Case 2:17-cv-00370-RSL Document 95 Filed 12/06/18 Page 1 of 6

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Honorable Robert S. Lasnik

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CHAMBER OF COMMERCE OF THE
UNITED STATES OF AMERICA, and
RASIER, LLC
v.

Plaintiffs,

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CITY OF SEATTLE,

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SEATTLE DEPARTMENT OF FINANCE
AND ADMINISTRATIVE SERVICES, and

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CALVIN W. GOINGS, 1 in his official
capacity as Director, Finance and
Administrative Services, City of Seattle

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STIPULATED MOTION
REGARDING MOTIONS AND
BRIEFING SCHEDULE

NOTING DATE: December 6, 2018

Defendants.

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Case No. 17-cv-00370-RSL

Pursuant to Local Civil Rules 7(d)(1) and 10(g), Plaintiffs and Defendants (“Seattle”)
submit this Stipulated Motion to modify the schedule for the filing and briefing of Plaintiffs’
motion for summary judgment and Seattle’s motion for discovery set forth in the Court’s case
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Former Defendant Fred Podesta is no longer the Director of Finance and Administrative
Services. The current Director is Calvin W. Goings.
Stipulated Motion Regarding Motions and Briefing Schedule - 1
Case No. 17-cv-00370-RSL

STOEL RIVES LLP

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone (206) 624-0900

 Case 2:17-cv-00370-RSL Document 95 Filed 12/06/18 Page 2 of 6

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management order dated November 2, 2018, and the parties’ Joint Status Report and Discovery

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Plan dated October 26, 2018. For the reasons set forth herein, the parties stipulate and agree that

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the time for Plaintiffs to file their motion for summary judgment shall be suspended pending

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Seattle’s consideration of an amendment to the collective-bargaining ordinance under review in

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this action. The parties shall file a joint status report no later than January 15, 2019, advising the

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Court on the status of the amendment and proposing a revised schedule for the filing and briefing

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of Plaintiffs’ motion for summary judgment and Seattle’s motion for discovery.
1.

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This case, on remand from the Ninth Circuit, involves a facial challenge to a

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Seattle ordinance authorizing for-hire drivers to engage in collective negotiations over the terms

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of their contracts with ride-referral and similar companies (known under the ordinance as “driver

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coordinators”). Plaintiffs allege that the ordinance violates and is preempted by federal antitrust

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law.

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2.

The parties previously negotiated, and the Court ordered, a schedule for the filing

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by Plaintiffs of a motion for summary judgment and the subsequent filing by Seattle of a motion

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for discovery under Rule 56(b). Under the schedule, Plaintiffs’ motion for summary judgment is

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due to be filed this Friday, December 7, and any motion by Seattle for discovery would be due

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on December 21.

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3.

On Monday, December 3, counsel for the City informed counsel for Plaintiffs that

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the City Council is considering an amendment to the ordinance that would remove “the nature or

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amount of payments to be made by, or withheld from, a driver coordinator to or by its drivers”

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from the authorized subjects of collective negotiations. Seattle expects the City Council to make

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a final decision on this proposed amendment within approximately the next month, but not

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before December 21.

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4.

Plaintiffs believe that the amendment would not cure the ordinance’s legal

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deficiencies. Nevertheless, the parties agree that the amendment, if enacted, could potentially

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affect the presentation and scope of the parties’ arguments. Because the amendment will be
Stipulated Motion Regarding Motions and Briefing Schedule - 2
Case No. 17-cv-00370-RSL

STOEL RIVES LLP

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone (206) 624-0900

 Case 2:17-cv-00370-RSL Document 95 Filed 12/06/18 Page 3 of 6

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enacted, if at all, after the current motions deadlines, enactment of the amendment would require

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the parties to revise or supplement their motions and briefs.
5.

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Accordingly, to avoid burdening the parties and the Court with potentially

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unnecessary time and expense, the parties hereby stipulate and agree to temporarily suspend the

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filing and briefing of their respective motions while the City Council considers the amendment.
6.

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The parties further stipulate and agree that they will submit a joint status report no

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later than January 15, 2019, advising the Court on the status of the amendment and proposing a

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revised schedule for the filing and briefing of Plaintiffs’ motion for summary judgment and any

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motion by Seattle for discovery.

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IT IS SO STIPULATED.
Dated: December 6, 2018

Respectfully submitted,

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By:

By:

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Robert J. Maguire, WSBA 29909
Douglas C. Ross, WSBA 12811
DAVIS WRIGHT TREMAINE
Suite 2200
1201 Third Avenue
Seattle, WA 98101
(206) 622-3150
(206) 757-7700 FAX
robmaguire@dwt.com

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Attorneys for Plaintiff Rasier, LLC

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s/ Robert J. Maguire

By: /s/Michael K. Ryan
PETER S. HOLMES
Seattle City Attorney
GREGORY C. NARVER
MICHAEL K. RYAN
SARA O’CONNOR-KRISS
Assistant City Attorneys
Seattle City Attorney’s Office
701 Fifth Avenue, Suite 2050

s/ Timothy J. O’Connell

Timothy J. O’Connell, WSBA 15372
STOEL RIVES LLP
600 University Street, Suite 3600
Seattle, WA 98101
(206) 624-0900
(206) 386-7500 FAX
Tim.oconnell@stoel.com
Michael A. Carvin
(D.C. Bar No. 366784)
(pro hac vice)
Christian G. Vergonis
(D.C. Bar No. 483293)
(pro hac vice)
Jacqueline M. Holmes
(D.C. Bar No. 450357)
(pro hac vice)
Robert Stander
(D.C. Bar No. 1028454)
(pro hac vice)
JONES DAY

Stipulated Motion Regarding Motions and Briefing Schedule - 3
Case No. 17-cv-00370-RSL

STOEL RIVES LLP

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone (206) 624-0900

 Case 2:17-cv-00370-RSL Document 95 Filed 12/06/18 Page 4 of 6

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Seattle, WA 98104
(206) 684-8200
STEPHEN P. BERZON
STACEY M. LEYTON
P. CASEY PITTS
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, CA 94108
(415) 421-7151
Attorneys for Defendants
City of Seattle et al.

51 Louisiana Avenue, N.W.
Washington, D.C. 20001
(202) 879-3939
(202) 616-1700 FAX
mcarvin@jonesday.com
Steven P. Lehotsky
(D.C. Bar No. 992725)
(pro hac vice)
U.S. CHAMBER LITIGATION CENTER
1615 H Street, N.W.
Washington, D.C. 20062
(202) 463-3187
slehotsky@uschamber.com
Attorneys for Plaintiff
Chamber of Commerce of the
United States of America

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Stipulated Motion Regarding Motions and Briefing Schedule - 4
Case No. 17-cv-00370-RSL

STOEL RIVES LLP

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone (206) 624-0900

 Case 2:17-cv-00370-RSL Document 95 Filed 12/06/18 Page 5 of 6

ORDER

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IT IS SO ORDERED.
DATED this ___ day of ________, 2018.

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The Honorable Robert S. Lasnik
Senior United States District Judge

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Stipulated Motion Regarding Motions and Briefing Schedule - 5
Case No. 17-cv-00370-RSL

STOEL RIVES LLP

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone (206) 624-0900

 Case 2:17-cv-00370-RSL Document 95 Filed 12/06/18 Page 6 of 6

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CERTIFICATE OF SERVICE

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I hereby certify that on December 6, 2018, I electronically filed the foregoing with the

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Clerk of the Court using the CM/ECF system which will send notification of such filing to the

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parties who have appeared in this case.

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DATED: December 6, 2018, at Seattle, Washington.
STOEL RIVES LLP
s/ Timothy J. O’Connell
Timothy J. O’Connell,
WSBA No. 15372
600 University Street, Suite 3600
Seattle, WA 98101
Telephone: (206) 624-0900
Facsimile: (206) 386-7500
Email: tim.oconnell@stoel.com

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Stipulated Motion Regarding Motions and Briefing Schedule - 6
Case No. 17-cv-00370-RSL

STOEL RIVES LLP

ATTORNEYS
600 University Street, Suite 3600, Seattle, WA 98101
Telephone (206) 624-0900