Case: Waithaka v. Amazon.com Inc

2:19-cv-01320 | U.S. District Court for the District of Massachusetts

Filed Date: Aug. 22, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns Amazon Flex drivers: whether Amazon properly classifies them as independent contractors and whether their disputes with Amazon are subject to mandatory arbitration. Background Amazon Flex drivers use their personal vehicles to deliver products from Amazon facilities to end customers. Flex drivers use an app to claim delivery “blocks” (essentially, shifts); Amazon pays drivers a flat fee for delivering all of the packages assigned for that “block”—regardless of how long it act…

This case concerns Amazon Flex drivers: whether Amazon properly classifies them as independent contractors and whether their disputes with Amazon are subject to mandatory arbitration.

Background

Amazon Flex drivers use their personal vehicles to deliver products from Amazon facilities to end customers. Flex drivers use an app to claim delivery “blocks” (essentially, shifts); Amazon pays drivers a flat fee for delivering all of the packages assigned for that “block”—regardless of how long it actually takes drivers to deliver all of the packages. Because Amazon classifies Flex drivers as independent contractors, Flex drivers are responsible for their own vehicle expenses, fuel, maintenance, and insurance.

The Case

On August 28, 2017, an Amazon Fled delivery driver sued Amazon.com, Inc. and Amazon Logistics Inc. (collectively, “Amazon”) in Massachusetts state trial court. Waithaka alleged (a) that Amazon misclassified Flex drivers as independent contractors in violation of the Massachusetts Independent Contractor Law, (b) that Amazon required Flex drivers to bear their own business expenses in violation of the Massachusetts Wage Act, and (c) that Amazon violated the Massachusetts minimum wage law by failing to ensure Flex drivers were paid at least minimum wage. The gist of Waithaka’s claims was that Amazon has nearly complete control over Flex drivers, and therefore—under Massachusetts law—should have classified Flex drivers as Amazon employees, which would have entitled Flex drivers to benefits and protections like expense reimbursement and guaranteed minimum wage (because a driver is paid a flat fee for delivery “blocks” that may take many hours to complete).

The plaintiff filed suit on behalf of himself and on behalf of all individuals who worked as Amazon Flex drivers in Massachusetts at any time since August 23, 2014. The plaintiff sought an injunction “ordering Amazon to cease its unlawful practices,” statutory damages, compensatory damages, and attorneys’ fees.

Amazon eventually (on September 7, 2018) removed this case to the U.S. District Court for the District of Massachusetts, pursuant to the Class Action Fairness Act of 2005. The case was assigned to District Judge Timothy S. Hillman. Amazon proceeded to file a motion to compel arbitration or, in the alternative, transfer venue to the state of Washington. In support of its motion, Amazon cited the terms and conditions the plaintiff agreed to—which contain an arbitration agreement. 

On August 20, 2019, the district court held that (1) Massachusetts law precluded application of the arbitration agreement, and (2) Amazon Flex drivers were exempt from the Federal Arbitration Act (a federal law mandating the enforcement of arbitration agreements) (“FAA”) because Flex drivers fell under the FAA’s transportation worker exception. The transportation worker exception exempts “any . . . class of worker[] engaged in . . . interstate commerce” from the FAA’s requirements. Because Flex drivers deliver products that travel interstate, the court reasoned, Flex drivers are engaged in interstate commerce—and thus exempt from the FAA.

However, the district court did transfer the case to the U.S. District Court for the Western District of Washington under the “first-to-file” rule, because a substantially similar lawsuit (Rittman v. Amazon.com, Inc.) had already been filed in Washington. Amazon appealed Judge Hillman’s arbitration ruling to the First Circuit, but the First Circuit affirmed that Flex drivers were subject to the FAA’s transportation worker exception. Waithaka v. Amazon.com, Inc., 966 F.3d 10 (1st Cir. 2020).

District Judge Ricardo S. Martinez took over the case in Washington. Judge Martinez stayed the case multiple times, while appeals were pending in similar cases. On February 24, 2023, the case was reassigned to District Judge John C. Coughenour. Judge Coughenour lifted a pending stay in the case on May 14, 2024, at which point the plaintiff filed a motion requesting class certification. Amazon opposed class certification and also contested the validity of Waithaka’s Massachusetts Wage Act claim.

Judge Coughenour considered the issues and, on December 31, 2025, denied class certification and dismissed the plaintiff's Wage Act claim. With respect to class certification, the court found that that the proposed class didn’t meet Fed. R. Civ. P. 23’s commonality, predominance, and superiority requirements; because Flex drivers are permitted to make deliveries at any time within a wide delivery window, the court reasoned that significant differences would exist among their individual claims. With respect to the Wage Act Claim, the court held that the business expenses the plaintiff claimed he was entitled did not constitute “wages” under the Wage Act.

Waithaka requested permission from the Ninth Circuit to appeal the district court’s order regarding class certification, but, on February 27, 2025, the Ninth Circuit denied permission. The plaintiff also filed a motion in district court regarding his (dismissed) Wage Act claim, requesting the district court to either to certify a question of law to the Massachusetts Supreme Court or to certify an order for interlocutory appeal. On March 6, 2025, the district court denied the plaintiff motion in its entirety. 2025 WL 723679.

As of April 19, 2025, this litigation is ongoing, with the plaintiff as the sole plaintiff.

Summary Authors

Gordon Pignato (4/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16094211/parties/waithaka-v-amazoncom-inc/


Judge(s)
Attorney for Plaintiff

Abay, Jeremy (Washington)

Attorney for Defendant

AT, Ms. Megan

AT, Mr. Dhananjay

Attorney, Mr. John

Expert/Monitor/Master/Other

Adams, Elizabeth A.

Documents in the Clearinghouse

Documents in this case
26

2:19-cv-01320

Order and Memorandum on Plaintiff's Motion to Remand (Docket No. 13)

March 5, 2019

March 5, 2019

Order/Opinion

363 F.Supp.3d 210

59

2:19-cv-01320

Order and Memorandum on Defendants' Motion to Compel Arbitration or, in the Alternative, to Transfer or Stay

Aug. 20, 2019

Aug. 20, 2019

Order/Opinion

2019 WL 11637268

00117616362

19-01848

[Untitled]

U.S. Court of Appeals for the First Circuit

July 17, 2020

July 17, 2020

Order/Opinion

966 F.3d 10

186

2:19-cv-01320

Order

U.S. District Court for the Western District of Washington

Dec. 31, 2024

Dec. 31, 2024

Order/Opinion

2024 WL 4494667

197

2:19-cv-01320

Order

U.S. District Court for the Western District of Washington

March 6, 2025

March 6, 2025

Order/Opinion

2025 WL 723679

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16094211/waithaka-v-amazoncom-inc/

Last updated April 10, 2026, 4:50 a.m.

ECF Number Date Description Link
1 Sept. 7, 2018

NOTICE OF REMOVAL by Amazon Logistics, Inc., Amazon.com, Inc. ( Filing fee: $ 400, receipt number 0101-7309929 Fee Status: Filing Fee paid) (Attachments: # 1 Exhibit A (COMPLAINT), # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Category Form, # 5 State Court Notice)(Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] Modified on 10/26/2020 to identify Complaint as 1-1 (PM). (Entered: 09/07/2018)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Civil Cover Sheet

View on PACER

4 Category Form

View on PACER

5 State Court Notice

View on PACER

RECAP
2 Sept. 7, 2018

DECLARATION re 1 Notice of Removal, of Peter Nickerson by Amazon Logistics, Inc., Amazon.com, Inc.. (Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 09/07/2018)

RECAP
3 Sept. 7, 2018

DECLARATION re 1 Notice of Removal, of Kyle Bowers by Amazon Logistics, Inc., Amazon.com, Inc.. (Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 09/07/2018)

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4 Sept. 7, 2018

DECLARATION re 1 Notice of Removal, of Elizabeth Bresnahan by Amazon Logistics, Inc., Amazon.com, Inc.. (Attachments: # 1 Exhibit 1)(Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 09/07/2018)

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5 Sept. 10, 2018

Certified Copy of Notice of Removal Provided to Defense Counsel by mail. (Jones, Sherry) [Transferred from mad on 8/21/2019.] (Entered: 09/10/2018)

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6 Sept. 10, 2018

NOTICE of Case Assignment. Magistrate Judge David H. Hennessy assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Jones, Sherry) [Transferred from mad on 8/21/2019.] (Entered: 09/10/2018)

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7 Sept. 10, 2018

ELECTRONIC NOTICE of Case Re-Assignment. District Judge Timothy S. Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Finn, Mary) [Transferred from mad on 8/21/2019.] (Entered: 09/10/2018)

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8 Sept. 11, 2018

CORPORATE DISCLOSURE STATEMENT by Amazon Logistics, Inc., Amazon.com, Inc.. (Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 09/11/2018)

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9 Sept. 11, 2018

NOTICE of Appearance by Douglas T. Schwarz on behalf of Amazon Logistics, Inc., Amazon.com, Inc. (Schwarz, Douglas) [Transferred from mad on 8/21/2019.] (Entered: 09/11/2018)

RECAP
10 Sept. 13, 2018

Assented to MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by Amazon Logistics, Inc., Amazon.com, Inc..(Schwarz, Douglas) Modified on 9/14/2018 (Burgos, Sandra). [Transferred from mad on 8/21/2019.] (Entered: 09/13/2018)

RECAP
11 Sept. 26, 2018

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 10 Motion for Extension of Time to Answer. (Castles, Martin) [Transferred from mad on 8/21/2019.] (Entered: 09/26/2018)

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12 Oct. 2, 2018

STATE COURT Record. (Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 10/02/2018)

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13 Oct. 5, 2018

MOTION to Remand by Bernard Waithaka. (Attachments: # 1 Exhibit A)(Liss-Riordan, Shannon) [Transferred from mad on 8/21/2019.] (Entered: 10/05/2018)

RECAP
14 Oct. 15, 2018

Assented to MOTION for Extension of Time to November 2, 2018 to Defendants to respond to Plaintiff's Motion to Remand (Dkt. 13) and for leave for Plaintiff to file a reply by November 16, 2018 by Amazon Logistics, Inc., Amazon.com, Inc..(Bresnahan, Elizabeth) Modified on 10/17/2018 (Castles, Martin). [Transferred from mad on 8/21/2019.] (Entered: 10/15/2018)

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15 Oct. 17, 2018

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 14 Motion for Extension of Time to File Response/Reply re 13 MOTION to Remand . Response due by 11/2/2018, Reply due by 11/16/2018. (Castles, Martin) [Transferred from mad on 8/21/2019.] (Entered: 10/17/2018)

RECAP
16 Nov. 2, 2018

NOTICE of Appearance by Noah J. Kaufman on behalf of Amazon Logistics, Inc., Amazon.com, Inc. (Kaufman, Noah) [Transferred from mad on 8/21/2019.] (Entered: 11/02/2018)

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17 Nov. 2, 2018

MEMORANDUM in Opposition re 13 MOTION to Remand filed by Amazon Logistics, Inc., Amazon.com, Inc.. (Kaufman, Noah) [Transferred from mad on 8/21/2019.] (Entered: 11/02/2018)

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18 Nov. 14, 2018

Assented to MOTION for Extension of Time to 11/30/2018 to File Response/Reply by Bernard Waithaka.(Liss-Riordan, Shannon) [Transferred from mad on 8/21/2019.] (Entered: 11/14/2018)

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19 Nov. 15, 2018

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 18 Motion for Extension of Time to File Reply re 13 MOTION to Remand . Reply due by 11/30/2018. (Castles, Martin) [Transferred from mad on 8/21/2019.] (Entered: 11/15/2018)

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20 Nov. 30, 2018

REPLY to Response to 13 MOTION to Remand filed by Bernard Waithaka. (Liss-Riordan, Shannon) [Transferred from mad on 8/21/2019.] (Entered: 11/30/2018)

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21 Dec. 11, 2018

MOTION for Leave to File a Sur-Reply In Opposition to Plaintiff's Motion to Remand by Amazon Logistics, Inc., Amazon.com, Inc.. (Attachments: # 1 Defendants' Proposed Sur-Reply In Opposition to Plaintiff's Motion to Remand)(Kaufman, Noah) [Transferred from mad on 8/21/2019.] (Entered: 12/11/2018)

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22 Jan. 8, 2019

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 21 Motion for Leave to File Sur-Reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) [Transferred from mad on 8/21/2019.] (Entered: 01/08/2019)

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23 Jan. 8, 2019

SUR-REPLY to Motion re 13 MOTION to Remand filed by Amazon Logistics, Inc., Amazon.com, Inc.. (Kaufman, Noah) [Transferred from mad on 8/21/2019.] (Entered: 01/08/2019)

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24 Jan. 9, 2019

ELECTRONIC NOTICE Setting Hearing on Motion 13 MOTION to Remand : Motion Hearing set for 2/22/2019 at 2:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) [Transferred from mad on 8/21/2019.] (Entered: 01/09/2019)

RECAP
25 Feb. 22, 2019

Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 2/22/2019 re 13 MOTION to Remand filed by Bernard Waithaka; said motion argued; Court took the motion UNDER ADVISEMENT. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Kaufman, Lis-Riordan, and Schwartz) (Lovett, Jarrett) [Transferred from mad on 8/21/2019.] (Entered: 02/22/2019)

RECAP
26 March 5, 2019

District Judge Timothy S. Hillman: ORDER AND MEMORANDUM entered denying 13 Motion to Remand. (Castles, Martin) [Transferred from mad on 8/21/2019.]

Clearinghouse
27 March 12, 2019

Assented to MOTION for Extension of Time to April 2, 2019 to Answer, Move, or Otherwise Respond to Plaintiff's Complaint by Amazon Logistics, Inc., Amazon.com, Inc..(Kaufman, Noah) Modified on 3/12/2019 (Castles, Martin). [Transferred from mad on 8/21/2019.] (Entered: 03/12/2019)

RECAP
28 March 12, 2019

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 27 Motion for Extension of Time to Answer. Amazon Logistics, Inc. answer due 4/2/2019; Amazon.com, Inc. answer due 4/2/2019. (Castles, Martin) [Transferred from mad on 8/21/2019.] (Entered: 03/12/2019)

RECAP
29 April 2, 2019

MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay by Amazon Logistics, Inc., Amazon.com, Inc..(Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 04/02/2019)

RECAP
30 April 2, 2019

MEMORANDUM in Support re 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay filed by Amazon Logistics, Inc., Amazon.com, Inc.. (Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 04/02/2019)

RECAP
31 April 2, 2019

DECLARATION re 30 Memorandum in Support of Motion, 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay by Amazon Logistics, Inc., Amazon.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 04/02/2019)

RECAP
32 April 2, 2019

DECLARATION re 30 Memorandum in Support of Motion, 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay of Peter Nickerson by Amazon Logistics, Inc., Amazon.com, Inc.. (Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 04/02/2019)

RECAP
33 April 16, 2019

MEMORANDUM in Opposition re 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay filed by Bernard Waithaka. (Pagano, Adelaide) [Transferred from mad on 8/21/2019.] (Entered: 04/16/2019)

RECAP
34 April 16, 2019

AFFIDAVIT in Support re 33 Memorandum in Opposition to Motion . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Pagano, Adelaide) [Transferred from mad on 8/21/2019.] (Entered: 04/16/2019)

RECAP
35 April 23, 2019

Notice of Supplemental Authorities re 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay (Attachments: # 1 Exhibit A)(Pagano, Adelaide) [Transferred from mad on 8/21/2019.] (Entered: 04/23/2019)

RECAP
36 April 25, 2019

MOTION for Leave to File a Reply in Further Support of Motion to Compel Arbitration or, in the Alternative, to Transfer by Amazon Logistics, Inc., Amazon.com, Inc.. (Attachments: # 1 Exhibit A (Proposed Reply))(Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 04/25/2019)

RECAP
37 April 25, 2019

DECLARATION re 36 MOTION for Leave to File a Reply in Further Support of Motion to Compel Arbitration or, in the Alternative, to Transfer of James P. Walsh, Jr. by Amazon Logistics, Inc., Amazon.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 04/25/2019)

RECAP
38 April 26, 2019

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael E. Kenneally Filing fee: $ 100, receipt number 0101-7657350 by Amazon Logistics, Inc., Amazon.com, Inc.. (Attachments: # 1 Certification of Michael E. Kenneally)(Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 04/26/2019)

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39 April 26, 2019

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Richard G. Rosenblatt Filing fee: $ 100, receipt number 0101-7657364 by Amazon Logistics, Inc., Amazon.com, Inc.. (Attachments: # 1 Certification of Richard G. Rosenblatt)(Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 04/26/2019)

RECAP
40 May 1, 2019

MOTION for Leave to File Sur-Reply in Further Opposition to Defendant's Motion to Compel Arbitration by Bernard Waithaka. (Attachments: # 1 Proposed Sur-Reply)(Pagano, Adelaide) [Transferred from mad on 8/21/2019.] (Entered: 05/01/2019)

RECAP
41 May 1, 2019

NOTICE of Appearance by Mary Grace Patterson on behalf of Amazon Logistics, Inc., Amazon.com, Inc. (Patterson, Mary) [Transferred from mad on 8/21/2019.] (Entered: 05/01/2019)

RECAP
42 May 8, 2019

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 40 Motion for Leave to File reply. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) [Transferred from mad on 8/21/2019.] (Entered: 05/08/2019)

RECAP
43 May 8, 2019

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 36 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Jones, Sherry) [Transferred from mad on 8/21/2019.] (Entered: 05/08/2019)

RECAP
44 May 8, 2019

REPLY to Response to 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay filed by Amazon Logistics, Inc., Amazon.com, Inc.. (Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 05/08/2019)

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45 May 8, 2019

DECLARATION re 44 Reply to Response to Motion by James P. Walsh, Jr. by Amazon Logistics, Inc., Amazon.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bresnahan, Elizabeth) [Transferred from mad on 8/21/2019.] (Entered: 05/08/2019)

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46 May 8, 2019

SUR-REPLY to Motion re 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay filed by Bernard Waithaka. (Pagano, Adelaide) [Transferred from mad on 8/21/2019.] (Entered: 05/08/2019)

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47 May 9, 2019

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 38 Motion for Leave to Appear Pro Hac Vice Added Michael E. Kenneally. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Burgos, Sandra) [Transferred from mad on 8/21/2019.] (Entered: 05/09/2019)

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48 May 9, 2019

District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting 39 Motion for Leave to Appear Pro Hac Vice Added Richard G. Rosenblatt. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Burgos, Sandra) [Transferred from mad on 8/21/2019.] (Entered: 05/09/2019)

RECAP
49 May 21, 2019

ELECTRONIC NOTICE Setting Hearing on Motion 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay : Motion Hearing set for 6/18/2019 at 10:00 AM in Courtroom 2 before District Judge Timothy S. Hillman. (Castles, Martin) [Transferred from mad on 8/21/2019.] (Entered: 05/21/2019)

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50 June 17, 2019

CORRECTED ELECTRONIC NOTICE setting Hearing on Motion 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay : Motion Hearing set for 6/18/2019 at 10:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Notice corrects assignment to Courtroom 2- Worcester) (Castles, Martin) [Transferred from mad on 8/21/2019.] (Entered: 06/17/2019)

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51 June 18, 2019

Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 6/18/2019 re 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay filed by Amazon.com, Inc., Amazon Logistics, Inc., Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement 29 Motion to Compel. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Pagano/Kenneally,Rosenblatt,Kaufman) (Castles, Martin) [Transferred from mad on 8/21/2019.] (Entered: 06/18/2019)

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52 June 19, 2019

Letter/request (non-motion) from Michael E. Kenneally on behalf of Defendants Amazon.com, Inc. and Amazon Logistics, Inc. . (Kenneally, Michael) [Transferred from mad on 8/21/2019.] (Entered: 06/19/2019)

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53 June 24, 2019

Notice of Supplemental Authorities re 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay filed by Amazon Logistics, Inc., Amazon.com, Inc.. (Attachments: # 1 Exhibit Order dated June 21, 2019 (Champion v. Amazon.com LLC, et al.), # 2 Exhibit Courthouse News Article, # 3 Exhibit Law360 Article)(Kaufman, Noah) [Transferred from mad on 8/21/2019.] (Entered: 06/24/2019)

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54 June 25, 2019

Transcript of Motion Hearing held on June 18, 2019, before Judge Timothy S. Hillman. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marianne Kusa-Ryll at justicehill@aol.com Redaction Request due 7/16/2019. Redacted Transcript Deadline set for 7/26/2019. Release of Transcript Restriction set for 9/23/2019. (Scalfani, Deborah) [Transferred from mad on 8/21/2019.] (Entered: 06/25/2019)

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55 June 25, 2019

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) [Transferred from mad on 8/21/2019.] (Entered: 06/25/2019)

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56 July 8, 2019

Notice of Supplemental Authorities re 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay filed by Amazon Logistics, Inc., Amazon.com, Inc.. (Attachments: # 1 Exhibit Hearing Transcript - Champion v. Amazon.com, LLC)(Kaufman, Noah) [Transferred from mad on 8/21/2019.] (Entered: 07/08/2019)

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57 Aug. 16, 2019

Notice of Supplemental Authorities re 29 MOTION to Compel Arbitration or, in the Alternative, to Transfer or Stay (Attachments: # 1 Exhibit A: US Pack Order)(Pagano, Adelaide) [Transferred from mad on 8/21/2019.] (Entered: 08/16/2019)

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58 Aug. 20, 2019

Response by Amazon Logistics, Inc., Amazon.com, Inc. to 57 Notice of Supplemental Authorities . (Kaufman, Noah) [Transferred from mad on 8/21/2019.] (Entered: 08/20/2019)

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59 Aug. 20, 2019

District Judge Timothy S. Hillman: ORDER AND MEMORANDUM entered granting in part and denying in part 29 Motion to Compel arbitration or, in the alternative, to transfer or stay this litigation. Pursuant to the first-to-file rule, I find that transfer to the Western District of Washington is warranted. (Castles, Martin) [Transferred from mad on 8/21/2019.]

Clearinghouse
60 Aug. 20, 2019

Case electronically transferred via cm/ecf to The Western District of Washington. (Castles, Martin) Modified on 8/20/2019 (Jones, Sherry). [Transferred from mad on 8/21/2019.] (Entered: 08/20/2019)

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61 Aug. 21, 2019

Case transferred in from District of Massachusetts, Case Number 4:18-cv-40150. (Entered: 08/21/2019)

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62 Aug. 21, 2019

LETTER from Clerk to counsel re receipt of case from District of Massachusetts and advising of WAWD case number and judge assignment. (SNP) (Entered: 08/21/2019)

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Aug. 21, 2019

Add and Terminate Judges

Aug. 21, 2019

Judge Ricardo S. Martinez added. (SNP)

63 Aug. 22, 2019

NOTICE of Appearance by attorney Ryan Drew Redekopp on behalf of Defendants Amazon Logistics Inc, Amazon.com Inc. (Redekopp, Ryan) (Entered: 08/22/2019)

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64 Aug. 28, 2019

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge Ricardo S. Martinez. Joint Status Report due by 10/9/2019, FRCP 26f Conference Deadline is 9/25/2019, Initial Disclosure Deadline is 10/2/2019. (LC) (Entered: 08/28/2019)

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65 Sept. 4, 2019

NOTICE of Appearance by attorney Michael C Subit on behalf of Plaintiff Bernard Waithaka. (Subit, Michael) (Entered: 09/04/2019)

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66 Sept. 5, 2019

STIPULATION AND PROPOSED ORDER Re: Extension of Time for Defendants to Answer or Otherwise Respond to Complaint by parties (Subit, Michael) (Entered: 09/05/2019)

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67 Sept. 5, 2019

APPLICATION OF ATTORNEY Adelaide Pagano FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Bernard Waithaka (Fee Paid) Receipt No. 0981-5913841 (Subit, Michael) (Entered: 09/05/2019)

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68 Sept. 5, 2019

APPLICATION OF ATTORNEY Shannon Liss-Riordan FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Bernard Waithaka (Fee Paid) Receipt No. 0981-5913938 (Subit, Michael) (Entered: 09/05/2019)

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69 Sept. 5, 2019

ORDER re 67 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Adelaide Pagano for Plaintiff Bernard Waithaka by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/05/2019)

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70 Sept. 5, 2019

ORDER re 68 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Shannon Liss-Riordan for Plaintiff Bernard Waithaka by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/05/2019)

RECAP
Sept. 5, 2019

Order on Application for Leave to Appear Pro Hac Vice

71 Sept. 9, 2019

STIPULATION AND ORDER extending time for Defendants to answer or otherwise respond to Plaintiff's Complaint from 9/3/2019 to 10/3/2019 per parties' 66 Stipulation. Signed by Judge Ricardo S. Martinez. (PM)

RECAP
72 Sept. 23, 2019

STIPULATION AND PROPOSED ORDER Re: Stay Pending Resolution of Appeal by parties (Redekopp, Ryan) (Entered: 09/23/2019)

RECAP
73 Sept. 25, 2019

STIPULATION AND ORDER staying case 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) re: parties' 72 Stipulation. Signed by Judge Ricardo S. Martinez. (PM)

RECAP
74 Oct. 2, 2019

APPLICATION OF ATTORNEY John S. Battenfeld FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Amazon Logistics Inc, Amazon.com Inc (Fee Paid) Receipt No. 0981-5949741 (Redekopp, Ryan) (Entered: 10/02/2019)

RECAP
75 Oct. 2, 2019

APPLICATION OF ATTORNEY Jason D. Burns FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Amazon Logistics Inc, Amazon.com Inc (Fee Paid) Receipt No. 0981-5949749 (Redekopp, Ryan) (Entered: 10/02/2019)

RECAP
76 Oct. 2, 2019

APPLICATION OF ATTORNEY Meredith E. Riccio FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Amazon Logistics Inc, Amazon.com Inc (Fee Paid) Receipt No. 0981-5949754 (Redekopp, Ryan) (Entered: 10/02/2019)

RECAP
77 Oct. 2, 2019

APPLICATION OF ATTORNEY Richard G. Rosenblatt FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Amazon Logistics Inc, Amazon.com Inc (Fee Paid) Receipt No. 0981-5949760 (Redekopp, Ryan) (Entered: 10/02/2019)

RECAP
78 Oct. 2, 2019

APPLICATION OF ATTORNEY James P. Walsh, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Amazon Logistics Inc, Amazon.com Inc (Fee Paid) Receipt No. 0981-5949764 (Redekopp, Ryan) (Entered: 10/02/2019)

RECAP
79 Oct. 2, 2019

ORDER re 74 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John S Battenfield for Defendants Amazon Logistics Inc and Amazon.com Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/02/2019)

RECAP
80 Oct. 2, 2019

ORDER re 75 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jason D Burns for Defendants Amazon Logistics Inc and Amazon.com Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/02/2019)

RECAP
81 Oct. 2, 2019

ORDER re 76 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Meredith Riccio for defendants Amazon Logistics Inc and Amazon.com Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/02/2019)

RECAP
82 Oct. 2, 2019

ORDER re 77 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Richard G. Rosenblatt for Defendants Amazon Inc. and Amazon Logistics, Inc. by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/02/2019)

RECAP
83 Oct. 2, 2019

ORDER re 78 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James Walsh, Jr for Defendants Amazon Logistics Inc and Amazon.com Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 10/02/2019)

RECAP
Oct. 2, 2019

Order on Application for Leave to Appear Pro Hac Vice

84 Sept. 22, 2020

MOTION to Stay, filed by Defendants Amazon Logistics Inc, Amazon.com Inc. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/9/2020, (Walsh, James) (Entered: 09/22/2020)

1 Proposed Order

View on PACER

RECAP
85 Sept. 23, 2020

STIPULATION AND PROPOSED ORDER RE: EXTENSION OF TIME FOR DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by parties (Walsh, James) (Entered: 09/23/2020)

RECAP
86 Sept. 24, 2020

STIPULATION AND ORDER re Parties' 85 Stipulation to Respond. Defendants' time to answer or otherwise respond to Plaintiff's Complaint shall be extended to the date that is fourteen (14) days after Defendants file their Reply in support of their Motion to Extend Stay (Dkt. 84 ). Signed by Judge Ricardo S. Martinez. (LH) (Entered: 09/24/2020)

RECAP
87 Oct. 7, 2020

RESPONSE, by Plaintiff Bernard Waithaka, to 84 MOTION to Stay . Oral Argument Requested. (Liss-Riordan, Shannon) (Entered: 10/07/2020)

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88 Oct. 9, 2020

REPLY, filed by Defendants Amazon Logistics Inc, Amazon.com Inc, TO RESPONSE to 84 MOTION to Stay (Walsh, James) (Entered: 10/09/2020)

RECAP
89 Oct. 23, 2020

ANSWER to 1 -1 (Exhibit A) Complaint; by Amazon Logistics Inc, Amazon.com Inc.(Walsh, James) Modified on 10/26/2020 to add link to complaint (PM). (Entered: 10/23/2020)

RECAP
90 Nov. 24, 2020

NOTICE of Post-Briefing Factual Developments re 84 MOTION to Stay ; filed by Defendants Amazon Logistics Inc, Amazon.com Inc. (Attachments: # 1 Exhibit A - Petition for a Writ of Certiorari, # 2 Exhibit B - Request for an Extension of Time)(Walsh, James) (Entered: 11/24/2020)

RECAP
91 Nov. 30, 2020

ORDER granting Defendants' 84 Motion to Extend Stay. This matter is stayed until the final resolution of Waithaka v. Amazon.com, Inc., etal. (1st Cir. No. 19-1848), or Rittmann v. Amazon.com, Inc., et al. (9th Cir. No. 19-35381),whichever occurs first. Defendants shall notify the Court in writing, within ten days of any disposition of its petitions for certiorari by the Supreme Court. Signed by Judge Ricardo S. Martinez. (PM)

RECAP
92 March 17, 2021

NOTICE of Order on Petition for Certiorari re 91 Order on Motion to Stay, ; filed by Defendants Amazon Logistics Inc, Amazon.com Inc. (Redekopp, Ryan) (Entered: 03/17/2021)

RECAP
93 March 18, 2021

The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge. On November 30, 2020, the Court stayed this matter pending the final resolution of Waithaka v. Amazon.com, Inc., et al. (1st Cir. No. 19-1848), or Rittmann v. Amazon.com, Inc., et al. (9th Cir. No. 19-35381), whichever occurs first. In light of Defendants' notice dated March 17, 2021 Dkt. #92, parties are directed to file a Joint Status Report no later than April 1, 2021, advising the Court of the status of this matter. (AD) (Entered: 03/18/2021)

RECAP
March 18, 2021

2 - Minute Order

94 April 1, 2021

JOINT STATUS REPORT signed by all parties. (Liss-Riordan, Shannon) (Entered: 04/01/2021)

RECAP
95 April 7, 2021

ORDER RE: 94 JOINT STATUS REPORT. The Court ORDERS that the stay in this matter is lifted, effective immediately. Signed by Judge Ricardo S. Martinez. (PM)

RECAP

Case Details

State / Territory:

Massachusetts

Case Type(s):

Labor Rights

Key Dates

Filing Date: Aug. 22, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An Amazon Flex driver, on behalf of himself and on behalf of all individuals who have worked as Amazon Flex drivers in Massachusetts at any time since August 23, 2014.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

Amazon Logistics, Inc.

Amazon.com, Inc.

Case Details

Causes of Action:

State law

Other Dockets:

Western District of Washington 2:19-cv-01320

U.S. Court of Appeals for the First Circuit 19-01848

U.S. Court of Appeals for the Ninth Circuit 25-00252

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Other

Recommended Citation