Case 2:22-cv-00446-JCC Document 10 Filed 03/28/22 Page 1 of 3
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`March 25, 2022
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`VIA ECF
`Judge Alison J. Nathan
`United States District Court
`Southern District of New York
`40 Foley Square, Room 2102
`New York, NY 10007
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`RE: Baron, et al. v. Amazon.com, Inc.,
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`No. 1:21-cv-9636-AJN-SN
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`Dear Judge Nathan:
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`Plaintiffs Mary Baron, Calhea Johnson, Malika McLean, and Tony Watson (“Plaintiffs”)
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`and Defendant Amazon.com, Inc. (“Amazon”) (collectively, the “Parties”) have met and conferred
`about the above-captioned action. The Parties have also met and conferred concerning Caudel, et
`al. v. Amazon.com, Inc., No. 2:20-cv-848, pending in the U.S. District Court for the Eastern District
`of California (the “Caudel Action”). The Caudel Action concerns the same subject matter as the
`instant matter, and the Parties have retained the same counsel in both actions.
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`The Parties have met and conferred as to measures to coordinate the two actions in order
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`to conserve judicial resources and for the convenience of the Parties. The Parties agreed that
`stipulating to and requesting transfer of the instant action and the Caudel Action to the U.S. District
`Court for the Western District of Washington, where Amazon resides, would further those goals.
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`Specifically, the Parties agreed that transfer would promote convenience for the Parties and
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`witnesses by allowing both matters to be heard in one forum and would conserve judicial and party
`resources by eliminating motion practice related to the forum-selection clause in Amazon’s
`Conditions of Use. By entering into this stipulation, neither Party waives any claims, defenses, or
`arguments as to Amazon’s Conditions of Use, including as to whether or how the Conditions of
`Use bear on Plaintiffs’ claims.
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`On February 24, 2022, the Parties jointly requested a thirty (30) day extension of time for
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`Amazon to respond to the Complaint (Dkt. No. 7), during which time the Parties expected to
`finalize and file the aforementioned stipulation requesting transfer. The next day this Court entered
`an order granting the stipulated extension of time and ordering that Amazon’s response to the
`Complaint be filed no later than March 28, 2022 (Dkt. No. 8). The Parties jointly requested and
`received similar relief in the Caudel Action. Caudel, et al. v. Amazon.com, Inc., No. 2:20-cv-848
`(Dkt. No. 44) (Feb. 25, 2022).
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`156083041.1
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`3/28/22
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`Case 2:22-cv-00446-JCC Document 10 Filed 03/28/22 Page 2 of 3
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`Respectfully submitted,
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`With this Letter-Motion and consistent with the Parties’ stipulation, the Parties jointly
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`request transfer of the instant action to the U.S. District Court for the Western District of
`Washington.
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`On March 22, 2022, the parties in the Caudel Action jointly requested the same relief in
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`that case. Upon transfer to the Western District of Washington of the instant action by this Court
`and of the Caudel Action by the Eastern District of California, the Parties will meet and confer
`regarding potential consolidation of the actions, a consolidated amended complaint, and a
`proposed schedule for responding to any amended complaint.
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`Accordingly, the parties HEREBY STIPULATE and request that the Court transfer this
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`action to the U.S. District Court for the Western District of Washington.
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`DATED: March 25, 2022
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`By:
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`/s/ Carlos F. Ramirez
`Michael R. Reese
`Carlos F. Ramirez
`mreese@reesellp.com
`cramirez@reesellp.com
`Reese LLP
`100 West 93rd St, 16th Fl
`New York, NY 10025
`Phone:
`914.860.4994
`Facsimile:
`212.253.4272
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`George V. Granade
`ggrenade@reesellp.com
`Reese LLP
`8484 Wilshire Boulevard, Suite 515
`Los Angeles, CA 90211
`Phone:
`310.393.0070
`Facsimile:
`212.253.4272
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`Spencer Sheehan
`spencer@spencersheehan.com
`Sheehan & Associates, P.C.
`505 Northern Blvd, Ste 311
`Great Neck, NY 11021
`Phone:
`516.303.0552
`Facsimile:
`516.234.7800
`Attorneys for Plaintiffs
`Mary Baron, Calhea Johnson, Malika
`McLean, and Tony Watson
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` CC: All counsel of record (via ECF)
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`156083041.1
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`By:
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`/s/ Charles C. Sipos
`Charles C. Sipos
`csipos@perkinscoie.com
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`Phone:
`206.359.8000
`Facsimile:
`206.359.9000
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`David T. Biderman
`dbiderman@perkinscoie.com
`Perkins Coie LLP
`1888 Century Park E., Suite 1700
`Los Angeles, CA 90067-1721
`Phone:
`310.788.9900
`Facsimile:
`310.788.3399
`Attorneys for Defendant
`Amazon.com, Inc.
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`-2-
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`Case 2:22-cv-00446-JCC Document 10 Filed 03/28/22 Page 3 of 3
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`IT IS SO ORDERED.
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`DATED: _________________
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`[PROPOSED ORDER]
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`_______________________
`Honorable Alison J. Nathan
`United States District Judge
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`156083041.1
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`-3-
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`3/28/22
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