Rivera v. Amazon Web Services Inc

Opinion

THE HONORABLE JOHN H. CHUN 1

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE

8 AVELARDO RIVERA and YASMINE Case No. 2:22-cv-00269-JHC 9 ROMERO, individually and on behalf of all 10 others similarly situated, STIPULATED MOTION AND ORDER 11 Plaintiffs, FOR EXTENSION OF FACT DISCOVERY DEADLINE 12 v. NOTE ON MOTION CALENDAR: 13 AMAZON WEB SERVICES, INC., a April 26, 2024 14 Delaware corporation,

15 Defendant.

17 18 19 20 21 22 23 24 25 26 27 1 Plaintiffs Avelardo Rivera and Yasmine Romero (“Plaintiffs”) and Defendant Amazon 2 Web Services (“AWS” or “Defendant”) (collectively, “the Parties”), by their counsel, stipulate 3 and jointly move to (1) extend the deadline for fact discovery as to the Parties by 45 days to June 4 14, 2024, and (2) extend the deadline for fact discovery as to third parties by 90 days, to July 29, 5 2024. In support of this stipulated motion, the Parties state as follows: 6 1. On January 31, 2024, the Court ordered AWS to produce a list of Rekognition 7 customers, and reopened fact discovery for ninety days, to April 30, 2024. (Dkt. 152.) AWS 8 produced a list of more than 90,000 customer accounts on February 21. On March 12, Plaintiffs 9 moved for leave to serve four additional interrogatories regarding the list, requesting that 10 Amazon (1) identify all customers who made over 50,000 API calls using IndexFaces and/or 11 CompareFaces, (2) provide addresses for those customers, and (3) name any customers which it 12 plans to identify in its opposition to class certification. (Dkt. 165.) On March 26, AWS 13 supplemented the list that it produced on February 21. 14 2. The Court granted Plaintiffs’ motion for leave to serve four additional 15 interrogatories on April 5. (Dkt. 192.) Plaintiffs served the interrogatories the same day, making 16 AWS’s deadline to respond May 6. On April 11, AWS served one interrogatory on Plaintiffs. 17 Plaintiffs’ deadline to respond to that interrogatory is May 13. Both Parties’ response deadlines 18 fall after the current April 30 close of fact discovery. 19 3. On April 22 and April 23, counsel for the Parties conferred via teleconference, 20 and on April 25, reached an agreement over email regarding an extension of time to complete 21 fact discovery. 22 4. The Parties hereby stipulate and agree, subject to Court approval, to (1) a 45-day 23 extension of the fact discovery deadline as to the Parties (to June 14), and (2) a 90-day extension 24 of the fact discovery deadline as to third parties (to July 29). 25 5. Under Federal Rule of Civil Procedure 16(b)(4), “[a] schedule may be modified 26 only for good cause and with the judge’s consent.” Good cause exists here. First, the current fact 27 discovery deadline (April 30) conflicts with the Rule 33 deadlines for the Parties to respond to 1 | the respective outstanding interrogatories. That reason alone establishes good cause for an 2 || extension. 3 6. Second, there is good cause to further extend the fact discovery deadline beyond 4 | the interrogatory deadlines—for a total of 45 days for discovery from the Parties and 90 days for 5 || discovery from third parties. Plaintiffs will use this additional time to (1) follow up on AWS’s 6 || responses to its interrogatories, and then (2) investigate a subset of AWS’s customers identified 7 AWS’s responses to Plaintiffs’ outstanding interrogatories, which ask AWS to identify high- 8 || volume customers of AWS’s Rekognition technology and provide their addresses. (See Dkts. 165 9 | at 2, 187 at 4-6). After receiving AWS’s responses, Plaintiffs intend to subpoena a subset of the 10 | customers, who may move to quash, move for protective orders, or fail to respond at all, 11 | requiring motion practice. 12 7. Third, the Parties’ requested extension is made in a timely manner—prior to the 13. | April 30 deadline—which weighs in favor of modifying the deadlines. See Ahanchian v. Xenon 14 || Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010) (“requests for extensions of time made before 15 | the applicable deadline has passed should ‘normally . . . be granted in the absence of bad faith on 16 | the part of the party seeking relief or prejudice to the adverse party.’”) (quoting 4B Charles Alan 17 | Wright & Arthur R. Miller, Federal Practice and Procedure § 1165 (3d ed. 2004)). 18 8. Accordingly, the Parties request that the scheduling order be modified as follows:

2 Parties WHEREFORE, the Parties respectfully request that the Court extend the fact discovery * deadline as described above and include these fact discovery deadlines in the Court’s next > scheduling order. (See Dkt. 196 (the Parties submitting a joint status report which proposes 70 future case deadlines through class certification).) 27 STIPULATED MOTION AND ORDER FOR EXTENSION OF FACT DISCOVERY DEADT INES

1 Respectfully Submitted, 2 AVELARDO RIVERA and YASMINE 3 ROMERO, individually and on behalf of all others similarly situated, 4 Dated: April 26, 2024 By: /s/ Wright A. Noel 5 One of Plaintiffs’ Attorneys 6 Wright A. Noel 7 wright@carsonnoel.com CARSON NOEL PLLC 8 20 Sixth Avenue NE Issaquah, WA 98027 9 Tel: 425.837.4717 10 Fax: 425.837.5396

11 J. Eli Wade-Scott* ewadescott@edelson.com 12 Schuyler Ufkes* sufkes@edelson.com 13 EDELSON PC 14 350 North LaSalle Street, 14th Floor Chicago, Illinois 60654 15 Tel: 312.589.6370 Fax: 312.589.6378 16 Philip L. Fraietta* 17 pfraietta@bursor.com 18 Alec M. Leslie* aleslie@bursor.com 19 Max S. Roberts* mroberts@bursor.com 20 BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor 21 New York, New York 10019 22 Tel: 646.837.7150 Fax: 212.989.9163 23 Randall K. Pulliam* 24 rpulliam@cbplaw.com 25 Samuel R. Jackson* sjackson@cbplaw.com 26 CARNEY BATES AND PULLIAM, PLLC 519 West 7th Street 27 Little Rock, Arkansas 72201 1 Tel: 501.312.8500 2 Fax: 501.312.8505

3 *Admitted pro hac vice

4 Attorneys for Plaintiffs and the Putative Class

6 AMAZON WEB SERVICES, INC,

7 Dated: April 26, 2024 By: /s/ Ryan Spear (with authorization) One of Defendant’s Attorneys 8 Ryan Spear, WSBA No. 39974 9 RSpear@perkinscoie.com 10 Nicola Menaldo, WSBA No. 44459 NMenaldo@perkinscoie.com 11 PERKINS COIE LLP 1201 Third Avenue, Suite 4900 12 Seattle, Washington 98101-3099 Telephone 206.359.8000 13 Facsimile 206.359.9000 14 Attorneys for Defendant 15 Amazon Web Services Inc.

16 17 18 19 20 21 22 23 24 25 26 27 LCR 7(e) Certification 1 I certify that this memorandum contains 697 words, in compliance with the Local Civil 2 Rules. 3 /s/ Wright A. Noel 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER IT IS SO ORDERED. DATED this 26th day of April, 2024.

oh 4. Chur 6 C fot MV. Conn 7 UNITED STATES DISTRICT JUDGE 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATED MOTION AND ORDER FOR EXTENSION OF FACT DISCOVERY DEADI INES