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In re Cedar Shakes and Shingles Antitrust Litigation

United States District Court, W.D. Washington, Seattle

September 4, 2019

In re Cedar Shakes and Shingles Antitrust Litigation This Document Relates to: ALL CLASS ACTIONS

          Mark A. Griffin, Raymond J. Farrow, Karin B. Swope, KELLER ROHRBACK L.L.P. W. Joseph Bruckner Elizabeth R. Odette Brian D. Clark Arielle S. Wagner LOCKRIDGE GRINDAL NAUEN P.L.L.P. Co-Lead Counsel for the Proposed End User Plaintiff Classes

          Gregory J Hollon, MCNAUL EBEL NAWROT & HELGREN PLLC Liaison Counsel for the Proposed Reseller Plaintiff Classes

          Kaleigh N.B. Powell, Kim D. Stephens, Jason Dennett, Chase C. Alvord, TOUSLEY BRAIN STEPHENS Bonney Sweeney Samantha Stein James J. Pizzirusso Nathaniel C. Giddings Paul Gallagher HAUSFELD LLP Co-Lead Counsel for the Proposed Direct Purchaser Plaintiff Class

          Christopher J Cormier Warren T. Burns Spencer M Cox William B. Thompson Lydia A Wright BURNS CHAREST LLP Keith Dubanevich Keil M. Mueller Lydia Anderson-Dana STOLL STOLL BERNE LOKTING & SHLACHETER PC Co-Lead Counsel for the Proposed Reseller Plaintiff Classes

          Jessica Walder, Larry Steven Gangnes, Heidi Brooks Bradley, Joseph Adamson, LANE POWELL PC Attorneys for Cedar Shake & Shingle Bureau

          Mathew L. Harrington, STOKES LAWRENCE Attorneys for Waldun Forest Products Ltd. and Waldun Forest Products Partnership d/b/a The Waldun Group

          Elizabeth Simson Weinstein, Molly A. Terwilliger, YARMUTH LLP Attorneys for Anbrook Industries Ltd.

          Laurie Lootens Jake Ewart Jessica C. Kerr, HILLIS CLARK MARTIN & PETERSON Attorneys for G&R Cedar Ltd. and G&R Cedar (2009) Ltd.

          STIPULATION AND ORDER CONCERNING DEPOSITIONS

          MARSHA J. PECHMAN UNITED STATES SENIOR DISTRICT JUDGE.

         The parties in the above-captioned cases, [1] through their respective counsel of record, stipulate to the following protocol regarding depositions in the above-captioned matters and all other matters subsequently consolidated with them (collectively, the “Class Actions”), subject to approval by the Court. Nothing that occurred during the negotiation of this Stipulation and Order can be used to suggest a party's position on issues not included in the final version.

         1.Counting of Depositions

         (a) Depositions in the S&W Action and the Class Actions:

(i) Plaintiffs in the Class Actions may attend, but not participate in, depositions taken in S&W Forest Products Ltd. v. Cedar Shake & Shingle Bureau et al., No. 2:19-cv-00202-MJP (“the S&W Action”).
(ii) The depositions taken by the plaintiff in the S&W Action will not count against the plaintiffs' deposition limit in the Class Actions.
(iii) Counsel for the plaintiffs in the Class Actions are not permitted to ask questions or raise objections during depositions noticed by the parties in the S&W Action. Plaintiffs in the Class Actions preserve all objections to the testimony solicited in the S&W Action.
(iv) Notwithstanding the foregoing, the plaintiffs in the Class Actions may use the depositions taken in the S&W Action for any purpose whatsoever, including but not limited to impeachment during depositions in the Class Actions and as evidence at trial.

         (b) Multiple Depositions A witness may be deposed only once in these Actions unless any of the following apply:[2]

(i) The witness was first deposed in the S&W Action, in which case, that same witness may be deposed again in the Class Actions;
(ii) The witness properly revokes an earlier assertion of the Fifth Amendment;
(iii) The witness refuses to answer a question on privilege or other grounds and later withdraws the basis for refusing to answer, or the basis for refusing to ...

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