International Brotherhood of Teamsters, Airline Division et al v. Alaska Air Group, Inc

Filing 67

ORDER REGARDING JOINT STATUS CONFERENCE re: production of non-privileged documents, electronically stored information and taking of deposition. Signed by Judge Marsha J. Pechman. (see order for details) (PM)

The Honorable Marsha Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, AIRLINE DIVISION,

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No. 2:17-cv-1327
and

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AIRLINE PROFESSIONAL ASSOC. OF
THE INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, LOCAL UNION NO.
1224,

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ORDER REGARDING JOINT
STATUS CONFERENCE

Plaintiffs,
v.

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ALASKA AIR GROUP, INC.
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and
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HORIZON AIR INDUSTRIES, INC.
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Defendants.

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1.

Following the Joint Status Conference held on February 1, 2018, the Court

hereby orders:
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Defendants have identified the following ten decision makers involved in

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deciding whether, when, and how Horizon Air Industries, Inc. (“Horizon”) would take delivery

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(or not) of E-175 aircraft from Embraer, S.A. and any contractual implications of doing so or of

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not doing so (“Decisions”):

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a. Dave Campbell
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b. Mark Eliasen

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c. Andrew Harrison

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d. John Kirby

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e. Chris Lewless

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f. Brandon Pederson

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g. Shane Tackett

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h. Jenn Thompson

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i. Brad Tilden

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j. David Voyles

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3.

Defendants shall produce all non-privileged documents and electronically stored

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information (“ESI”) retained by the ten individuals listed in Paragraph 2 from the time period

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of July 1, 2017 to October 31, 2017, that relate to the Decisions and, to the extent not already

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produced, all written instruments (including contracts, memoranda, and agreements)

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effectuating, facilitating, or relating to the Decisions. Defendants will use the search terms

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proposed by IBT on December 14, 2017, as well as any additional search terms Defendants

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deem appropriate, as the basis for their collection and review of documents. Defendants will

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use best efforts to review and produce documents by February 23, 2018. Defendants will

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produce a privilege log for any documents that are withheld.

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4.

Upon receipt of the documents, IBT may elect to take one deposition, and may

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choose either to take the deposition of one of the ten individuals listed in Paragraph 2 or to take

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a deposition pursuant to Fed. R. Civ. P. 30(b)(6). The parties will schedule the deposition for a

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mutually agreeable time and date, provided that the deposition shall be completed by no later

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than 21 days after the completion of Defendants’ document production.

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5.

Within 21 days of the deposition described in paragraph (4), Plaintiffs shall

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notify the Court whether they seek any further jurisdictional discovery. Unless the Court orders

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further discovery, other than the discovery identified above, the parties will not conduct any

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ORDER REGARDING JOINT STATUS CONFERENCE - 2

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additional discovery without the permission of the Court until the Court rules on Defendants’

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pending Motion To Dismiss Plaintiffs’ First Amended Complaint (Dkt. 27).

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6.

After the conclusion of the deposition, each party will file a supplemental brief

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of no more than 10-pages each regarding Defendants’ pending Motion To Dismiss Plaintiffs’

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First Amended Complaint (Dkt. 27). The parties will agree on a schedule for submitting this

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supplemental briefing and shall jointly notify the court of the agreed upon briefing schedule.

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IT IS SO ORDERED this 6th day of February, 2018.

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A

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Marsha J. Pechman
United States District Judge

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Presented by:
/s/ Mark A. Hutcheson
Mark A. Hutcheson, WSBA No. 1552
/s/ Taylor S. Ball
Taylor S. Ball, WSBA No. 46927
DAVIS WRIGHT TREMAINE LLP
1201 3rd Ave., Ste. 1700
Seattle, WA 98101-3045
206-622-3150 (phone)
206-757-7700 (fax)
[e-mail]
[e-mail]
/s/ Douglas W. Hall
Douglas W. Hall, DC Bar No. 430406*
JONES DAY
51 Louisiana Avenue, N.W.
Washington, DC 20001
202-879-5432 (phone)
202-626-1700 (fax)
[e-mail]
*Admitted Pro Hac Vice

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Attorneys for Defendants
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ORDER REGARDING JOINT STATUS CONFERENCE - 3

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/s/ Kathleen Phair Barnard
Kathleen Phair Barnard, WSBA No. 17896
Danielle Franco-Malone, WSBA No. 40979
Darin M. Dalmat, WSBA No. 51384
SCHWERIN CAMPBELL BARNARD IGLITZIN& LAVITT LLP
18 Wet Mercer Street, Suite 400
Seattle, WA 98119
206-285-2828 (phone)
206-378-4132 (fax)
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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ORDER REGARDING JOINT STATUS CONFERENCE - 4