United States District Court, W.D. Washington, Seattle
IN RE CEDAR SHAKE & SHINGLE ANTITRUST LITIGATION This Document Relates to: All Class Actions
UNOPPOSED MOTION AND [PROPOSED] ORDER GRANTING LETTERS ROGATORY RE:
TELEPHONE RECORDS TO ROGERS COMMUNICATIONS CANADA
Honorable Marsha J. Pechman United States District
to Federal Rule of Civil Procedure 28(b)(3) and 28 U.S.C.
1781(b)(2), undersigned Plaintiffs ("Plaintiffs")
move this Court for an Order issuing the attached Letters
Rogatory to the appropriate authorities in British Columbia,
Canada for the telephone records of certain executives and
competitors of Defendants in this case. Plaintiffs seek
telephone records of telephone calls made to and from
executives and competitors of Defendants in Canada.
Defendants have been consulted and do not oppose this motion.
have the inherent authority to issue Letters Rogatory and
Letters of Request to foreign nations, and may request that
the foreign nation order a witness to provide testimony that
will aid in the resolution of a matter pending in the United
States. See United States v. Reagan, 453 F.2d 165,
172 (6th Cir. 1971); United States v. Staples, 256
F.2d 290, 292 (9th Cir. 1958). In addition, federal statutes
provide for the issuance of Letters Rogatory by a federal
court. Under 28 U.S.C. § 1781(b)(2), a tribunal in the
United States may directly transmit a Letter Rogatory or
request to a foreign or international tribunal. The British
Columbia Evidence Act also provides that a court outside of
Canada may serve Letters Rogatory upon a Canadian court.
British Columbia Evidence Act, R.S.B.C. 1996, C. 124 §
applications for the issuance of Letters Rogatory, the Court
will not ordinarily weigh the evidence to be elicited, nor
will the Court determine whether the witnesses will be able
to provide the anticipated testimony. B&L Drilling
Electronics v. Totco, 87 F.R.D. 543, 545 (W.D. Okla.
1978). Rather, "good reason" must be shown for
denying the issuance of a Letter Rogatory. Zassenhaus v.
Evening Star Newspaper Co., 404 F.2d 1361, 1364 (D.C.
Plaintiffs seek to obtain telephone records to provide
further evidence to prove the allegations in their Second
Amended Complaint, namely that the alleged co-conspirators
furthered the conspiracy to coordinate price fixing for Cedar
shakes and shingles over the phone. For example, Plaintiffs
allege that Mr. Dziedzic, G & R's Sales Manager,
spoke on the phone with some competitors, either Brooke
Meeker of Anbrook Industries or Curtis Walker of Waldun
Forest Products, who asked him to raise G & R's shake
and shingle prices. Pl. Liebo's Second Amended Complaint,
further allege Defendants Waldun and CSSB "pressure[d]
Teal to raise its prices via phone conversations."
Id. at ¶ 218. Plaintiffs allege that,
"[o]n multiple occasions during the last 10 years,
Curtis Walker made calls to Pacific Cedar's Vice
President Kathy Klassen, in which he told her that her
company's cedar shake and shingle prices were too low and
urged her to raise those prices to levels recommended by Mr.
Walker." Id. at ¶ 219. Plaintiffs allege
that "[o]n multiple occasions ... Curtis Walker made
calls to Bill Maitland of Goat Lake Cedar in which he asked
Mr. Maitland to raise his company's cedar shake and
shingle prices to levels recommended by Mr. Walker."
Id. at ¶ 220. Plaintiffs seek phone records of
these and other calls to prove their case.
the issuing of a Letter Rogatory will not be overly
burdensome. Plaintiffs seek telephone records of only 56
telephone numbers from January 1, 2011 to the date of
collection. These documents are regularly produced by Rogers
Communications Canada Inc., as evidenced by the fact that
they have a policy for producing telephone records, i.e., one
has to submit a filed Court Order in order to obtain copies
Plaintiffs have volunteered to pay reasonable fees and
judicial costs associated with the requested production of
telephone records. Plaintiffs have been informed by Rogers
Communications Canada Inc. that they will produce telephone
records only pursuant to a filed court Order. Thus, it is
necessary to compel production of telephone records through a
do not oppose the issuance of Letters Rogatory compelling the
phone records of the executives of defendants in this case
listed in the attached Exhibit A. Defendants'
non-opposition is made without prejudice to its right to
oppose the introduction of any documents or information
obtained from Rogers Communications Canada Inc. based on any
objection allowed by the Federal Rules of Civil Procedure or
other applicable law. Defendants expressly reserve all
evidentiary and trial objections. Defendants further reserve
the right to obtain from Plaintiffs copies of all documents
obtained from Rogers Communications Canada Inc. pursuant to
the Letters Rogatory.
consideration of the pleadings, declarations, and orders
filed to date in this case, the Court finds and orders as
HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
Court, having reviewed the submitted material and relevant
authority, and therefore being fully informed, GRANTS
Plaintiffs' Unopposed Motion and Proposed Order For
Letters Rogatory Re Telephone ...