Davis v. Amazon Inc. et al

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STIPULATION RE 1404(A) TRANSFER — CASE NO. 5:26-cv-09948-EKL
Todd M. Schneider (SBN 158253)
Matthew S. Weiler (SBN 236052)
Raymond S. Levine (SBN 348030)
Braden R. Leach (SBN 348871)
SCHNEIDER WALLACE
COTTRELL KIM LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
TSchneider@schneiderwallace.com
MWeiler@schneiderwallace.com
RLevin@schneiderwallace.com
BLeach@schneiderwallace.com
Counsel for Plaintiff
[Additional counsel on signature page]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
DARIUS DAVIS,
Plaintiff,
v.
AMAZON.COM, INC.; AMAZON.COM
SERVICES, LLC; and AMAZON
LOGISTICS, INC.,
Defendants.
Case No. 5:26-cv-09948-EKL
JOINT STIPULATION TO
TRANSFER VENUE AND
[PROPOSED] ORDER
Judge: Hon. Eumi K. Lee
Plaintiff Darius Davis (“Plaintiff”) and Defendants Amazon.com, Inc.,
Amazon.com Services LLC, and Amazon Logistics, Inc. (collectively, “Defendants,” and
together with Plaintiff, the “Parties”), by and through their respective counsel of record,
and without waiving any rights, claims, or defenses they have in this action or any related
action, hereby stipulate as follows pursuant to Civil Local Rule 7-1(a) and Civil Local
Rule 7-12, and respectfully request that the Court enter the following Order:
Case 5:26-cv-09948-EKL Document 19 Filed 10/08/26 Page 1 of 8

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STIPULATION RE 1404(A) TRANSFER — CASE NO. 5:26-cv-09948-EKL
WHEREAS, Plaintiff filed the Complaint in this action on September 7, 2026
(Dkt. 1);
WHEREAS, Defendants have identified two earlier-filed actions in the U.S.
District Court for the District of New Jersey that raise factual and legal allegations similar
to Plaintiff’s allegations against Defendants, Attorney General of the State of New Jersey
v. Amazon.com, Inc., et al., Case No. 2:26-cv-09814 (D.N.J.), and Anderson, et al. v.
Amazon.com, Inc., et al., Case No. 2:26-cv-09977 (D.N.J.), Julien X. Neals, United States
District Judge, presiding over both;
WHEREAS, the Parties have met and conferred regarding Defendants’ position
that the claims asserted against them should be transferred to the U.S. District Court for
the District of New Jersey under 28 U.S.C. § 1404(a);
WHEREAS, on October 2, 2026, the Parties filed a Stipulation Extending
Defendants’ Time to Respond to the Complaint (Dkt. 16), which governs Defendants’
deadline to answer or otherwise respond to the Complaint;
WHEREAS, pursuant to 28 U.S.C. § 1404(a), a District Court may transfer a civil
action to any other district where it might have been brought, or to which all parties have
consented, for the convenience of parties and witnesses and in the interest of justice;
WHEREAS, the Parties agree that this action could have been brought in the
United States District Court for the District of New Jersey, and that venue is proper in
that district, provided that Defendants reserve all defenses, objections, and rights,
including but not limited to all arguments that the federal courts lack jurisdiction over this
dispute and all rights to move to compel arbitration and to stay proceedings pending
arbitration;
WHEREAS, the Parties further agree that transfer of this action to the United
States District Court for the District of New Jersey would promote the efficient
administration of justice;
WHEREAS, the Parties therefore jointly seek transfer of this action to the United
States District Court for the District of New Jersey pursuant to 28 U.S.C. § 1404(a);
Case 5:26-cv-09948-EKL Document 19 Filed 10/08/26 Page 2 of 8

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STIPULATION RE 1404(A) TRANSFER — CASE NO. 5:26-cv-09948-EKL
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and
between the Parties, through their respective counsel of record and subject to the Court’s
approval, as follows:
1. This action shall be transferred from the United States District Court for
the Northern District of California to the United States District Court for the District of
New Jersey pursuant to 28 U.S.C. § 1404(a). The Parties respectfully request that the
Court enter the proposed order set forth below.
2. Defendants’ time to answer or otherwise respond to the Complaint
remains governed by the Parties’ Stipulation Extending Defendants’ Time to Respond to
the Complaint (Dkt. 16), as supplemented by this paragraph. If the transferee court does
not set a deadline for Defendants to answer or otherwise respond to the Complaint,
Defendants shall answer or otherwise respond within sixty (60) days after this action is
docketed in the District of New Jersey, unless that court orders otherwise. Except as
supplemented by this paragraph, the Stipulation at Dkt. 16 is not modified, superseded, or
vacated by this Stipulation or by the accompanying Order, and remains in full force and
effect.
Case 5:26-cv-09948-EKL Document 19 Filed 10/08/26 Page 3 of 8

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STIPULATION RE 1404(A) TRANSFER — CASE NO. 5:26-cv-09948-EKL
3. This Stipulation is entered into without waiver of any party’s claims,
defenses, objections, or rights, all of which are expressly preserved. Without limiting the
foregoing, Defendants expressly preserve all defenses and objections available under
Federal Rule of Civil Procedure 12(b), including but not limited to all objections to the
jurisdiction of the federal courts over this dispute, all arguments that Plaintiff’s claims are
preempted by the National Labor Relations Act, all rights to compel arbitration or to seek
a stay of proceedings, and all arguments that the Complaint fails to state a claim.
Defendants’ agreement that this action could have been brought in, and their consent to
transfer to, the District of New Jersey is for purposes of 28 U.S.C. § 1404(a) only, and is
not a concession as to the jurisdiction of any court over this dispute, the merits of any
claim or defense, the propriety of class certification, or the propriety of consolidation or
coordination with any other action. Plaintiff preserves all rights to oppose any motion
Defendants may file, the ability to amend his complaint as of right, the right to seek to
consolidate his complaint with any other action, the right to voluntarily dismiss his action
and to seek to join another action, and any other right given to him under the Federal
Rules.
IT IS SO STIPULATED.
Dated: October 8, 2026
SCHNEIDER WALLACE COTTRELL KIM LLP
By: /s/ Matthew S. Weiler
Todd M. Schneider (SBN 158253)
Matthew S. Weiler (SBN 236052)
Raymond S. Levine (SBN 348030)
Braden R. Leach (SBN 348871)
Attorneys for Plaintiff Darius Davis and the Proposed Class
Case 5:26-cv-09948-EKL Document 19 Filed 10/08/26 Page 4 of 8

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STIPULATION RE 1404(A) TRANSFER — CASE NO. 5:26-cv-09948-EKL
Dated: October 8, 2026
GIBSON, DUNN & CRUTCHER LLP
By: /s/ Michael J. Perry
William Savitt (PHV forthcoming)
Anitha Reddy (PHV forthcoming)
GIBSON, DUNN & CRUTCHER LLP
200 Park Avenue
New York, NY 10166-0193
(212) 351-4000
Michael J. Perry (SBN 255411)
GIBSON, DUNN & CRUTCHER LLP
1700 M Street, N.W.
Washington, D.C. 20036-4504
(202) 955-8500
Matthew C. Parrott (SBN 302731)
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive, Suite 1200
Irvine, CA 92612-4412
(949) 451-3800
SEYFARTH SHAW LLP
Brian Stolzenbach (PHV forthcoming)
SEYFARTH SHAW LLP
233 S. Wacker Drive, Suite 8000
Chicago, IL 60606
(312) 460-5500
Attorneys for Defendants Amazon.com, Inc., Amazon.com Services LLC, and Amazon
Logistics, Inc.
FILER’S ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from each of the other signatories.
/s/ Matthew S. Weiler
Matthew S. Weiler
Case 5:26-cv-09948-EKL Document 19 Filed 10/08/26 Page 5 of 8

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STIPULATION RE 1404(A) TRANSFER — CASE NO. 5:26-cv-09948-EKL
CERTIFICATION REGARDING GENERATIVE AI
Pursuant to Section VIII.H of the Standing Order for Civil Cases Before Judge
Eumi K. Lee, I, Matthew S. Weiler, lead counsel for Plaintiff, certify that I have
personally verified the accuracy of all content in this submission, including any content
generated with the assistance of generative artificial intelligence tools.
/s/ Matthew S. Weiler
Matthew S. Weiler
Case 5:26-cv-09948-EKL Document 19 Filed 10/08/26 Page 6 of 8

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STIPULATION RE 1404(A) TRANSFER — CASE NO. 5:26-cv-09948-EKL
[PROPOSED] ORDER
Pursuant to the Parties’ Joint Stipulation, and for good cause shown, IT IS
HEREBY ORDERED that:
1. The Court finds that transfer of venue from the Northern District of
California to the U.S. District Court for the District of New Jersey, where the related
actions Attorney General of the State of New Jersey v. Amazon.com, Inc., et al., Case No.
2:26-cv-09814 (D.N.J.), and Anderson, et al. v. Amazon.com, Inc., et al., Case No. 2:26-
cv-09977 (D.N.J.), are pending, will further the interests of justice.
2. The Parties’ Joint Stipulation to transfer the venue of this action to the
U.S. District Court for the District of New Jersey is therefore APPROVED.
3. This action is TRANSFERRED to the U.S. District Court for the District
of New Jersey pursuant to 28 U.S.C. § 1404(a).
4. All deadlines previously set in connection with this action, including the
deadlines set in the Initial Case Management Scheduling Order (Dkt. 5) and the Clerk’s
Notice Resetting Case Management Deadlines (Dkt. 9), among them the December 23,
2026 deadline for the joint case management statement and the January 6, 2027 initial
case management conference, are hereby VACATED. Except as supplemented by
paragraph 2 of the Parties’ Joint Stipulation, which supplies a deadline for Defendants to
answer or otherwise respond to the Complaint in the event the transferee court does not
set one, this Order does not modify, supersede, or vacate the Parties’ Stipulation
Extending Defendants’ Time to Respond to the Complaint (Dkt. 16), which otherwise
remains in full force and effect.
Case 5:26-cv-09948-EKL Document 19 Filed 10/08/26 Page 7 of 8

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STIPULATION RE 1404(A) TRANSFER — CASE NO. 5:26-cv-09948-EKL
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: October ___, 2026 ________________________
HON. EUMI K. LEE
United States District Judge
5. The Clerk of Court is directed to take all actions necessary to effectuate
the transfer of this case to the U.S. District Court for the District of New Jersey.
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Case 5:26-cv-09948-EKL Document 19 Filed 10/08/26 Page 8 of 8