On August 14, 2020 a
Party Statement
was filed
involving a dispute between
Stephens, Donnetta,
and
Crown Ace Hardware,
Does 1 Through 100 Inclusive,
Monsato Company,
Wilbur-Ellis Company, Llc,
Wilbur-Ellis Nutrition, Llc,
for Product Liability Unlimited
in the District Court of San Bernardino County.
Preview
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‘ F l L E D
bUPERIOR COURT o'r» EALIFQRNJA
CQUNTY 0F SAN BERNARDINO
Bart H. Williams (State Bar No. 134009) AN BERNARDINO 0:3‘3‘9102‘
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fl
bwilliams proskauemom
Manuel F. achén (State Bar No. 216987) JUL 0 2 2021
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Shawn S. dingham, Jr. (State Bar No. 275268)
sledmgham proskauemom 8v “mytgw
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PROSKAU -R ROSE LLP j
2029 Century Park East DEPUTY
Suite 2400
L05 Angeles, CA 90067
Telephone: (310) 557-2900
Facs1mile: (3 10) 557-2 193
Lee M. Popkin (admitted pro hac vice)
1 opkin proskauemom
5. Jenni er Yang (admitted pro hac vice)
Jyang proskauer.com
PROS UER ROSE LLP
11 Times Square
New York, NY 10036
10 Telephone: (212) 969-3000
Facs1mile: (212) 969-2900
'1
1
Attorneys for Defendants
12 MONSANTO COMPANY AND CROWN ACE
HARDWARE
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF SAN BERNARDINO
15 DONNETTA STEPHENS, Case No. CIVSBZ 104801
16
Plaintifi‘ DECLARATION OF SHAWN S.
LEDINGHAM, JR. IN SUPPORT 0F
vs. DEFENDANTS’ MOTION IN LIMINE NO.
17
N0. l TO EXCLUDE EVIDENCE,
MONSANTO COMPANY, WILBUR-ELLIS ARGUNIENT, AND REFERENCE TO
18 NUTRITION, LLC AND CROWN ACE LOBBYING ACTIVITY AND GENERATION
HARDWARE, OF SUPPORT FOR REGISTRATION OF
19 GLYPHOSATE
Defendants.
20 Judge: Hon. Gilbert G. Ochoa
Dept: SZ4-SBJC
21 Complaint Filed: August 4, 2020
Trial Date: July l9, 2021
22 Hearing Date: July 15, 2021
Time: 9:00 am.
23
24
25
26
27
28
DECLARATION OF SHAWN S. LEDINGHAM, JR. IN SUPPORT OF DEFENDANTS’ MOTION IN LIMINE
NO. l TO EXCLUDE EVIDENCE, ARGUMENT, AND REFERENCE TO LOBBYING ACTIVITY AND
GENERATION 0F SUPPORT FOR REGISTRATION 0F GLYPHOSATE
DECLARATION OF SHAWN S. LEDINGHAM, JR.
I, Shawn S. Ledingham, declare as follows:
1. I am an attorney at law admitted to practice before all of the courts in the state of
California. I am an attorney with the law firm Proskauer Rose LLP, counsel of record for
Defendants Monsanto Company and Crown Ace Hardware (collectively, “Defendants”) in the
above-referenced action. I am over eighteen years of age and am fully competent to make this
Declaration in support of Defendants’ Motion in Limine No. 1 to Exclude Evidence, Argument, and
Reference to Lobbying Activity and Generation of Support for Registration of Glyphosate. Except
Where otherwise stated, I have personal knowledge of the following, and if called upon to testify as a
'10
witness, I could and would competently testify to the matters stated herein.
1'1
2. The Motion seeks to preclude Plaintiff Donnetta Stephens, her attorneys, and
12 witnesses from offering or mentioning evidence 0r argument regarding Monsanto’s lobbying
13 activity, interactions with Congress or trade associations, and generation of support for the
14 registration 0f Roundup®, and any argument that such activities are evidence 0f allegedly nefarious
15 conduct. Ifthe Motion is not granted, Defendants will be prejudiced because irrelevant and
16 otherwise inadmissible evidence, testimony and/or argument may be presented to the jury, impairing
17 the jury’s ability to render a verdict based on the evidence in this case. Without an order excluding
18 such materials, the jury might render its decision based on constitutionally protected activities that
19 do not bear on Whether Roundup® caused Plaintiff” s claimed injuries.
20 3. Attached hereto as Exhibit A are relevant excerpts of a true and correct copy 0f the
January 2021 Expen Report of Chaxles Benbrook, Plaintiff s retained regulatory expert, submitted
in
21
22 In re: Roundup Products Liability Litigation, United States District Court for the Northern District
23 of California Case No. 16-md—02741-VC.
24 4. Pursuant to Rule 41 5 of the Local Rules 0f Court of the Superior Court of California,
25 County of San Bemardino, Imet and conferred with Plaintiff’s counsel regarding the subject of the
26 Motion on June 15 and June 22, 2021. Plaintiff” s counsel has refused to stipulate that such matter
27 Will not be mentioned or displayed in the presence of the jury unless and until it is admitted in
28 evidence.
_ 1 _
DECLARATION OF SHAWN S. LEDINGHAM, JR. IN SUPPORT OF DEFENDANTS’ MOTION INLIMINE
NO. l TO EXCLUDE EVIDENCE, ARGUMENT, AND REFERENCE TO LOBBYING ACTIVITY AND
GENERATION OF SUPPORT FOR REGISTRATION OF GLYPHOSATE
Document Filed Date
July 02, 2021
Case Filing Date
August 14, 2020
Category
Product Liability Unlimited
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V (5F4’éata‘zNa/5xil... «win \ba. \r ‘ F l L E D bUPERIOR COURT o'r» EALIFQRNJA CQUNTY 0F SAN BERNARDINO Bart H. Williams (State Bar No. 134009) AN BERNARDINO 0:3‘3‘9102‘ \ fl bwilliams proskauemom Manuel F. achén (State Bar No. 216987) JUL 0 2 2021 mcachan proskauemom Shawn S. dingham, Jr. (State Bar No. 275268) sledmgham proskauemom 8v “mytgw __~> PROSKAU -R ROSE LLP j 2029 Century Park East DEPUTY Suite 2400 L05 Angeles, CA 90067 Telephone: (310) 557-2900 Facs1mile: (3 10) 557-2 193 Lee M. Popkin (admitted pro hac vice) 1 opkin proskauemom 5. Jenni er Yang (admitted pro hac vice) Jyang proskauer.com PROS UER ROSE LLP 11 Times Square New York, NY 10036 10 Telephone: (212) 969-3000 Facs1mile: (212) 969-2900 '1 1 Attorneys for Defendants 12 MONSANTO COMPANY AND CROWN ACE HARDWARE 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SAN BERNARDINO 15 DONNETTA STEPHENS, Case No. CIVSBZ 104801 16 Plaintifi‘ DECLARATION OF SHAWN S. LEDINGHAM, JR. IN SUPPORT 0F vs. DEFENDANTS’ MOTION IN LIMINE NO. 17 N0. l TO EXCLUDE EVIDENCE, MONSANTO COMPANY, WILBUR-ELLIS ARGUNIENT, AND REFERENCE TO 18 NUTRITION, LLC AND CROWN ACE LOBBYING ACTIVITY AND GENERATION HARDWARE, OF SUPPORT FOR REGISTRATION OF 19 GLYPHOSATE Defendants. 20 Judge: Hon. Gilbert G. Ochoa Dept: SZ4-SBJC 21 Complaint Filed: August 4, 2020 Trial Date: July l9, 2021 22 Hearing Date: July 15, 2021 Time: 9:00 am. 23 24 25 26 27 28 DECLARATION OF SHAWN S. LEDINGHAM, JR. IN SUPPORT OF DEFENDANTS’ MOTION IN LIMINE NO. l TO EXCLUDE EVIDENCE, ARGUMENT, AND REFERENCE TO LOBBYING ACTIVITY AND GENERATION 0F SUPPORT FOR REGISTRATION 0F GLYPHOSATE DECLARATION OF SHAWN S. LEDINGHAM, JR. I, Shawn S. Ledingham, declare as follows: 1. I am an attorney at law admitted to practice before all of the courts in the state of California. I am an attorney with the law firm Proskauer Rose LLP, counsel of record for Defendants Monsanto Company and Crown Ace Hardware (collectively, “Defendants”) in the above-referenced action. I am over eighteen years of age and am fully competent to make this Declaration in support of Defendants’ Motion in Limine No. 1 to Exclude Evidence, Argument, and Reference to Lobbying Activity and Generation of Support for Registration of Glyphosate. Except Where otherwise stated, I have personal knowledge of the following, and if called upon to testify as a '10 witness, I could and would competently testify to the matters stated herein. 1'1 2. The Motion seeks to preclude Plaintiff Donnetta Stephens, her attorneys, and 12 witnesses from offering or mentioning evidence 0r argument regarding Monsanto’s lobbying 13 activity, interactions with Congress or trade associations, and generation of support for the 14 registration 0f Roundup®, and any argument that such activities are evidence 0f allegedly nefarious 15 conduct. Ifthe Motion is not granted, Defendants will be prejudiced because irrelevant and 16 otherwise inadmissible evidence, testimony and/or argument may be presented to the jury, impairing 17 the jury’s ability to render a verdict based on the evidence in this case. Without an order excluding 18 such materials, the jury might render its decision based on constitutionally protected activities that 19 do not bear on Whether Roundup® caused Plaintiff” s claimed injuries. 20 3. Attached hereto as Exhibit A are relevant excerpts of a true and correct copy 0f the January 2021 Expen Report of Chaxles Benbrook, Plaintiff s retained regulatory expert, submitted in 21 22 In re: Roundup Products Liability Litigation, United States District Court for the Northern District 23 of California Case No. 16-md—02741-VC. 24 4. Pursuant to Rule 41 5 of the Local Rules 0f Court of the Superior Court of California, 25 County of San Bemardino, Imet and conferred with Plaintiff’s counsel regarding the subject of the 26 Motion on June 15 and June 22, 2021. Plaintiff” s counsel has refused to stipulate that such matter 27 Will not be mentioned or displayed in the presence of the jury unless and until it is admitted in 28 evidence. _ 1 _ DECLARATION OF SHAWN S. LEDINGHAM, JR. IN SUPPORT OF DEFENDANTS’ MOTION INLIMINE NO. l TO EXCLUDE EVIDENCE, ARGUMENT, AND REFERENCE TO LOBBYING ACTIVITY AND GENERATION OF SUPPORT FOR REGISTRATION OF GLYPHOSATE