Rivera v. Amazon Web Services Inc

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE AVELARDO RIVERA and YASMINE ROMERO, individually, and on behalf of all others similarly situated, No. 2:22-CV-00269-JHC Plaintiffs, STIPULATED MOTION AND 11 v. ORDER FOR EXTENSION OF FACT DISCOVERY DEADLINES AMAZON WEB SERVICES, INC., a Delaware corporation, NOTE ON MOTION CALENDAR: MAY 15, 2024 14 Defendant.

16 Pursuant to Local Civil Rules 7(d)(1) and 10(g), defendant Amazon Web Services, Inc. (“AWS”) and plaintiffs Avelardo Rivera and Yasmine Romero (“Plaintiffs”) (collectively, the “Parties”) jointly move the Court for a two-day extension of the current fact discovery periods.

19 In support of this stipulated motion, the Parties state as follows: 20 1. On March 12, 2024, Plaintiffs moved for leave to serve four additional interrogatories on AWS. See Dkt. 165. The Court granted that motion on April 5. See Dkt. 192.

22 2. Plaintiffs served their four additional interrogatories on AWS on April 5, making May 6 the deadline for AWS to provide answers and objections to Plaintiffs’ four additional interrogatories.

25 3. On April 11, AWS served one additional interrogatory on Plaintiffs, making May 13 the deadline for Plaintiffs to provide answers and objections to AWS’s interrogatory.

1 4. After meeting and conferring, the Parties agreed that, “[i]f either party doesn’t provide substantive answers by their [respective interrogatory response] deadline[s], the parties agree that the receiving party will agree to extend the parties’ fact discovery deadline by the amount of time it takes the producing party to provide full substantive answers. For example, if AWS produces full substantive answers two weeks after the [May 6] deadline, AWS would agree to a stipulated motion that extends the parties’ fact discovery deadline by two additional weeks.” Ex. A (Apr. 24, 2024 email from counsel for plaintiffs to counsel for AWS).

8 5. On April 26, the Parties filed a Stipulated Motion and [Proposed] Order for Extension of Fact Discovery Deadlines, which this Court granted. See Dkts. 197, 198. Under the Court’s order granting that Stipulated Motion, fact discovery among the Parties is scheduled to close on June 14, while fact discovery as to third parties is scheduled to close on July 29.

12 6. AWS provided answers and objections to Plaintiffs’ four additional interrogatories on May 6. AWS then produced further information responsive to certain of Plaintiffs’ four additional interrogatories on May 8. Accordingly, pursuant to their earlier agreement, the Parties have agreed, subject to Court approval, to extend the current fact discovery deadlines by an additional two days.

17 7. Under Federal Rule of Civil Procedure 16(b)(4), “[a] schedule may be modified only for good cause and with the judge’s consent.” Good cause exists here because the requested extension is consistent with the Parties’ agreement, is intended to facilitate the orderly and efficient completion of fact discovery without unnecessary motion practice, and is timely.

21 See Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010) (requests for extensions of time made before the applicable deadline has passed should normally be granted in the absence of bad faith or prejudice).

24 8. The Parties therefore respectfully request that the current fact discovery deadlines be modified as follows:

4 Close of fact discovery as to the June 14, 2024 June 17, 2024 Parties Close of fact discovery as to 7 third parties July 29, 2024 August 1, 2024 9 . pe WHEREFORE, the Parties respectfully request that the Court enter an order modifying the current fact discovery deadlines in accordance with this Stipulated Motion.

Dated: May 15, 2024 14 By: _s/Rvan Spear Ryan Spear, WSBA No. 39974 15 [email protected] 16 Nicola Menaldo, WSBA No. 44459 [email protected] 17 Perkins Coie LLP 1201 Third Avenue, Suite 4900 18 Seattle, Washington 98101-3099 Telephone 206.359.8000 19 Facsimile 206.359.9000 Attorneys for Defendant 71 AMAZON WEB SERVICES, INC. STIPULATED MOTION AND ORDER (No. 2:22-cv-00269-JHC) — 3 1 By: _s/Schuyler Ufkes J. Eli Wade-Scott (admitted pro hac vice) 2 [email protected] 3 Schuyler Ufkes (admitted pro hac vice) [email protected] 4 EDELSON PC North LaSalle Street, 14th Floor 5 Chicago, Illinois 60654 Tel: 312.589.6370 6 Fax: 312.589.6378 Attorneys for Plaintiffs Avelardo Rivera and 8 Yasmine Romero RDER 1] ITIS SOORDERED. The Court GRANTS the motion at Dkt. # 200.

DATED this 16th day of May, 2024.

14 c/ oh A) . Oburw JOHN H. CHUN 16 UNITED STATES DISTRICT JUDGE STIPULATED MOTION AND ORDER (No. 2:22-cv-00269-JHC) — 4