MATERIALS RELEVANT TO WEYERHAEUSER COMPANY v. ROSS-SIMMONS HARDWOOD LUMBER COMPANY, INC.
SUPREME COURT OF THE UNITED STATES NO. 05-381
TABLE OF CONTENTS
I. SUPREME COURT MERITS BRIEFS
A. Supporting Petitioner Weyerhaeuser Company
1. Brief of Petitioner Weyerhaeuser Company
2. Brief amicus curiae of United States
3. Brief amicus curiae of Law Professors
4. Brief amicus curiae of Business Roundtable and National Association of Manufacturers
5. Brief amicus curiae of Timberland Owners and Managers
6. Brief amicus curiae of Economists
7. Brief amicus curiae of AT&T Inc., BellSouth Corporation, et al.
8. Brief amicus curiae of Chamber of Commerce of the United States of America
B. Supporting Respondent Ross-Simmons Hardwood Lumber Company, Inc.
1. Brief of Respondent Ross-Simmons Hardwood Lumber Company, Inc.
2. Brief amicus curiae of States
3. Brief amicus curiae of Forest Industry, Landowners and Mill Owners
4. Brief amicus curiae of American Antitrust Institute
C. Joint Appendix
1. Volume I (Pages 1a through 576a)
2. Volume II-a (Pages 577a through 785a)
3. Volume II-b (Pages 819a through 1005a)
II. OPINIONS AND KEY PLEADINGS IN FOLLOW-ON CASES
A. Westwood Lumber, Inc. v. Weyerhaeuser Company, Civil No. 03-CV-551-PA
1. Fourth Amended Complaint
2. Answer to Fourth Amended Complaint
3. Stipulated Facts
4. Stipulated Chronology
5. Corrected Opinion and Order Regarding Issue Preclusion
6. Plaintiff's Expert Witness Statement of George S. Fenn
7. Lay Witness Statement Summarizing Testimony of James Wick
8. Transcript of proceedings dated October 29, 2003
9. Weyerhaeuser's Memorandum of Law in Support of Motion for Reconsideration
B. Coast Mountain Hardwoods, Inc. v. Weyerhaeuser Company, Civil No. 03-CV-552-PA
1. Third Amended Complaint
2. Answer to Third Amended Complaint
3. Opinion and Order Regarding Motion to Dismiss
C. Smith Street Mill, Inc. v. Weyerhaeuser Company, Civil No. 04-CV-1049-PA
1. Second Amended Complaint
2. Answer to Second Amended Complaint
3. Expert Witness Statement/Disclosure of Mark Rasmussen
III. RELEVANT EXHIBITS OR OTHER DOCUMENTS
A. Ross-Simmons Hardwood Lumber Company, Inc. v. Weyerhaeuser Company
1. Exhibit 16, Map – Western Washington hardwood sawmill locations
2. Exhibit 17, Map – Western Oregon hardwood sawmill locations
3. Exhibit 80, Harvest Trends Western Oregon and Washington (total softwood and total hardwood)
4. Exhibit 97, Log Prices: Alder v. Domestic Conifer Index (Western Washington)
5. Counsel’s letter dated March 12, 2007 to Ninth Circuit Court of Appeals
6. Defendant's Memorandum of Law in Support of Motion for Judgment as a Matter of Law dated May 4, 2007
7. Excerpt from Stipulation Certifying Supplemental Record (G. Boyd Testimony)
B. Westwood Lumber Company Inc. v. Weyerhaeuser Company, Civil No. 03-CV-551-PA
Note: "CMH" refers to Coast Mountain Hardwoods
"NWH" refers to Weyerhaeuser's Northwest Hardwoods division
"IDS" refers to Investment Direction Setting
1. Exhibit 2426, Handwritten notes re CMH and Washington Alder - re what if Weyerhaeuser owned CMH
2. Exhibit 2493, Project Grizzly Gate 2 Review dated 02/16/99
3. Exhibit 2513, McInnally e-mail re IDS 2000 for B.C. dated 5/1/2000
4. Exhibit 2538, CMH 90% consumption of B.C. alder log harvest
5a. Exhibit 2640, Hardwood Lumber Business, Sector Strategy Review 2001, (Vol. 1 of 3, pages 1-20)
5b. Exhibit 2640, Hardwood Lumber Business, Sector Strategy Review 2001, (Vol. 2 of 3, pages 21-40)
5c. Exhibit 2640, Hardwood Lumber Business, Sector Strategy Review 2001, (Vol. 3 of 3, pages 41-59)
6. Exhibit 2642, Hardwood Lumber Business, Investment Direction Setting, May 1999
7. Exhibit 2646, Competition Analysis Oregon.
8. Exhibit 2647, Competition Analysis Washington
9. Exhibit 2651, NWH Oregon Operations - Public Sourcing
10. Exhibit 2652, NWH Oregon Operations -Public Sourcing January 1999 - Mid-term View 99-03
11. Exhibit 2653, Oregon Options NPV Impact graph
12. Exhibit 2657, Longview meeting re loss of Oregon State Wood 5/6/99
13. Exhibit 2682, IDS 2000 - NWH Western Locations Current Inventory Report; log purchases; assignments; Hardwood Lumber Business Investment Direction Setting 2000, draft dated 4/19/2000
14. Exhibit 2685, Hardwood Lumber Industry Attractiveness - Next Three Years dated 6/12/01
15. Exhibit 2686, Memo to HBLT from Rob Taylor dated 11/06/97 re 1998 Annual Plan Review
16. Exhibit 2688, Price strategy e-mails
17. Exhibit 2725, Alder Supply, Demand and Prices
18. Exhibit 2726, Memo from R.R. Wakeley to Bob McKinney re Timberlands Competitor Information dated 12/10/98
19. Exhibit 2728, Memo from Dick Wakeley to Del Fisher & Jim Mason re Wood Supply/OSP Potential dated 10/18/00
20. Exhibit 2729, NWH Alder Availability Western Washington/Oregon
21. Exhibit 2730, NWH Alder Availability Western Washington/Oregon
22. Exhibit 2733, Red Alder Plantation Review Team - Sponsor Review dated 9/30/03
23. Exhibit 2740, Supply/Price Elasticity - Sawlog
24. Exhibit 2814, Hardwood harvests – western Oregon and Washington (1987-2002).
25. Exhibit 2815, Western hardwood production versus NWH sales and prices (1981-2002).
C. Smith Street Mill, Inc. v. Weyerhaeuser Company, Civil No. 04-CV-1049-PA
1. Exhibit 15343, NWH Project Grizzly - Operating Value -12/16/99
2. Exhibit 15406, CMH synergies with NWH
3. Exhibit 15422, Coastal B.C./NWH alder export issue
4. Exhibit 15440, Perkins letter to Ministry of Forests re license transfer dated 8/29/2000
5. Exhibit 15441, Perkins/Fisher letter regarding blocking alder exports dated 8/29/2000
6. Exhibit 15443, Fisher email dated 5/11/2000
7. Exhibit 15610, Project Grizzly Acquisition Overview dated January 8, 2000
8. Exhibit 15611, Project Grizzly Gate 3C meeting notes dated January 10, 2000
9. Exhibit 15676, Second draft of "Where We are Headed" per talk with Steve Rogel on 2/19/99
10. Exhibit 15677, Consolidation of the forest products industry
11. Exhibit 15725, Oregon state lands red alder harvest versus sales
12. Exhibit 15951, Chart displaying Weyerhaeuser alder sawlog costs by category
13. Exhibit 15952, Chart displaying Weyerhaeuser alder sawlog costs by category
14. Exhibit 15953, Chart displaying Weyerhaeuser alder sawlog costs by category
15. Exhibit 15954, Chart displaying Weyerhaeuser alder sawlog costs by category
IV. ADDITIONAL DOCUMENTS RELEASED BY COURT ORDER OR IN PUBLIC DOMAIN
A. Weyerhaeuser Documents Released by Court Order
1. Weyerhaeuser document, "A Hardwood Resource Assessment for Western Oregon and Western Washington" (November, 2002)
2. Weyerhaeuser alder sawmill summary results, 1990-2003 (Arlington, Centralia, and Garibaldi mills)
3. Weyerhaeuser alder sawmill summary results, 1990-2003 (Longview, Sedro-Woolley, Eugene, and Delta mills)
B. Relevant Documents in Public Domain
1. British Columbia Ministry of Forest Letter dated September 28, 2000 confirming Weyerhaeuser opportunity to block alder exports from province.
V. RELEVANT FOREST ECONOMICS OR ANTITRUST COMMENTARY
A. Forest Economics Articles
1. Gomez, Love and Burton, "Alternative Price Expectations in Timber Markets," 5 J. Forest Econ. 235 (1999).
2. Wear and Parks, "The Economics of Timber Supply: An Analytical Synthesis of Modeling Approaches," 8 Natural Res. Modeling 199 (1994).
3. Newman and Wear, "Production Economics of Private Forestry: A Comparison of Industrial and Non-Industrial Forest Owners," 75 Amer. J. Agr. Econ. 674 (1993).
4. Adams and Haynes, "The 1993 Timber Assessment Market Model: Structure, Projections and Policy Simulations," USDA Forest Service, Pacific Northwest Research Station, PNW-GTR-368 (1996).
5. Yin and Newman, "A Timber Producer's Entry, Exit, Mothballing, and Reactivation Decisions Under Market Risk," 5 J. Forest Econ. 305 (1999).
6. Prestemon and Wear, "Inventory Effects on Aggregate Timber Supply," Proceedings of the 1998 S. Forest Econ. Workshop 26 (1999).
B. Forthcoming Antitrust Article
1. Dalton and Esposito, "Predatory Price Cutting and Standard Oil: A Re-Examination of the Trial Record," Research in Law and Economics (2006 forthcoming)