Deere Fights Deposition       05/09 12:53

   Deere Moves to Protect Chief Financial Officer From Testifying in 
Right-to-Repair Case

   Attorneys for John Deere have asked a federal court to issue a protective 
order preventing the company's chief financial officer from testifying in an 
ongoing right-to-repair lawsuit.

Todd Neeley
DTN Environmental Editor

   LINCOLN, Neb. (DTN) -- Farmers suing John Deere alleging anti-trust 
violations in limiting repairs on equipment want to depose the company's Chief 
Financial Officer Joshua Jepsen, prompting Deere this week to request a 
protective order to prevent that from happening.

   A group of farmers from across the country sued John Deere, alleging the 
company monopolizes the repair service market for the Deere brand agricultural 
equipment with onboard central computers known as electronic control units, or 
ECUs.

   Attorneys for the farmers served a notice of deposition to Jepsen on July 
25, 2024, according to court documents filed in the U.S. District Court for the 
Northern District of Illinois. On July 31, 2024, Deere responded that Jepsen's 
deposition would be "inappropriate, burdensome and contrary to precedent" that 
limits what courts call apex witness depositions.

   The apex doctrine is a legal principle that shields high-level executives 
from being examined under oath, unless a party seeking a deposition 
demonstrates the executive has unique knowledge and other less intrusive 
methods of discovery have been exhausted. The doctrine recognizes that deposing 
executives can be burdensome and disruptive to a company's operation.

   In particular, the plaintiffs make the case they are entitled to Jepsen's 
deposition based on Deere's 2023 annual report.

   "Plaintiffs focused on the unremarkable statement that 'regulations and 
legislation regarding right to repair,' among 12 other potential uncertainties 
like weather conditions and political concerns, could potentially impact John 
Deere's results," Deere said in its request for a protective order filed on 
Thursday.

   "Plaintiffs then pointed to a 192-page presentation that was an exhibit in 
Mr. Caldwell's (Denver, now Deere vice president of global aftermarket and 
customer support) deposition, which contains no mention of financial analyses 
related to 'right to repair' legislation. Plaintiffs claimed several statements 
in the presentation 'undermine' John Deere's position in this lawsuit. Even if 
that were true, plaintiffs provided no explanation as to how that entitled them 
to a deposition of an apex witness like Mr. Jepsen."

   John Deere did not respond to DTN's request for comment.

   Deere attorneys told the court the company already has provided four 
witnesses to testify on the topics the plaintiffs want to explore, which 
include whether Deere officials have conducted financial analyses on the 
effects on the company's bottom line of right-to-repair legislation and 
regulations.

   In previous depositions, other Deere officials have testified that the 
company had not "conducted internal projections of its financial performance 
and/or profitability" related to right-to-repair, Deere said in the request for 
a protective order.

   "With fact discovery closing in less than 15 days, requiring a deposition of 
Mr. Jepsen, John Deere's senior vice president and chief financial officer, on 
such short notice would unduly encroach on his responsibilities which do not 
relate to the any of the claims or defenses in this litigation," Deere said in 
the court filing.

   "Additionally, as the end of second quarter of the fiscal year is 
approaching, forcing Mr. Jepsen to sit for a deposition would be extremely 
disruptive to John Deere's business because Mr. Jepsen and his team are 
preparing an earnings report, with financial results set to be announced on May 
15, 2025, as well as preparing for several meetings with the board of directors 
and Mr. Jepsen's fellow executive staff the following week."

   The court has given the plaintiffs until May 19 to respond to the motion.

   In addition, a lawsuit filed by the Biden administration just five days 
before President Joe Biden left office continues to churn on in the same court 
where pretrial discovery is ongoing.

   That lawsuit filed in January by the Federal Trade Commission and attorneys 
general in Minnesota and Illinois seeks to stop what the FTC said is 
"anticompetitive conduct" on the part of John Deere.

   The lawsuit asks the court to order Deere to make available to owners of 
Deere large tractors and combines, as well as independent repair shops, access 
to its "fully functional Service ADVISOR repair tool and any other repair 
resources available to authorized dealers."

   That lawsuit has since been joined by attorneys general in Arizona and 
Wisconsin. Read about that case here: 
https://www.dtnpf.com/agriculture/web/ag/equipment/article/2025/01/15/two-states
-join-ftc-federal-lawsuit.

   Read more on DTN:

   "Deere Right-to-Repair Lawsuits Grow," 
https://www.dtnpf.com/agriculture/web/ag/news/equipment/article/2022/03/02/john-
deere-faces-growing-list-right

   "Ag Groups Ask FTC to Investigate Deere," 
https://www.dtnpf.com/agriculture/web/ag/equipment/article/2022/03/03/farmers-un
ions-press-federal-trade

   "Deere Repair Investigation Confirmed," 
https://www.dtnpf.com/agriculture/web/ag/news/equipment/article/2024/10/18/feder
al-trade-commission-deere-right

   Todd Neeley can be reached at todd.neeley@dtn.com

   Follow him on social platform X @DTNeeley




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