Gianne v. Amazon.com Inc

1 THE HONORABLE BARBARA J. ROTHSTEIN 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE WILBERT NAPOLEON, individually and on Case No.: 2:24-CV-00186-BJR behalf of all others similarly situated, 10 JOINT MOTION TO CONSOLIDATE Plaintiff, AND ORDER v. AMAZON.COM, INC., Defendant.

16 JOINT REQUEST TO CONSOLIDATE THE RELATED ACTIONS 17 Pursuant to Federal Rule of Civil Procedure 42(a), all parties in this action and the actions entitled Gianne v. Amazon.com, Inc., No. 2:24-cv-309-BJR and Peterson v. Amazon.com, Inc., No. 2:24-cv-364-BJR (together the “Related Actions”) have conferred through counsel and jointly and respectfully request that the Court consolidate the Related Actions into a single consolidated action.

22 Under Rule 42(a), “[i]f actions before the court involve a common question of law or fact, the court may … consolidate the actions.” Fed. R. Civ. P. 42(a). Once a court identifies a common question of law or fact, it generally weighs “the savings of time and effort consolidation will produce against any inconvenience, delay, confusion, or prejudice that may result.” Rittmann v. Amazon.com, Inc., No. C16-1554-JCC, 2019 WL 2994634, at *1 (W.D. Wash. July 9, 2019).

27 Here, the Parties agree that the Related Actions should be consolidated because they Related Actions each allege that Amazon breached the contract with its annual Amazon Prime subscribers when it allegedly raised the price by an additional $2.99 per month for Prime Video — one of the benefits of Amazon Prime — during the contract period. Plaintiffs in the Related Actions assert overlapping legal claims, asserting that Amazon’s conduct with respect to Prime Video constitutes a breach of contract and breach of the implied covenant of good faith and fair dealing, and violates the Washington Consumer Protection Act and other state consumer protection statutes. There is also substantial overlap across the proposed classes in the Related Actions, which all include customers who purchased annual Amazon Prime subscriptions. Given the common defendant and significant overlap in factual and legal issues, the interests of judicial economy support consolidation of the Related Actions.

11 PROPOSED NEXT STEPS 12 The Parties respectfully request that the Court (i) consolidate the Related Actions and any pending or future related actions in this District relating to an alleged price increase for Prime Video and/or the inclusion of advertising content with Prime Video, (ii) order Plaintiffs in the Related Actions to file a consolidated amended complaint, (iii) designate this action, the first-filed of the three Related Actions, as the main docket for the consolidated action, and (iv) vacate any prior scheduling orders and initial deadlines in each of the Related Actions. The Parties also respectfully request that Court enter the following case schedule in the consolidated action: Event Deadline Deadline for Plaintiffs’ counsel in the Related 14 days after the Court’s order on Actions to file cross-motions seeking appointment as consolidation interim class counsel, pursuant to Fed. R. Civ. P. 23(g)(3) Deadline to file a Consolidated Amended Complaint 30 days after the order appointing (“CAC”) lead interim class counsel Deadline for Amazon to respond to the CAC 30 days after the CAC is filed Dated: April 26, 2024 Respectfully submitted, 2 FENWICK & WEST LLP By /s/ Brian D. Buckley Brian D. Buckley, WSBA No. 26423 5 401 Union Street, 5th Floor Seattle, WA 98101 6 Telephone: 206.389.4510 Facsimile: 206.389.4511 7 Email: [email protected] Attorneys for Defendant 9 AMAZON.COM, INC. DOVEL & LUNER, LLP By /s/ Jonas B. Jacobson 13 Jonas B. Jacobson (pro hac vice) Christin Cho (pro hac vice) 14 Simon Franzini (pro hac vice) Santa Monica Blvd., Suite 600 15 Santa Monica, CA 90401 Telephone: (310) 656-7066 Facsimile: (310) 656-7069 17 Email: [email protected] Email: [email protected] 18 Email: [email protected] 19 CARSON & NOEL PLLC Wright A. Noel, WSBA No. 25264 Sixth Avenue NE 21 Issaquah WA 98027 Telephone: 425.395.7786 22 Facsimile: 42.837.5396 Email: [email protected] Attorneys for Plaintiff WILBERT NAPOLEON 1 TOUSLEY BRAIN STEPHENS PLLC By /s/ Kim D. Stephens, P.S.

3 Kim D. Stephens, P.S., WSBA No. 11984 Rebecca L. Solomon, WSBA No. 51520 1200 Fifth Avenue, Suite 1700 5 Seattle, WA 98101 Telephone: 206.682.5600 6 Facsimile: 206.682.2992 [email protected] 7 [email protected] Attorneys for Plaintiffs 9 NATALIE GIANNE & Proposed Class SIRI & GLIMSTAD LLP By /s/ David J. DiSabato 13 David J. DiSabato (pro hac vice to be filed) Lisa R. Considine (pro hac vice to be filed) 14 Oren Faircloth (pro hac vice to be filed) Fifth Avenue, Suite 500 15 New York, NY 10151 Telephone: 212.532.1091 Facsimile: 646.417.5967 17 Email: [email protected] Email: [email protected] 18 Email: [email protected] 19 Attorneys for Plaintiffs TIMOTHY PETERSON & Proposed Class IT IS SO ORDERED.

DATED this 13th day of May, 2024.

A 26 B arbara Jacobs Rothstein U.S. District Court Judge Presented by: FENWICK & WEST LLP By: /s/ Brian D. Buckley Brian D. Buckley, WSBA No. 26423 401 Union Street, 5th Floor Seattle, WA 98101 Telephone: 206.389.4510 Facsimile: 206.389.4511 Email: [email protected] Attorneys for Amazon.com, Inc.