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/….

Read more on DTN:

"Deere Right-to-Repair Lawsuits Grow," https://www.dtnpf.com/…

"Ag Groups Ask FTC to Investigate Deere," https://www.dtnpf.com/…

"Deere Repair Investigation Confirmed," https://www.dtnpf.com/…

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

Follow him on social platform X @DTNeeley

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