Federal Trade Commission et al v. Amazon.com Inc
Filing
143
ORDER granting Parties' 142 Stipulated MOTION Regarding Expert Discovery. Signed by Judge John H. Chun. (SB)
THE HONORABLE JOHN H. CHUN
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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FEDERAL TRADE COMMISSION, et al.,
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Plaintiffs,
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v.
AMAZON.COM, INC., a corporation,
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CASE NO. 2:23-cv-01495-JHC
STIPULATED MOTION AND
ORDER REGARDING EXPERT
DISCOVERY
NOTE ON MOTION CALENDAR:
January 29, 2024
Defendant.
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Pursuant to Fed. R. Civ. P. 29, the parties hereto, through their respective counsel of
record, hereby stipulate to the following regarding the scope of expert discovery and testimony
in this action.
1.
Definitions
1.1
“Action” means the action filed in this Court under the caption Federal Trade
Commission, et al., v. Amazon.com, Inc., 2:23-cv-01495-JHC, including any related discovery,
pretrial, trial, post-trial, or appellate proceedings.
1.2
“Communication,” “Communications,” or “Communicated” means any actual or
attempted dissemination, disclosure, transmission, transfer or exchange of information, opinions,
STIPULATION AND ORDER
REGARDING EXPERT DISCOVERY - 1
CASE NO. 2:23-cv-01495-JHC
FEDERAL TRADE COMMISSION
600 Pennsylvania Avenue, NW
Washington, DC 20580
(202) 326-2222
1 or thoughts and includes, but is not limited to, written, oral, and electronic correspondence
2 through text messages, social media and online postings, and any content on any messaging
3 applications such as, but not limited to, WhatsApp, Signal, Microsoft Teams, Confide, Facebook
4 Messenger, and Snapchat.
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1.3
“Consultant” means a Person, retained by a Party or their Testifying Expert
6 specifically for purposes of the Action, to assist that Party in the prosecution or defense of the
7 Action, and who will not provide testimony pursuant to Fed. R. Civ. P. 26(a)(2). For the
8 avoidance of doubt, the term Consultant does not include a Party or a Party’s employees.
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1.4
“Counsel” shall mean, as applied to outside counsel, counsel retained by a Party
10 or Parties in connection with the Action and, with respect to Amazon’s outside counsel, any
11 Related Action. As applied to in-house counsel, it shall mean any lawyer employed (or
12 previously employed, at the time of the pertinent communication) by a Party when acting
13 primarily in a legal capacity for that Party. As applied to Plaintiffs, this includes, but is not
14 limited to, (a) any attorneys who are, or previously were (at the time of the pertinent
15 communication), employed by the Federal Trade Commission and acting primarily in a legal
16 capacity for the Federal Trade Commission, and (b) any attorneys who are, or previously were
17 (at the time of the pertinent communication), employed by the relevant office of a Plaintiff State
18 and acting primarily in a legal capacity for that Plaintiff State. As applied to All Parties, the term
19 Counsel also includes, but is not limited to, any economists, financial analysts, statisticians,
20 paralegals, investigators, technologists, administrative assistants, and clerical and administrative
21 personnel employed by, or contracted with, the Party, provided that such employees or
22 contractors are acting under the direction or supervision of Counsel and in connection with the
23 Action or any Related Action.
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REGARDING EXPERT DISCOVERY - 2
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FEDERAL TRADE COMMISSION
600 Pennsylvania Avenue, NW
Washington, DC 20580
(202) 326-2222
1
1.5
“Defendant” means Amazon.com, Inc., including all of its employees, agents,
2 representatives, subsidiaries, and affiliates.
3
1.6
“Document” or “Documents” means the broadest possible definition possible
4 under Federal Rule of Civil Procedure 34 or any applicable local rule. Documents include any
5 and all Communications and/or electronically stored information.
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1.7
“Party” means any Plaintiff or Defendant in the Action. “All Parties” collectively
7 means Plaintiffs and Defendant in the Action.
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1.8
“Person” means any natural person, corporate entity, business entity, partnership,
9 association, joint venture, governmental entity, or trust.
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1.9
“Plaintiffs” means the Federal Trade Commission and the Plaintiff States,
11 including all of their employees, agents, and representatives.
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1.10
“Related Action” shall include the following actions: (1) Frame-Wilson v.
13 Amazon.com, Inc., No 2:20-cv-00424 (W.D. Wash.); (2) De Coster v. Amazon.com, Inc., No.
14 2:21-cv-00693 (W.D. Wash.); (3) Hogan v. Amazon.com, Inc., No. 2:21-cv-00996 (W.D.
15 Wash.); (4) Hopper v. Amazon.com, Inc., No. 2:23-cv-01523 (W.D. Wash.); (5) Zulily, LLC v.
16 Amazon.com, Inc., No. 2:23-cv-01900 (W.D. Wash.); (6) People of the State of California v.
17 Amazon.com, Inc., No. CGC-22-601826 (Cal. Super. Ct.); (7) District of Columbia v.
18 Amazon.com, Inc., No. 2021 CA 001775 B (D.C. Super. Ct.), dismissed, appeal pending, No. 2219 CV-657 (D.C. Ct. App.); (8) Mbadiwe et al. v. Amazon.com, Inc., No. 1:22-cv-09542 (S.D.N.Y.);
20 and (9) any and all actions filed after the effective date of this Stipulation and Order that All
21 Parties agree and/or the Court determines meet the criteria of Local Civil Rule 3(g), (h).
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1.11
“Staff” means any individual assisting or supporting a Testifying Expert or
23 Consultant specifically for the purposes of this Action. For the avoidance of doubt, it does not
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1 include a Party or a Party’s employees, except that it includes a Party or Party’s employees who
2 are a Testifying Expert required to provide a report pursuant to Fed. R. Civ. P. 26(a)(2) or a Party
3 or Party’s employees who assist or support a Party or Party’s employees who are required to
4 provide a report pursuant to Fed. R. Civ. P. 26(a)(2).
1.13
5
“Plaintiff States” means the States of Connecticut, Delaware, Maine, Maryland,
6 Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New
7 York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Wisconsin, and any other state or
8 territory of the United States of America that joins the Action.
1.14
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“Testifying Expert” means a Person, retained by a Party or Parties specifically for
10 purposes of the Action, to assist that Party in the prosecution or defense of the Action, and who
11 is required to provide a report pursuant to Fed. R. Civ. P. 26(a)(2)(B) and/or any other Person
12 who is required to provide an expert report pursuant to Fed. R. Civ. P. 26(a)(2).
13 2.
General Provisions
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2.1
This Stipulation and Order applies to All Parties to the Action. This Stipulation
15 and Order provides the protocols applicable to conducting discovery relating to Testifying
16 Expert(s), Consultant(s), or their Staff. Nothing herein shall preclude any Party from seeking to
17 modify it later for good cause; prior to doing so, however, counsel of record shall meet and
18 confer among themselves in a good-faith effort to reach agreement as to the appropriate scope of
19 any modifications or revisions to this Stipulation and Order.
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2.2
All Parties shall not serve subpoenas or discovery requests (for depositions or
21 Documents) on any Testifying Expert, Consultant, or their Staff. Instead, the Party proffering a
22 Testifying Expert will: (a) be responsible for producing all materials and information required
23 under this Stipulation or, to the extent not addressed in this Stipulation, under the Federal Rules
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Washington, DC 20580
(202) 326-2222
1 of Civil Procedure for the Testifying Expert, and (b) upon request, make the Testifying Expert
2 available for deposition at or reasonably near the Testifying Expert’s workplace, unless
3 otherwise agreed by the Parties, and at a time mutually agreed to by All Parties, and consistent
4 with the Court’s scheduling order(s).
2.3
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All Parties agree to comply with the terms of this Stipulation pending the Court’s
6 approval and entry of this Stipulation and Order.
7 3.
Governing Law
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3.1
Expert discovery shall be governed by the applicable provisions of the Federal
9 Rules of Civil Procedure, except as otherwise provided herein or in any other order in this
10 Action. For the avoidance of doubt, the requirements of Federal Rule of Civil Procedure
11 26(a)(2)(A), 26(a)(2)(B), and 26(a)(2)(B)(i) remain in effect and apply to this Action
12 notwithstanding this Stipulation and Order.
13 4.
Expert materials to be disclosed
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4.1
In lieu of the disclosures required under Federal Rule of Civil Procedure
15 26(a)(2)(B)(ii)-(vi), no later than three business days after the service of any Testifying Expert’s
16 report pursuant to Federal Rule of Civil Procedure 26(a)(2)(B) or otherwise, the Party or Parties
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17 proffering the Testifying Expert shall produce :
4.1.1
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A copy of all data or other information referred to in the Testifying
19 Expert’s report or declaration and/or relied on by the Testifying Expert in forming the Testifying
20 Expert’s opinions (to the extent not already produced in discovery), including, but not limited to,
21
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Paragraph 4.1 (including subparagraphs 4.1.1 through 4.1.5) applies to materials created or
22 communications occurring after the initiation of the Action in which the Testifying Expert
intends to testify (i.e., post-Action Documents and communications), and to materials created or
23 communications occurring prior to the initiation of the Action in which the Testifying Expert
intends to testify (i.e., pre-Action Documents and communications).
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Washington, DC 20580
(202) 326-2222
1 complete copies of all data sets from which information relied upon was derived or obtained, all
2 data and programs underlying any calculations, including all computer programs or code
3 necessary to recreate any data, intermediate working-data, calculations, estimations, tables, or
4 graphics, and including the intermediate working-data files that are generated from any initial
5 (“raw”) data files and used in performing the calculations appearing in the report.
4.1.2
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A list of all Documents referred to in the Testifying Expert’s report or
7 declaration and/or relied upon by the Testifying Expert in forming the Testifying Expert’s
8 opinions. For purposes of this list, identifying Documents by Bates number is sufficient. To the
9 extent that any such Documents do not already have a Bates number, copies of those documents
10 shall be produced. Such copies of Documents may be produced with a Bates number, but Bates
11 numbering is not required.
4.1.3
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A statement of the witness’s qualifications, including a list of all
13 publications authored, in whole or in part, by the Testifying Expert in the previous 10 years and
14 copies of all such publications that are not readily available publicly, provided that such
15 publications are accessible by the Testifying Expert. Publications which exist only behind a
16 paywall or in print shall be considered as not readily available publicly.
4.1.4
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A list of all other case(s), wherever those cases took place, in which,
18 during the previous 4 years, the Testifying Expert testified as an expert at trial or by deposition,
19 including the tribunal and case number.
4.1.5
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A statement of the terms of the compensation and of the compensation
21 paid and/or to be paid to the Testifying Expert for the Testifying Expert’s work and testimony in
22 the case.
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600 Pennsylvania Avenue, NW
Washington, DC 20580
(202) 326-2222
4.2
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Testifying Expert reports shall be served via email. Except to the extent included
2 within a Testifying Expert’s report, the information required by subparagraphs 4.1.1 - 4.1.5
3 above shall be produced electronically in a manner agreed to by All Parties and, and, with
4 respect to paragraph 4.1.1, in machine-readable format, where feasible. All Parties shall meet
5 and confer in good faith to attempt to establish, no later than 15 days after the close of fact
6 discovery, an agreed method for ensuring that the receiving parties are able to complete receipt
7 of the materials by the due date.
4.3
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Paragraphs 4.1.1 - 4.1.5 above are not intended to limit the ability of any Party to
9 prepare and use demonstrative exhibits, including demonstrative exhibits that may relate to a
10 Testifying Expert’s testimony, during the course of any deposition, hearing, or trial. The use and
11 disclosure of any such demonstrative exhibits shall be governed by the Federal Rules of
12 Evidence, the Federal Rules of Civil Procedure, and this Court’s Local Rules and Orders.
13 5.
Expert materials not requiring disclosure
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5.1
Notwithstanding the foregoing and the Federal Rules of Civil Procedure, and
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15 except as otherwise required by paragraph 5.2 below, the following materials shall not be
16 subject to discovery or disclosure by any method (including by deposition):
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Paragraph 5.1 (including subparagraphs 5.1.1 through 5.1.8) shall apply to materials created or
communications occurring after the initiation of the Action (i.e., post-Action Documents and
communications). Paragraph 5.1 (including subparagraphs 5.1.1 through 5.1.8) shall also apply
to materials created or communications occurring prior to the initiation of the Action (i.e., preAction Documents and communications), provided that (i) with respect to subparagraphs 5.1.1(a)
and 5.1.1(b), all participants in the communication (a) were retained or employed by, on behalf
of, or represented the same Party at the time of the communication and the communication was
made in connection with, or in anticipation of, the Action or, with respect to Amazon, any
Related Action, or (b) all participants in the communication were retained or employed by, on
behalf of, or represented Plaintiffs, or investigating states that did not become Plaintiffs, at the
time of the communication and the communication was made in connection with, or in
anticipation of, the Action; and (ii) with respect to subparagraph 5.1.2, the Testifying Expert was
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Washington, DC 20580
(202) 326-2222
5.1.1
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The content of communications, whether oral or written, only among or
2 between:
(a)
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Counsel and a Testifying Expert, Consultant, and/or any Staff
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assisting the Testifying Expert or Consultant, except to the extent
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the Testifying Expert relies upon such communications as a basis
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or reason for his or her opinions;
(b)
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a Testifying Expert or Consultant and other Testifying Experts and
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Consultants, as well as any Staff assisting such Testifying Experts
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or Consultants, except to the extent the Testifying Expert relies
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upon such communications as a basis or reason for his or her
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opinions; and
(c)
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Testifying Expert or Consultant. 3
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a Testifying Expert or Consultant and any Staff assisting such
5.1.2
Drafts of Testifying Expert reports, affidavits, declarations, or other
15 Testifying Expert materials, including, without limitation:
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18 retained or employed by or on behalf of a Party in the Action or, with respect to Amazon, any
Related Action at the time the materials were prepared, and the materials were prepared on
19 behalf of the same Party that retained or employed the Testifying Expert in the Action or, with
respect to Amazon, any Related Action, and the materials were prepared in connection with, or
20 in anticipation of, the Action or, with respect to Amazon, any Related Action.
3
For purposes of this Stipulation and Order, “Plaintiffs’ Counsel” includes Counsel for any
21 Plaintiff in the Action and “Defendant’s Counsel” includes Counsel for any Defendant in the
Action or any Related Action. Communications between or among Counsel for (a) different
22 Plaintiffs in this Action or (b) different Defendants (if additional defendants are later added to
the Action or any Related Action) are included within this provision. Additionally,
23 notwithstanding this provision, this expert stipulation does not, and is not intended to, abridge
the attorney-client privilege.
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Washington, DC 20580
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(a)
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draft studies, analyses, opinions, or written expert testimony
prepared in connection with the Action or any Related Action;
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(b)
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draft Testifying Expert work papers prepared in connection with
the Action or any Related Action; and
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(c)
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draft computer code (including queries), preliminary or
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intermediate calculations, computations, modeling, intermediate
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working data files, log files reflecting draft computer code, or data
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runs prepared in connection with the Action or any Related Action,
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except as described in paragraph 4.1.1.
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5.1.3
The notes of a Testifying Expert, Consultant, or Staff, except for notes of
11 interviews of persons where the Testifying Expert, Consultant, or Staff participated in or
12 conducted the interview and where the Testifying Expert relied on the interview in forming any
13 opinions in his or her final report.
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5.1.4
Any comments, whether oral or written, related to a final or draft report,
15 affidavit, declaration, or potential testimony of a Testifying Expert prepared in connection with
16 the Action or any Related Action by:
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(a)
Counsel;
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(b)
a Consultant;
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(c)
Staff;
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(d)
any other Testifying Expert;
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(e)
any other Consultant; or
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(f)
Staff of another Testifying Expert or Consultant.
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Washington, DC 20580
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5.1.5
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Budgets, invoices, bills, receipts, or time records concerning Testifying
2 Experts, Consultants, or Staff. Notwithstanding this provision, any Party may inquire into a
3 Testifying Expert’s compensation in this matter, including the Testifying Expert’s hourly rates,
4 the total hours spent by the Testifying Expert and staff members in connection with this Action,
5 and any other payments or consideration received by the Testifying Expert relating to work in
6 the Action.
5.1.6
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Copies of programs, software, or instructions that are commercially
8 available at a reasonable cost.
5.1.7
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Documents that are readily available publicly, provided that they are
10 identified with sufficient specificity to allow the opposing side to locate and obtain the
11 Documents. Publications which exist only behind a paywall or in print shall be considered as not
12 readily available publicly.
5.1.8
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Documents that have previously been produced during discovery in the
14 Action, provided that they are identified by Bates number in the Testifying Expert’s report.
15
5.2
Notwithstanding any provision in paragraph 5 (including all subparagraphs), All
16 Parties must produce (according to paragraphs 4.1.1, 4.1.2, and 4.2 above) all materials that:
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(a)
forming the opinions expressed in his or her report; or
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constitute facts or data that the Testifying Expert relied on in
(b)
constitute assumptions that the Testifying Expert relied on in
forming the opinions expressed in his or her report.
21 Information, communications, materials, or Documents upon which the Testifying Expert relies
22 as a basis for their opinions are discoverable. For the avoidance of doubt, nothing herein relieves
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1 a Testifying Expert or Party of the duty to identify the facts, data, and assumptions that the
2 Testifying Expert relied upon as a basis for their opinions.
5.3
3
Further, notwithstanding the limitations contained in subparagraphs 5.1.1 - 5.1.8
4 above, an expert may be asked at a deposition or trial:
(a)
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to identify and generally describe what data, facts, algorithms,
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modeling, regression analyses and source code the expert
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reviewed, investigated or considered but did not rely on or
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otherwise use, and
(b)
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to describe the reasons for reviewing—but not using or relying
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on—any such data, facts, algorithms, modeling, analyses or source
11
code.
5.4
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All Parties are not required to produce or exchange logs reflecting any of the
13 aforementioned items that are not subject to discovery or production pursuant to this Stipulation
14 and Order.
15 6.
Materials relied on in reports
16
6.1
In formulating the opinions expressed in their expert reports, a Party’s Testifying
17 Experts shall not rely on documents, data, or information requested in discovery and not
18 produced to the other Party by the close of fact discovery, except (a) by agreement between the
19 Parties or (b) as ordered by the Court.
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Washington, DC 20580
(202) 326-2222
1
Stipulated to and respectfully submitted this 29th day of January, 2024, by:
s/ Edward H. Takashima
SUSAN A. MUSSER (DC Bar # 1531486)
EDWARD H. TAKASHIMA (DC Bar # 1001641)
DANIELLE C. QUINN (NY Reg. # 5408943)
COLIN M. HERD (NY Reg. # 5665740)
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
Tel.: (202) 326-2122 (Musser)
(202) 326-2464 (Takashima)
Email: smusser@ftc.gov
etakashima@ftc.gov
dquinn@ftc.gov
cherd@ftc.gov
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Attorneys for Plaintiff Federal Trade Commission
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11 s/ Michael Jo
Michael Jo (admitted pro hac vice)
12 Assistant Attorney General, Antitrust Bureau
New York State Office of the Attorney
13 General
28 Liberty Street
14 New York, NY 10005
Telephone: (212) 416-6537
15 Email: Michael.Jo@ag.ny.gov
Counsel for Plaintiff State of New York
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s/ Rahul A. Darwar
17 Rahul A. Darwar (admitted pro hac vice)
Assistant Attorney General
18 Office of the Attorney General of Connecticut
165 Capitol Avenue
19 Hartford, CT 06016
Telephone: (860) 808-5030
20 Email: Rahul.Darwar@ct.gov
Counsel for Plaintiff State of Connecticut
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s/ Alexandra C. Sosnowski
Alexandra C. Sosnowski (admitted pro hac
vice)
Assistant Attorney General
Consumer Protection and Antitrust Bureau
New Hampshire Department of Justice
Office of the Attorney General
One Granite Place South
Concord, NH 03301
Telephone: (603) 271-2678
Email: Alexandra.c.sosnowski@doj.nh.gov
Counsel for Plaintiff State of New Hampshire
s/ Caleb J. Smith
Caleb J. Smith (admitted pro hac vice)
Assistant Attorney General
Consumer Protection Unit
Office of the Oklahoma Attorney General
15 West 6th Street, Suite 1000
Tulsa, OK 74119
Telephone: (918) 581-2230
Email: caleb.smith@oag.ok.gov
Counsel for Plaintiff State of Oklahoma
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CASE NO. 2:23-cv-01495-JHC
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Washington, DC 20580
(202) 326-2222
1 s/ Jennifer A. Thomson
Jennifer A. Thomson (admitted pro hac vice)
2 Senior Deputy Attorney General
Pennsylvania Office of Attorney General
3 Strawberry Square, 14th Floor
Harrisburg, PA 17120
4 Telephone: (717) 787-4530
Email: jthomson@attorneygeneral.gov
5 Counsel for Plaintiff Commonwealth of
Pennsylvania
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s/ Michael A. Undorf
7 Michael A. Undorf (admitted pro hac vice)
Deputy Attorney General
8 Delaware Department of Justice
820 N. French St., 5th Floor
9 Wilmington, DE 19801
Telephone: (302) 683-8816
10 Email: michael.undorf@delaware.gov
Counsel for Plaintiff State of Delaware
11
s/ Christina M. Moylan
12 Christina M. Moylan (admitted pro hac vice)
Assistant Attorney General
13 Chief, Consumer Protection Division
Office of the Maine Attorney General
6
State House Station
14
Augusta, ME 04333-0006
15 Telephone: (207) 626-8800
Email: christina.moylan@maine.gov
16 Counsel for Plaintiff State of Maine
17 s/ Gary Honick
Gary Honick (admitted pro hac vice)
18 Assistant Attorney General
Deputy Chief, Antitrust Division
19 Office of the Maryland Attorney General
200 St. Paul Place
20 Baltimore, MD 21202
Telephone: (410) 576-6474
21 Email: Ghonick@oag.state.md.us
Counsel for Plaintiff State of Maryland
22
s/ Michael Mackenzie
Michael Mackenzie (admitted pro hac vice)
Deputy Chief, Antitrust Division
Office of the Massachusetts Attorney General
One Ashburton Place, 18th Floor
Boston, MA 02108
Telephone: (617) 963-2369
Email: michael.mackenzie@mass.gov
Counsel for Plaintiff Commonwealth of
Massachusetts
s/ Scott A. Mertens
Scott A. Mertens (admitted pro hac vice)
Assistant Attorney General
Michigan Department of Attorney General
525 West Ottawa Street
Lansing, MI 48933
Telephone: (517) 335-7622
Email: MertensS@michigan.gov
Counsel for Plaintiff State of Michigan
s/ Zach Biesanz
Zach Biesanz (admitted pro hac vice)
Senior Enforcement Counsel
Office of the Minnesota Attorney General
445 Minnesota Street, Suite 1400
Saint Paul, MN 55101
Telephone: (651) 757-1257
Email: zach.biesanz@ag.state.mn.us
Counsel for Plaintiff State of Minnesota
s/ Lucas J. Tucker
Lucas J. Tucker (admitted pro hac vice)
Senior Deputy Attorney General
Office of the Nevada Attorney General
100 N. Carson St.
Carson City, NV 89701
Telephone: (775) 684-1100
Email: LTucker@ag.nv.gov
Counsel for Plaintiff State of Nevada
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Washington, DC 20580
(202) 326-2222
1 s/ Ana Atta-Alla
Ana Atta-Alla (admitted pro hac vice)
Deputy
Attorney General
2
New Jersey Office of the Attorney General
3 124 Halsey Street, 5th Floor
Newark, NJ 07101
4 Telephone: (973) 648-3070
Email: Ana.Atta-Alla@law.njoag.gov
5 Counsel for Plaintiff State of New Jersey
6 s/ Jeffrey Herrera
Jeffrey Herrera (admitted pro hac vice)
7 Assistant Attorney General
New Mexico Office of the Attorney General
8 408 Galisteo St.
Santa Fe, NM 87501
9 Telephone: (505) 490-4878
Email: jherrera@nmag.gov
10 Counsel for Plaintiff State of New Mexico
11 s/ Timothy D. Smith
Timothy D. Smith, WSBA No. 44583
12 Senior Assistant Attorney General
Antitrust and False Claims Unit
13 Oregon Department of Justice
100 SW Market St
14 Portland, OR 97201
Telephone: (503) 934-4400
15 Email: tim.smith@doj.state.or.us
Counsel for Plaintiff State of Oregon
16
s/ Stephen N. Provazza
Stephen N. Provazza (admitted pro hac vice)
Special Assistant Attorney General
Chief, Consumer and Economic Justice Unit
Department of the Attorney General
150 South Main Street
Providence, RI 02903
Telephone: (401) 274-4400
Email: sprovazza@riag.ri.gov
Counsel for Plaintiff State of Rhode Island
s/ Gwendolyn J. Cooley
Gwendolyn J. Cooley (admitted pro hac vice)
Assistant Attorney General
Wisconsin Department of Justice
Post Office Box 7857
Madison, WI 53707-7857
Telephone: (608) 261-5810
Email: cooleygj@doj.state.wi.us
Counsel for Plaintiff State of Wisconsin
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MORGAN, LEWIS & BOCKIUS LLP
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By: s/ Patty Eakes
Patty A. Eakes, WSBA #18888
Molly A. Terwilliger, WSBA #28449
1301 Second Avenue, Suite 2800
Seattle, WA 98101
Phone: (206) 274-6400
Email: patty.eakes@morganlewis.com
molly.terwilliger@morganlewis.com
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STIPULATION AND ORDER
REGARDING EXPERT DISCOVERY - 14
CASE NO. 2:23-cv-01495-JHC
FEDERAL TRADE COMMISSION
600 Pennsylvania Avenue, NW
Washington, DC 20580
(202) 326-2222
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WILLIAMS & CONNOLLY LLP
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Heidi K. Hubbard (pro hac vice)
John E. Schmidtlein (pro hac vice)
Kevin M. Hodges (pro hac vice)
Jonathan B. Pitt (pro hac vice)
Carl R. Metz (pro hac vice)
Carol J. Pruski (pro hac vice)
Constance T. Forkner (pro hac vice)
680 Maine Avenue SW
Washington, DC 20024
Phone: (202) 434-5000
Email: hhubbard@wc.com
khodges@wc.com
jpitt@wc.com
cmetz@wc.com
cpruski@wc.com
cforkner@wc.com
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COVINGTON & BURLING LLP
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Thomas O. Barnett (pro hac vice)
One CityCenter
850 Tenth Street, NW
Washington, DC 20001-4956
Phone: (202) 662-5407
Email: tbarnett@cov.com
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Attorneys for Defendant Amazon.com, Inc.
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STIPULATION AND ORDER
REGARDING EXPERT DISCOVERY - 15
CASE NO. 2:23-cv-01495-JHC
FEDERAL TRADE COMMISSION
600 Pennsylvania Avenue, NW
Washington, DC 20580
(202) 326-2222
ORDER
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IT IS SO ORDERED.
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DATED this 29th day of January, 2024.
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JOHN H. CHUN
UNITED STATES DISTRICT JUDGE
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7 Presented By:
8 s/ Edward H. Takashima
SUSAN A. MUSSER (DC Bar # 1531486)
9 EDWARD H. TAKASHIMA (DC Bar # 1001641)
DANIELLE C. QUINN (NY Reg. # 5408943)
10 COLIN M. HERD (NY Reg. # 5665740)
Federal Trade Commission
11 600 Pennsylvania Avenue, NW
Washington, DC 20580
12 Tel.: (202) 326-2122 (Musser)
(202) 326-2464 (Takashima)
Email:
smusser@ftc.gov
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etakashima@ftc.gov
dquinn@ftc.gov
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cherd@ftc.gov
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Attorneys for Plaintiff Federal Trade Commission
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STIPULATION AND ORDER
REGARDING EXPERT DISCOVERY - 16
CASE NO. 2:23-cv-01495-JHC
FEDERAL TRADE COMMISSION
600 Pennsylvania Avenue, NW
Washington, DC 20580
(202) 326-2222
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