Federal Trade Commission et al v. Amazon.com Inc, No. 2:2023cv01495 - Document 143 (W.D. Wash. 2024)

Court Description: ORDER granting Parties' 142 Stipulated MOTION Regarding Expert Discovery. Signed by Judge John H. Chun. (SB)

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Federal Trade Commission et al v. Amazon.com Inc Doc. 143 THE HONORABLE JOHN H. CHUN 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 9 FEDERAL TRADE COMMISSION, et al., 10 Plaintiffs, 11 12 v. AMAZON.COM, INC., a corporation, 13 CASE NO. 2:23-cv-01495-JHC STIPULATED MOTION AND ORDER REGARDING EXPERT DISCOVERY NOTE ON MOTION CALENDAR: January 29, 2024 Defendant. 14 15 Pursuant to Fed. R. Civ. P. 29, the parties hereto, through their respective counsel of 16 record, hereby stipulate to the following regarding the scope of expert discovery and testimony 17 in this action. 18 1. Definitions 19 1.1 “Action” means the action filed in this Court under the caption Federal Trade 20 Commission, et al., v. Amazon.com, Inc., 2:23-cv-01495-JHC, including any related discovery, 21 pretrial, trial, post-trial, or appellate proceedings. 22 1.2 “Communication,” “Communications,” or “Communicated” means any actual or 23 attempted dissemination, disclosure, transmission, transfer or exchange of information, opinions, 24 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 Dockets.Justia.com 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. 5 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. 9 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. 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 2 CASE NO. 2:23-cv-01495-JHC 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. 6 1.7 “Party” means any Plaintiff or Defendant in the Action. “All Parties” collectively 7 means Plaintiffs and Defendant in the Action. 8 1.8 “Person” means any natural person, corporate entity, business entity, partnership, 9 association, joint venture, governmental entity, or trust. 10 1.9 “Plaintiffs” means the Federal Trade Commission and the Plaintiff States, 11 including all of their employees, agents, and representatives. 12 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). 22 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 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 3 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW Washington, DC 20580 (202) 326-2222 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 9 “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 14 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. 20 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 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 4 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW 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 5 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 8 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 14 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 1 17 proffering the Testifying Expert shall produce : 4.1.1 18 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 1 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). 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 5 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW 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 6 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 12 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 17 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 20 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. 23 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 6 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW Washington, DC 20580 (202) 326-2222 4.2 1 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 8 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 14 5.1 Notwithstanding the foregoing and the Federal Rules of Civil Procedure, and 2 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): 17 18 19 20 21 22 23 2 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 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 7 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW Washington, DC 20580 (202) 326-2222 5.1.1 1 The content of communications, whether oral or written, only among or 2 between: (a) 3 Counsel and a Testifying Expert, Consultant, and/or any Staff 4 assisting the Testifying Expert or Consultant, except to the extent 5 the Testifying Expert relies upon such communications as a basis 6 or reason for his or her opinions; (b) 7 a Testifying Expert or Consultant and other Testifying Experts and 8 Consultants, as well as any Staff assisting such Testifying Experts 9 or Consultants, except to the extent the Testifying Expert relies 10 upon such communications as a basis or reason for his or her 11 opinions; and (c) 12 a Testifying Expert or Consultant and any Staff assisting such Testifying Expert or Consultant. 3 13 5.1.2 14 Drafts of Testifying Expert reports, affidavits, declarations, or other 15 Testifying Expert materials, including, without limitation: 16 17 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. 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 8 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW Washington, DC 20580 (202) 326-2222 (a) 1 draft studies, analyses, opinions, or written expert testimony prepared in connection with the Action or any Related Action; 2 (b) 3 draft Testifying Expert work papers prepared in connection with the Action or any Related Action; and 4 (c) 5 draft computer code (including queries), preliminary or 6 intermediate calculations, computations, modeling, intermediate 7 working data files, log files reflecting draft computer code, or data 8 runs prepared in connection with the Action or any Related Action, 9 except as described in paragraph 4.1.1. 10 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. 14 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: 17 (a) Counsel; 18 (b) a Consultant; 19 (c) Staff; 20 (d) any other Testifying Expert; 21 (e) any other Consultant; or 22 (f) Staff of another Testifying Expert or Consultant. 23 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 9 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW Washington, DC 20580 (202) 326-2222 5.1.5 1 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 7 Copies of programs, software, or instructions that are commercially 8 available at a reasonable cost. 5.1.7 9 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 13 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: 17 (a) forming the opinions expressed in his or her report; or 18 19 20 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 23 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 10 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW Washington, DC 20580 (202) 326-2222 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) 5 to identify and generally describe what data, facts, algorithms, 6 modeling, regression analyses and source code the expert 7 reviewed, investigated or considered but did not rely on or 8 otherwise use, and (b) 9 to describe the reasons for reviewing—but not using or relying 10 on—any such data, facts, algorithms, modeling, analyses or source 11 code. 5.4 12 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. 20 21 22 23 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 11 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW 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 2 3 4 5 6 7 8 9 Attorneys for Plaintiff Federal Trade Commission 10 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 16 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 21 22 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 23 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 12 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW Washington, DC 20580 (202) 326-2222 1 s/ Jennifer A. Thomson Jennifer A. Thomson (admitted pro hac vice) Senior Deputy Attorney General 2 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 6 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 14 6 State House Station 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 23 24 STIPULATION AND ORDER REGARDING EXPERT DISCOVERY - 13 CASE NO. 2:23-cv-01495-JHC FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, NW 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 17 18 MORGAN, LEWIS & BOCKIUS LLP 19 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 20 21 22 23 24 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 1 WILLIAMS & CONNOLLY LLP 2 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 3 4 5 6 7 8 9 10 COVINGTON & BURLING LLP 11 14 Thomas O. Barnett (pro hac vice) One CityCenter 850 Tenth Street, NW Washington, DC 20001-4956 Phone: (202) 662-5407 Email: tbarnett@cov.com 15 Attorneys for Defendant Amazon.com, Inc. 12 13 16 17 18 19 20 21 22 23 24 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 1 2 IT IS SO ORDERED. 3 DATED this 29th day of January, 2024. 4 5 JOHN H. CHUN UNITED STATES DISTRICT JUDGE 6 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 13 etakashima@ftc.gov dquinn@ftc.gov 14 cherd@ftc.gov 15 Attorneys for Plaintiff Federal Trade Commission 16 17 18 19 20 21 22 23 24 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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