Reiss v. Amazon.com Inc

1 THE HONORABLE KYMBERLY K. EVANSON

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE CD REISS, on behalf of herself and all others Case No. 2:24-cv-00851-KKE similarly situated, STIPULATED MOTION AND ORDER 11 Plaintiff, TO TRANSFER 12 v. NOTE ON MOTION CALENDAR: 13 July 24, 2024 AMAZON.COM, INC., a Delaware corporation, 15 Defendant.

17 STIPULATION 18 The parties, by and through their counsel, stipulate and agree as follows: 19 1. Plaintiff CD Reiss filed this lawsuit on June 13, 2024, and served Amazon.com, Inc. (“Amazon”) with the Summons and Complaint on June 18, 2024.

21 2. This Court extended the deadline for Amazon to respond to the Complaint by 60 days, until September 9, 2024.

23 3. The Court ordered the parties to conduct a Rule 26(f) conference by July 24, 2024.

24 4. Plaintiff’s complaint alleges that Amazon has engaged in anticompetitive conduct, including through the manner in which it contracts with authors. Dispute-resolution provisions in these contracts between Audible, Amazon’s subsidiary, and authors such as Plaintiff require that disputes be brought in courts sitting in the County of New York, New York, which has exclusive jurisdiction of such cases.

3 5. 28 U.S.C. § 1404(a) permits transfer of a case to any “district to which the parties have agreed by contract or stipulation.” Atl. Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of 5 Texas, 571 U.S. 49, 59 (2013).

6 6. Plaintiff’s complaint is hereby transferred to the United States District Court for the Southern District of New York for further proceedings.

8 7. All other deadlines set by this Court are hereby stayed.

9 8. The parties have conducted a Rule 26(f) conference on July 23, 2024.

10 9. The parties have agreed to the deadlines in subparagraphs 9(a)-(b) and following transfer will jointly move for the following deadlines: 12 a. Initial disclosures: August 21, 2024 13 b. Amazon’s answer or motion on the complaint: September 16, 2024 14 IT IS SO STIPULATED.

15 Dated this 24th day of July, 2024.

16 MORGAN, LEWIS & BOCKIUS LLP By: s/ Molly A. Terwilliger Patty A. Eakes, WSBA #18888 Molly A. Terwilliger, WSBA #28449 1301 Second Avenue, Suite 3000 Seattle, WA 98101 Phone: (206) 274-6400 Email: [email protected] [email protected] Attorneys for Defendant Amazon.com, Inc. 23 HAGENS BERMAN SOBOL SHAPIRO LLP By: s/ Steve W. Berman (w/permission) 25 Steve W. Berman (WSBA No. 12536) 1301 Second Avenue, Suite 2000 26 Seattle, WA 98101 1 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 2 [email protected] 3 Nathan Emmons (pro hac vice) North Cityfront Plaza Drive, Suite 2410 4 Chicago, IL 60611 Telephone: (708) 625-4949 5 [email protected] 6 SPERLING & SLATER, LLC 7 Phillip Cramer (pro hac vice) Dean Balaes (pro hac vice) 8 1221 Broadway, Suite 2140 Nashville, TN 37203 9 Telephone: (312) 641-3200 Facsimile: (312) 641-6492 10 [email protected] [email protected] Eamon P. Kelly (pro hac vice) 12 Barry Frett (pro hac vice) W. Monroe Street, Suite 3200 13 Chicago, IL 60603 Telephone: (312) 641-3200 14 Facsimile: (312) 641-6492 [email protected] 15 [email protected] 16 Attorneys for Plaintiffs 1 ORDER 2 Pursuant to stipulation, IT IS SO ORDERED.

Dated this 25th day of July, 2024.

A Kymberly K. Evanson 7 United States District Judge

10 Presented by: MORGAN, LEWIS & BOCKIUS LLP By: s/ Molly A. Terwilliger Patty A. Eakes, WSBA #18888 Molly A. Terwilliger, WSBA #28449 1301 Second Avenue, Suite 3000 Seattle, WA 98101 Phone: (206) 274-6400 Email: [email protected] [email protected] Attorneys for Defendant Amazon.com, Inc.