Federal Trade Commission v. Amazon.com Inc

Filing 182

ORDER Regarding Investigational Hearing Transcripts. Signed by Judge John H. Chun. (SB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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FEDERAL TRADE COMMISSION,

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Plaintiff,
v.

Case No. 2:23-cv-0932-JHC
STIPULATED ORDER REGARDING
INVESTIGATIONAL HEARING
TRANSCRIPTS

AMAZON.COM, INC., et al.
Defendants.

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1.

As used in this Order, “Subject IHs” means the transcribed investigational hearing

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testimony of the following individuals taken by the FTC in the investigation leading to this

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action (FTC File No. 2123050): Omar Kalim, Dharmesh Mehta, Sebastian Gunningham, Jeffrey

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Bezos, Andrew Jassy, Cem Sibay, Gloria Smuda, Nahshon Davidai, Sridhar Iyer, David Clark,

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Simone LaHood, Doug Herrington, Sharon Chiarella, Greg Greeley, and Katey Muus. The

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parties may add to the list of Subject IHs by written agreement of all parties.

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2.

For purposes of Federal Rule of Civil Procedure 32(a), the Subject IHs will be

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treated as “deposition[s]” at which the party against whom the testimony is being used “was

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present or represented at the taking of the deposition or had reasonable notice of it,” subject to
the uses allowed by Federal Rule of Civil Procedure 32(a)(2)-(8).
STIPULATED ORDER
REGARDING INVESTIGATIONAL
HEARING TRANSCRIPTS
Case No. 2:23-cv-0932-JHC - 1

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3.

Any objection asserted during a Subject IH will be valid to the extent such an

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objection would have been valid had it been made during a deposition. If a party did not assert

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an objection during a Subject IH that would have been valid if made during a deposition, there is

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no waiver of the objection under Federal Rule of Civil Procedure 32(a)(d)(3). The parties

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reserve all rights to assert additional objections if IH testimony is introduced as evidence in this

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litigation.

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4.

Absent agreement by the parties, the FTC may not take the deposition of a

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witness who previously provided testimony at a Subject IH. If the FTC takes the deposition of a

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witness who previously provided testimony at a Subject IH by agreement of the parties, then

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Paragraph 2 of this Order shall no longer apply to that witness’s Subject IH.

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5.

This Order shall not be read to limit the parties’ ability to use any IH testimony

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(regardless of whether it was given at a Subject IH) to the extent permitted by the Federal Rules

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of Evidence, Federal Rules of Civil Procedure, and any applicable law or to limit the parties’

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ability to object to the use of any IH testimony except as expressly provided in this Order with

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respect to the Subject IHs.

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6.

The parties reserve all rights to use or object to the use of IH testimony to the

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extent permitted by the Federal Rules of Evidence, Federal Rules of Civil Procedure, and any

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applicable law except as expressly provided in this Order with respect to the Subject IHs.

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7.

This Order shall not be read to limit the parties’ ability to use or object to the use

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of any other evidence from individuals who testified at any IH to the extent permitted by the

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Federal Rules of Evidence, Federal Rules of Civil Procedure, and any applicable law.

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8.

Nothing herein shall be read to limit the Court’s authority to modify this Order.

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STIPULATED ORDER
REGARDING INVESTIGATIONAL
HEARING TRANSCRIPTS
Case No. 2:23-cv-0932-JHC - 2

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IT IS SO ORDERED.

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Dated this 28th day of August, 2024.

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__________________________________________
JOHN H. CHUN
UNITED STATES DISTRICT JUDGE

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STIPULATED ORDER
REGARDING INVESTIGATIONAL
HEARING TRANSCRIPTS
Case No. 2:23-cv-0932-JHC - 3