Amazon.com Inc v. Oron

Opinion

1 The Honorable Ricardo S. Martinez

7 UNITED STATES DISTRICT COURT AT SEATTLE 9

10 AMAZON.COM, INC., a Delaware corporation, No. 2:19-cv-00523-RSM 11 Plaintiff, STIPULATED MOTION AND 12 v. ORDER REGARDING ANSWER DEADLINES AND CASE 13 ROY ORON, an individual; MAAYAN SCHEDULE MARZAN (aka MAAYAN ALMOG), an 14 individual; CLICKOMY, LTD., an Israeli NOTE ON MOTION CALENDAR: company; RASHEED ALI, an individual; NOVEMBER 13, 2020 (LCR 7(d)(1)) 15 PETER BRADFORD, an individual; CASH NETWORK, LLC, a Nevada limited liability 16 company; JEFFREY GILES, an individual; DALE BROWN, an individual; FIRST 17 IMPRESSION INTERACTIVE, INC., an Illinois corporation; and JOHN DOES 1–10, 18

Defendants. 19

20 22 Pursuant to LCR 7(d)(1) and LCR 10(g), Plaintiff Amazon.com, Inc. (“Amazon”) and 23 Defendants Cash Network, LLC, Rasheed Ali, and Peter Bradford (collectively “Cash Network 24 Defendants”), move the Court to extend the deadlines set in the Court’s Order Setting Trial 25 Date and Related Dates (“Scheduling Order”) (Dkt. #64). Shortly after the Scheduling Order 26 was entered, on March 6, 2020 the Cash Network Defendants filed a Motion to Dismiss STIPULATION AND [PROPOSED] ORDER REGARDING 27 1 Amazon’s First Amended Complaint for Lack of Personal Jurisdiction and Failure to State a 2 Claim (“Motion to Dismiss”) (Dkt. #70). This Court recently denied the Motion to Dismiss on 3 October 20, 2020 (Dkt. #98). While the Motion to Dismiss was pending, the parties paused 4 discovery proceedings pending the outcome of the dispositive issue of jurisdiction. The parties 5 now request an extension to the Scheduling Order to begin discovery and prepare the case for 6 trial. The parties previously sought an extension of the Court’s first scheduling order (“First 7 Scheduling Order”), (Dkt. #40), which the Court granted (Dkt. #64) after Amazon amended its 8 Complaint adding seven new defendants to the case. 10 Amazon filed its Complaint on April 10, 2019 against defendants who have since been 11 dismissed from this lawsuit (Dkt. #1). 12 On October 8, 2019, based on the discovery Amazon conducted to date, Amazon moved 13 for leave to file its First Amended Complaint (“FAC”) (Dkt. #45). The Court granted 14 Amazon’s motion on October 25, 2019 (Dkt. #51), and Amazon promptly filed the FAC on 15 October 31, 2019 (Dkt. #52). Among other things, the FAC added seven new defendants, 16 including the Cash Network Defendants.1 As a result, on February 5, 2020, the parties moved 17 for the first time to extend the deadlines set in the Court’s First Scheduling Order (Dkt. #40). 18 On February 7, 2020, the Court issued the controlling Scheduling Order (Dkt. #64). 19 On March 6, 2020, the Cash Network Defendants filed the Motion to Dismiss. While 20 waiting for a decision on the dispositive issue of jurisdiction raised in the Motion to Dismiss, 21 the parties conserved resources by postponing merits discovery.2 On October 20, 2020, this 22 Court denied the Motion to Dismiss (Dkt. #98). Subsequently, on October 29, 2020 Amazon 23 served the Cash Network Defendants with discovery. The parties are now moving forward 24 1 The Cash Network Defendants are the only remaining defendants in the case are. The other defendants have 25 either had a default judgment entered against them or have been voluntarily dismissed. 2 During this time, Amazon moved for default judgments against defendants that had not yet appeared in the 26 lawsuit, entered into a settlement agreement and voluntarily dismissed its claims against another defendant, and continued to pursue discovery issued to third-parties. STIPULATION AND ORDER REGARDING 27 1 with discovery, with less than one month remaining until the current discovery deadline 2 expires. The parties, therefore, wish to adjust the case schedule in order to proceed with the 3 litigation. 5 Good cause exists to extend the Scheduling Order. This is the second time the parties 6 have requested an extension of the Scheduling Order. After the Court entered the First 7 Scheduling Order (Dkt. #40), seven new defendants were added to the litigation, necessitating 8 the need for additional time for the parties to pursue their claims. 9 After the Court entered the current Scheduling Order (Dkt. #64), the parties paused 10 merits discovery pending a decision on the Cash Network Defendants’ Motion to Dismiss. 11 Now that the Motion to Dismiss has been denied and the parties are moving forward with 12 discovery, the Scheduling Order does not provide sufficient time for the parties to pursue their 13 claims and defenses by the current case deadlines. 14 Accordingly, Amazon and the Cash Network Defendants jointly request that the Court 15 amend the Scheduling Order as shown below: 16 Current Date New Date 17 JURY TRIAL DATE April 5, 2021 January 31, 2022 18 Disclosure of expert testimony under October 9, 2020 September 3, 2021 FRCP 26(a)(2) 19 Deadline for filing motions related November 9, 2020 July 2, 2021 20 to fact discovery Fact discovery completed by December 9, 2020 August 6, 2021 21 22 All dispositive motions must be filed January 11, 2021 October 8, 2021 by and noted on the motion calendar 23 no later than the fourth Friday 24 thereafter Mediation per LCR 39.1(c)(3), if February 26, 2021 November 5, 2021 25 requested by the parties, held no later than 26 STIPULATION AND ORDER REGARDING 27 1 Current Date New Date All motions in limine must be filed March 8, 2021 December 3, 2021 2 by and noted on the motion calendar no later than the third Friday 3 thereafter 4 Agreed pretrial order due March 24, 2021 January 7, 2022

5 Trial briefs, proposed voir dire March 31, 2021 January 14, 2022 6 questions, jury instructions, neutral statement of the case, and trial 7 exhibits due 8 DATED this 13th day of November, 2020. 9 10 DAVIS WRIGHT TREMAINE LLP PARR BROWN GEE & LOVELESS 11 By s/ Tim Cunningham By s/ Chad S Pehrson 12 Bonnie E. MacNaughton, WSBA #36110 Chad S Pehrson Tim Cunningham, WSBA #50244 Michael Trent Hoppe 13 920 Fifth Avenue, Suite 3300 101 South 200 East, Suite 700 Seattle, WA 98104 Salt Lake City, UT 84111 14 Tel: (206) 622-3150 Tel: (801) 532-7840 Fax: (206) 757-7700 Email: cpehrson@parrbrown.com 15 Email: bonniemacnaughton@dwt.com mhoppe@parrbrown.com timcunningham@dwt.com 16 melinagarcia@dwt.com Mark P Walters Kevin Edward Regan 17 Attorneys for Plaintiff Amazon.com, Inc. LOWE GRAHAM JONES PLLC 701 5th Avenue, Suite 4800 18 Seattle, WA 98104-7009 Tel: (206) 381-3300 19 Fax: (206) 381-3301 Email: regan@lowegrahamjones.com 20 walters@LoweGrahamJones.com

21 Attorneys for Defendants Cash Network, LLC, Rasheed Ali, and Peter Bradford 22 23

24 25 26 STIPULATION AND ORDER REGARDING 27 3 DATED this 16th day of November, 2020. 4 5 A 6 RICARDO S. MARTINEZ 7 CHIEF UNITED STATES DISTRICT JUDGE

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER REGARDING 27 CERTIFICATE OF SERVICE 1

2 I certify that on November 13, 2020, a copy of this pleading was filed electronically 3 with the Clerk of the Court using the CM/ECF system. Notice of this filing will be sent to all 4 counsel of record via the court’s electronic filing system. 5

6 s/ Tim Cunningham 7 Tim Cunningham 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER REGARDING 27