER TO TRANSFER MATTER Plaintiffs, PURSUANT TO FIRST-TO-FILE RULE v.

AMAZON.COM, INC., a Delaware Judge: The Honorable Vince Chhabria corporation with its principal place of business in Washington, AMAZON LOGISTICS, INC., a Delaware corporation with its principal place of business in Washington, and DOES 1 to 100, inclusive, Defendants. JOINT STIPULATION Pursuant to Northern District Local Rules 7-1 and 7-12, Plaintiffs Ricky Diaz, Emanuel Adamson, and Juan Manuel Alvarez (collectively “Plaintiffs”) and Defendants Amazon.com, Inc. and Amazon Logistics, Inc. (collectively, “Amazon”) (together, the “Parties”), by and through their respective counsel, hereby stipulate and agree as follows: WHEREAS, on August 21, 2020, Plaintiffs filed their Complaint against Amazon in the Superior Court for Alameda County, California, Case No. RG20072092, alleging various violations of the California Labor Code on behalf of a putative class of California-based Amazon Delivery Partners, based on the theory that Delivery Partners were misclassified as independent contractors (Dkt. 1-1, Ex. B at ¶¶ 5, 29); WHEREAS, Amazon removed the action to this Court on November 4, 2020 (Dkt. 1); WHEREAS, prior to the filing of this case, a number of class action complaints were filed on behalf of putative classes of California-based Delivery Partners also alleging that Amazon misclassified Delivery Partners as independent contractors under California law. The first such case, Rittmann v. Amazon.com Inc., was filed in the Western District of Washington in 2016. See Rittmann, et al. v. Amazon.com, Inc., et al., No. 2:16-cv-01554-JCC (W.D. Wash.). A number of subsequently-filed actions have been consolidated with Rittmann. See Order Granting in Part Defendants’ Motion to Dismiss, or in the Alternative, Motion to Transfer or Stay, Mack v. Amazon.com, Inc., et al., No. 2:17- cv-02515-AB-RAO (C.D. Cal. Sept. 19, 2017); Stipulation to Transfer Matter, Ronquillo v. Amazon.com Inc., No. 2:19-cv-00207-AB-FFM (C.D. Cal. Mar. 14, 2019); Order Re: Defendants’ Motion to Dismiss, Stay or Transfer the Action, Hoyt v. Amazon.com, Inc., et al., No. 3:19-cv-00218- JSC (N.D. Cal. Mar. 28, 2019). Additionally, two putative class actions, Keller and Ponce, have been consolidated and transferred from this District to the Western District of Washington under the first- to-file rule. See Keller v. Amazon.com, Inc., et al., No. 3:17-cv-02219-RS (N.D. Cal.); Ponce v. Amazon.com, Inc., et al., No. 3:19-cv-00288-RS (N.D. Cal.). The California class action claims in the consolidated Rittmann and Keller/Ponce actions for minimum wage, overtime, business expenses, and penalties seek to cover all California Delivery Partners, including Plaintiffs in this action; WHEREAS, on December 9, 2020, the Parties stipulated to stay this action pending resolution of the petition for writ of certiorari seeking review of Rittmann v. Amazon.com, Inc.,

(9th Cir. 2020) (Dkt. 13); WHEREAS, on February 22, 2021, the Unites States Supreme Court denied the petition for writ of certiorari seeking review of Rittmann v. Amazon.com, Inc.,

(9th Cir. 2020); WHEREAS, on March 10, 2021, the Parties came before the Court for a Case Management Conference and Amazon stated that it intended to file a Motion to Compel Arbitration or to Dismiss, Stay, or Transfer the action under the first-to-file rule; WHEREAS, at the Case Management Conference, the Court indicated that it was inclined to transfer this action to the Western District of Washington and requested that the Parties confer regarding filing a stipulation to transfer this action; WHEREAS, the Parties agree that this matter and the consolidated Rittmann and Keller/Ponce matters possess sufficient similarity of parties and issues to warrant application of the first-to-file rule given that: (1) Plaintiffs are members of the proposed putative classes in Rittmann and Keller/Ponce, (2) the Defendants are the same, and (3) the issues to be tried overlap significantly, including the core theory of liability advanced in all cases that Amazon Delivery Partners are misclassified as independent contractors; WHEREAS, rather than engage in motion practice, the Parties have agreed to stipulate to have this action transferred to the Western District of Washington based on the first-to-file rule. NOW, THEREFORE, the Parties, through their undersigned counsel, hereby stipulate, agree, and respectfully request that the Court enter an Order that: 1. This matter shall be transferred to the Western District of Washington. 2. All deadlines shall be vacated with any new deadlines to be set by the District Court for the Western District of Washington. 3. This Stipulation does not limit or affect Amazon’s ability to file a motion, including a motion to compel arbitration, or other responsive pleading in response to the Complaint.

IT IS SO STIPULATED. Dated: March 19, 2021 POTTER HANDY LLP

By: James M. Treglio Mark D. Potter James M. Treglio

Attorneys for Plaintiffs RICKY DIAZ, EMANUEL ADAMSON, and JUAN MANUEL ALVAREZ

Dated: March 19, 2021 GIBSON, DUNN & CRUTCHER LLP

By: Katherine V.A. Smith Katherine V.A. Smith Bradley J. Hamburger Michael Holecek Megan M. Cooney

Attorneys for Defendants AMAZON.COM, INC. and AMAZON LOGISTICS, INC.

ATTESTATION I hereby attest that I have on file all holographic signatures corresponding to any signatures indicated by a conformed signature (/s/) within this e-filed document.

Dated: March 19, 2021 Katherine V.A. Smith Katherine V.A. Smith ORDER The Court, having considered the Joint Stipulation to Transfer Matter Pursuant to First-to-File Rule, and good cause appearing therefore, hereby ORDERS: 1. This matter shall be TRANSFERRED to the Western District of Washington. 2. All deadlines shall be VACATED with any new deadlines to be set by the District Court for the Western District of Washington. 3. This Order does not limit or affect Amazon’s ability to file a motion, including a motion to compel arbitration, or other responsive pleading in response to the Complaint.

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

Dated: March 23, 2021 AES DISTR] Op Cy £0

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