Contract analysis

1. Introduction and Purpose We write on behalf of our client, Defendant Cascade Retail Holdings Inc. ("Cascade"), in the above-captioned action pending before the Honorable Richard A. Johannsen in the United States District Court for the Western District of Washington, Seattle Division. This letter addresses several outstanding discovery disputes arising from the Federal Trade Commission's (the "FTC" or the "Commissi

2. Background on discovery Served On or about July 7, 2025, Defendants served on the FTC two sets of written discovery: (1) Defendants' First Set of Interrogatories to the Federal Trade Commission, consisting of Interrogatory Nos. 1 through 25; and (2) Defendants' First Set of Requests for Production to the Federal Trade Commission, consisting of Request Nos. 1 through 30. These discovery requests were properly serve

3. Specific discovery Disputes A. Interrogatory Disputes i. Interrogatory No. 3 — Basis for Relevant Market Definition. Interrogatory No. 3 asked the FTC to identify all facts, analyses, documents, and evidence supporting its definition of the relevant product market as "online marketplace platform services for third-party sellers in the United States," as alleged in paragraphs 35 through 46 of the Complaint. This in

4. Supplemental Production Regarding IOSA and Vertex Commerce Communications Separate and apart from the specific requests discussed above, Defendants specifically request that the FTC supplement its production to include all communications between the FTC (including all staff in the Bureau of Competition and the Bureau of Economics) and the Independent Online Sellers Alliance ("IOSA") and its counsel, Galloway & Pec

5. Proposal for Meet-and-Confer Conference Pursuant to Federal Rule of Civil Procedure 37(a)(1) and Local Civil Rule 37(a)(2) of the Western District of Washington, Defendants propose an in-person or telephonic meet-and-confer conference during the week of July 28, 2025, to attempt to resolve the disputes identified in this letter without the need for motion practice. We suggest the following dates and times, at your

6. Reservation of Rights Defendants expressly reserve all rights and remedies available under the Federal Rules of Civil Procedure, the Local Rules of the Western District of Washington, and applicable law, including but not limited to: (a) The right to file a motion to compel under Federal Rule of Civil Procedure 37(a); (b) The right to seek an award of reasonable expenses, including attorneys' fees, under Federal R

7. Conclusion We respectfully request that the FTC respond to this letter no later than Friday, July 25, 2025, confirming the Commission's availability for a meet-and-confer conference during the week of July 28, 2025, and indicating whether the Commission will agree to supplement its interrogatory responses and document production voluntarily in advance of or concurrent with the meet-and-confer conference. We are ge