In re Amazon Service Fee Litigation

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 11 CASE NO. 2:22-cv-00743-TL IN RE: AMAZON SERVICE FEE 12 LITIGATION (CONSOLIDATED CASE) ORDER REQUESTING 14 SUPPLEMENTAL BRIEFING 17 This matter is before the Court on Defendant Amazon.com, Inc.’s Motion to Dismiss Amended Consolidated Complaint and Strike Certain Allegations (Dkt. No. 51). Since the completion of briefing on the motion, the Eleventh Circuit issued a decision in Marquez v. Amazon.com, Inc., 69 F.4th 1262 (11th Cir. 2023). There, the court applied Washington law to affirm the dismissal of contract and quasi contract claims related to Defendant’s Terms & Conditions. See id. at 1270–74, 1276.

23 // // 1 Accordingly, to assist the Court’s determination of the motion, it is hereby ORDERED: 2 • Defendant SHALL file a supplemental brief addressing Marquez and its relevance 3 to this matter by November 17, 2023.

4 • Plaintiff SHALL file a response by December 1, 2023.

5 • No brief shall exceed five (5) pages.

6 • No reply is permitted.

7 Dated this 2nd day of November 2023.

A Tana Lin 10 United States District Judge