Court Requires Deere Exec to Testify

LINCOLN, Neb. (DTN) -- John Deere's Chief Financial Officer Joshua Jepsen will have to testify in an ongoing anti-trust repair lawsuit filed by farmers, as a federal judge ruled the deposition request by the plaintiffs doesn't unduly burden the company.

Two weeks ago, attorneys for Deere asked the U.S. District Court for the District of Northern Illinois for a protective order to prevent Jepsen's testimony. The company argued his 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.

"Deere argues that Mr. Jepsen shouldn't be deposed because he recently prepared an earnings report (published a few days before this order) and is presently meeting with Deere's executive suite," District Judge Iain D. Johnston said in an order.

"Perhaps -- and that's open for considerable debate -- those 'slight inconveniences' would excuse Mr. Jepsen if his testimony were truly duplicative. But contrary to Deere's assertions, Mr. Jepsen's testimony is relevant to the merits of the plaintiffs' claims and their damages assessment. When balancing the value of Mr. Jepsen's anticipated testimony against his temporary busyness, Mr. Jepsen's executive responsibilities are not persuasive."

A group of 17 farmers filed a lawsuit against Deere, alleging the company has monopolized the repair service market for Deere brand agricultural equipment with onboard central computers known as electronic control units, or ECUs.

Deere argued in court documents that the company already 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.

"Deposing Mr. Jepsen allows probative insights to the company's internal finances, not available through other discovery methods or witnesses," Johnston said in the order.

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 more on DTN:

"Deere Fights Exec Deposition Request," https://www.dtnpf.com/…

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

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