Case 2:22-cv-00269-JHC Document 52 Filed 12/15/22 Page 1 of 3
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`THE HONORABLE JOHN H. CHUN
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`AVELARDO RIVERA and YASMINE
`ROMERO, individually, and on behalf of all
`others similarly situated,
`Plaintiffs,
`
`v.
`AMAZON WEB SERVICES, INC.,
`Defendant.
`
`No. 2:22-cv-00269-JHC
`NOTICE OF SUPPLEMENTAL
`AUTHORITY IN SUPPORT OF
`AMAZON WEB SERVICES, INC.’S
`RULE 12(b)(6) MOTION TO
`DISMISS
`NOTED ON MOTION CALENDAR:
`November 16, 2022
`ORAL ARGUMENT REQUESTED
`
`NOTICE OF SUPPLEMENTAL AUTHORITY
`(No. 2:22-cv-00269-JHC)
`
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, Washington 98101-3099
`Phone: 206.359.8000
`Fax: 206.359.9000
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`Case 2:22-cv-00269-JHC Document 52 Filed 12/15/22 Page 2 of 3
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`Under Local Civil Rule 7(n), defendant Amazon Web Services, Inc. respectfully submits
`this Notice of Supplemental Authority in support of its pending motion to dismiss. See Dkt. 45.
`Attached as Exhibit A is a true and correct copy of a transcript of an oral decision by the
`Eighteenth Judicial Circuit of DuPage County, Illinois in Guszkiewicz v. Beelman Truck Co.,
`No. 2021L001248 (Ill. Cir. Ct. Nov. 3, 2022). In that decision, the Guszkiewicz court grants
`defendant Samsara Inc.’s motion to dismiss claims under the Illinois Biometric Information
`Privacy Act (“BIPA”) on the ground that technology service providers, like Samsara, comply
`with BIPA when they contractually require their customers to meet the law’s requirements. The
`plaintiff in Guszkiewicz is represented by Edelson P.C., the firm representing Plaintiffs here.
`The plaintiff in Guszkiewicz, a truck driver employed by Beelman Truck Company,
`alleged that: (1) Beelman installed Samsara’s security cameras and software services in Beelman
`vehicles; (2) Samsara’s cameras and software were used to collect biometric data about
`plaintiff’s and other drivers’ faces while they drove Beelman vehicles; and (3) Samsara should
`therefore be held liable under BIPA because Samsara did not (among other things) provide
`notice to, and obtain consent from, plaintiff and other employees. The Guszkiewicz court
`dismissed plaintiff’s claims against Samsara with prejudice, see Ex. B, holding that Samsara
`“satisfied [its] obligations under” BIPA by contractually requiring Beelman to comply with the
`law, see Ex. A (Report of Proceedings) at 19:21-24. The Guszkiewicz court also observed that it
`did not “know how else” Samsara could comply with BIPA given that it has no direct
`relationship with Beelman’s employees. See id. at 19:16.
`Although the Guskiewicz decision was issued before AWS filed its reply in support of its
`motion to dismiss, the Guskiewicz court did not issue a written opinion, and the transcript of the
`oral decision was not accessible via conventional sources, such as Westlaw. Thus, counsel for
`AWS is filing this notice as soon as reasonably possible after learning of the
`Guskiewicz decision.
`
`NOTICE OF SUPPLEMENTAL AUTHORITY
`(No. 2:22-cv-00269-JHC) – 1
`
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, Washington 98101-3099
`Phone: 206.359.8000
`Fax: 206.359.9000
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`Case 2:22-cv-00269-JHC Document 52 Filed 12/15/22 Page 3 of 3
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`
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`Dated: December 15, 2022
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`By: /s/ Ryan Spear
`Ryan Spear, WSBA No. 39974
`RSpear@perkinscoie.com
`Nicola Menaldo, WSBA No. 44459
`NMenaldo@perkinscoie.com
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, Washington 98101-3099
`Telephone 206.359.8000
`Facsimile 206.359.9000
`
`Attorneys for Defendant
`AMAZON WEB SERVICES, INC.
`
`NOTICE OF SUPPLEMENTAL AUTHORITY
`(No. 2:22-cv-00269-JHC) - 2
`
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, Washington 98101-3099
`Phone: 206.359.8000
`Fax: 206.359.9000
`
`