Filed: Sep. 25, 2019
Latest Update: Sep. 25, 2019
Summary: STIPULATION AND ORDER RE STAY PENDING RESOLUTION OF APPEAL RICARDO S. MARTINEZ , Chief District Judge . Plaintiff Bernard Waithaka and Defendants Amazon.com, Inc. and Amazon Logistics, Inc., by and through their undersigned counsel, jointly stipulate and request that the Court stay this action pending the resolution of the appeal presently before the U.S. Court of Appeals for the First Circuit in the matter of Waithaka v. Amazon.com, Inc., et al., No. 18-40150 (D. Mass.), appeal docketed
Summary: STIPULATION AND ORDER RE STAY PENDING RESOLUTION OF APPEAL RICARDO S. MARTINEZ , Chief District Judge . Plaintiff Bernard Waithaka and Defendants Amazon.com, Inc. and Amazon Logistics, Inc., by and through their undersigned counsel, jointly stipulate and request that the Court stay this action pending the resolution of the appeal presently before the U.S. Court of Appeals for the First Circuit in the matter of Waithaka v. Amazon.com, Inc., et al., No. 18-40150 (D. Mass.), appeal docketed,..
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STIPULATION AND ORDER RE STAY PENDING RESOLUTION OF APPEAL
RICARDO S. MARTINEZ, Chief District Judge.
Plaintiff Bernard Waithaka and Defendants Amazon.com, Inc. and Amazon Logistics, Inc., by and through their undersigned counsel, jointly stipulate and request that the Court stay this action pending the resolution of the appeal presently before the U.S. Court of Appeals for the First Circuit in the matter of Waithaka v. Amazon.com, Inc., et al., No. 18-40150 (D. Mass.), appeal docketed, No. 19-1848 (1st Cir. Aug. 30, 2019). In support of this joint stipulation, the parties state as follows:
1. Defendants' deadline to answer or otherwise respond to the Complaint is October 3, 2019. See ECF No. 71.
2. The Court's August 28, 2019 Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement sets a September 25, 2019 deadline for the parties' Fed. R. Civ. P. 26(f) conference; an October 2, 2019 deadline to serve initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1); and an October 9, 2019 deadline to file a combined joint status report and discovery plan as required by Fed. R. Civ. P. 26(f) and Local Rule 26(f). See ECF No. 64.
3. This action was transferred to this Court from the U.S. District Court for the District of Massachusetts on August 20, 2019, after Judge Hillman of the District of Massachusetts granted in part and denied in part Defendants' motion to compel arbitration, or in the alternative, to transfer or stay. Judge Hillman held that Plaintiffs fall within the Federal Arbitration Act's transportation worker exemption, 9 U.S.C. § 1. Defendants have appealed that decision to the First Circuit.
4. In the interests of judicial economy and preserving party resources, the parties respectfully request that the Court stay this action pending the disposition by the First Circuit of the presently-pending appeal.
Respectfully submitted September 23, 2019.
By: s/Michael C. Subit By: s/Ryan D. Redekopp
Michael C. Subit, WSBA No. 29189 Ryan D. Redekopp, WSBA No. 36853
FRANK FREED SUBIT & THOMAS LLP K&L GATES LLP
Hoge Building, Suite 1200 925 Fourth Avenue, Suite 2900
705 Second Avenue Seattle, WA 98104-1158
Seattle, Washington 98104-1729 Telephone: (206) 370-7673
Telephone: (206) 682-6711 Fax: (206) 623-7022
Fax: (206) 682-0401 ryan.redekopp@klgates.com
msubit@frankfreed.com
Shannon Liss-Riordan (pro hac vice) Richard G. Rosenblatt*
Adelaide Pagano (pro hac vice) James P. Walsh*
LICHTEN & LISS-RIORDAN, P.C. MORGAN LEWIS & BOCKIUS
729 Boylston Street, Suite 2000 502 Carnegie Center
Boston, MA 02116 Princeton, NJ 08540
Telephone: (617) 994-5800 Telephone: (609) 916-6600 ______
Fax: (617) 994-5801 rrosenblatt@morganlewis.com
sliss@llrlaw.com james.walsh@morganlewis.com
apagano@llrlaw.com
Attorneys for Plaintiff Attorneys for Defendants
* Pro hac vice applications forthcoming
ORDER
Having reviewed the parties' Stipulation and Proposed Order Regarding Stay Pending Resolution of Appeal, it is hereby ordered that this matter is stayed until the final resolution by the U.S. Court of Appeals for the First Circuit of the matter of Waithaka v. Amazon.com, Inc., et al. (1st Cir. No. 19-1848).
