On August 14, 2020 a
Motion-Secondary
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
‘0 a W'.’"""'”flfl'l’l"!‘£"fl’l""!""'“"'_
Joe G. Hollingsworth (appearance pro hac vice)
Eric G. Lasker (appearance pro hac vice)
Manin C Calhoun (appearanc‘c pr o hac vice)
HOLLINGSWORTH LLP
W
ILED
ALAM‘EDA COUNTY
1350 I Street, N.
kw Washington, DC 20005
Telephone: (202) 898-5800 OCT 3 0 2020 ‘
'
Facsimile: (202) 682-1639 '
, jhollingsworth@hollingsworthl]p.com CLERK 0F THE s .
elasker@hollingsworthllpcom By Deputy
FAX mcalhqun@hollingsworthllp.com
\OOOQOU‘
Sandra A. Edwards (State Bar No. 154578)
WINSTON & STRAWN LLP
BY 101 California Street, 34th Floor
San FranciSco, CA 941 1 1-5840
Telephone: (415) 591-1000
Facsimile: (415) 591-1400
sedwards@winston com
Attorneys for Defendant MONSANTO
COMPANY
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
FOR THE COUNTY OF ALAMEDA
COORDINATION PROCEEDING SPECIAL JCCPNOAQV SB 2.1 0‘! 80 1
TITLE (RULE 3.550) . -
ASSIGNED FOR ALL PURPOSES Io
ROUNDUP PRODUCT CASES JUDGE WINIFRED SMITH
DEPARTMENT 21
THIS DOCUMENT RELATES TO: DECLARATION 0F KENNETH MILLER,
M.D. IN SUPPORT 0F DEFENDANT
Donnetfa Stephens v. Monsanto Company et MONSANTO COMPANY'S OPPOSITION
al.. (San Francisco County Superior Court,
To PLAINTIFF DONNETTA STEPHENS’
Case No. CGC— 20- 585764)
Reservation IDS R- 221 3248
November 2020
'
Hearing Date: 13,
'
Time: 10: 00 am
Place: ‘
Department 21
MD. ISO Monsanto‘s Opp. To Plaintiff Donnena Stephens’ Motion for Trial Preference
Declaration of Kenneth Miller,
‘0 V
fl I, KennethB. Miller, M. D., declare as follows.
'
1. I am over 18 years old. If called to testify, I could and would competently testify to
the statements and opinions set forth below.
2. This declaration is based on. my knowledge, eaucation, training, and experience. I
hold all ppinions expressed 'm it to a reasonable degree'of mediéal and scientific certainty. In
OOOQGMADJN
preparing my declaration,'1 have reviewed pertinent literature, medical records of Ms. Don'nctta
Stephens, and the October '10, 2020 declaration of Ms. Stephens.
I"
reserve the right to supfilement or
'
amend my opihions if additional médical-records or other information come to my attention.
3. I a'm a practicing ‘hematologist, Associaté Chief of Hematology/Onco‘logy, a_nd
Professor of'Medicine at the Tufts Medical Center and Tufts University School of Medicine.
I
received my MD. from the .New York Medical College, completed my internship and medical
residency' at'the New York University Medical Center, and completed my fellowship id hematology
at the NewEngland Medical Center Hospital. I became board certified in Internal Medicine in .1976'
and Hematology in 1980'. I became an Assistant Professor of Medicine at Tufis University School of
Medicine in 1979.,
and was promoted to Associate 'Profeésor in 1989 and Full Professor in 2000.
“’NN—b—‘r—Iflu—n‘HIHp—Ao—nb—
From 2000-2003, I was an Instguctor in Medicine at Harvard Medical School and, from 2003-2007, 1
Was an Associate Professor of Medicine at the same institution. Prior to becoming Associate Chief
of Hematology/Oncology at Tufts Medical Center in 2009, I was the Director of Clinical
‘
Hematology at Beth Israel Deaconess Medical Center. I have been a reviewer for multiple
journals—including Cancer, Leukemia and Lymphoma, the Journal of the American Medical
g-B‘ax’fi'fiBNpooooqo‘mpuN—o
Association, and the New Englana Journal of Medicine—since 1985.
4. For more than fdrty years,VI have served as an attending physician in
Hematology/Oncology, specializing in bone marrow and stem cell transplants, at thé New England
Medical Center Hospital, Beth Israel Deaconess Medical Center, and Tufis University Medical
Center. During this time, my practice has been focused primarily on the care of patients with
hematological malignancies, including sub-typcs of non-Hodgkin’s lymphoma (NHL). Throughout
medical career, have participated
'm the diagnosis and treatment? of hundreds of NHL patients,
my I
including patients with aggressiye NHL sub-types that requirc bone marrow or stem Cell transplants
M.D. [SQ Monsanto's Opp. Plaintiff Don‘nena Stephens’ Motion for Trial Preference
Declaration ochnneth Miller, 'lfo
Document Filed Date
October 30, 2020
Case Filing Date
August 14, 2020
Category
Product Liability Unlimited
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Preview
‘0 a W'.’"""'”flfl'l’l"!‘£"fl’l""!""'“"'_ Joe G. Hollingsworth (appearance pro hac vice) Eric G. Lasker (appearance pro hac vice) Manin C Calhoun (appearanc‘c pr o hac vice) HOLLINGSWORTH LLP W ILED ALAM‘EDA COUNTY 1350 I Street, N. kw Washington, DC 20005 Telephone: (202) 898-5800 OCT 3 0 2020 ‘ ' Facsimile: (202) 682-1639 ' , jhollingsworth@hollingsworthl]p.com CLERK 0F THE s . elasker@hollingsworthllpcom By Deputy FAX mcalhqun@hollingsworthllp.com \OOOQOU‘ Sandra A. Edwards (State Bar No. 154578) WINSTON & STRAWN LLP BY 101 California Street, 34th Floor San FranciSco, CA 941 1 1-5840 Telephone: (415) 591-1000 Facsimile: (415) 591-1400 sedwards@winston com Attorneys for Defendant MONSANTO COMPANY SUPERIOR COURT OF THE STATE 0F CALIFORNIA FOR THE COUNTY OF ALAMEDA COORDINATION PROCEEDING SPECIAL JCCPNOAQV SB 2.1 0‘! 80 1 TITLE (RULE 3.550) . - ASSIGNED FOR ALL PURPOSES Io ROUNDUP PRODUCT CASES JUDGE WINIFRED SMITH DEPARTMENT 21 THIS DOCUMENT RELATES TO: DECLARATION 0F KENNETH MILLER, M.D. IN SUPPORT 0F DEFENDANT Donnetfa Stephens v. Monsanto Company et MONSANTO COMPANY'S OPPOSITION al.. (San Francisco County Superior Court, To PLAINTIFF DONNETTA STEPHENS’ Case No. CGC— 20- 585764) Reservation IDS R- 221 3248 November 2020 ' Hearing Date: 13, ' Time: 10: 00 am Place: ‘ Department 21 MD. ISO Monsanto‘s Opp. To Plaintiff Donnena Stephens’ Motion for Trial Preference Declaration of Kenneth Miller, ‘0 V fl I, KennethB. Miller, M. D., declare as follows. ' 1. I am over 18 years old. If called to testify, I could and would competently testify to the statements and opinions set forth below. 2. This declaration is based on. my knowledge, eaucation, training, and experience. I hold all ppinions expressed 'm it to a reasonable degree'of mediéal and scientific certainty. In OOOQGMADJN preparing my declaration,'1 have reviewed pertinent literature, medical records of Ms. Don'nctta Stephens, and the October '10, 2020 declaration of Ms. Stephens. I" reserve the right to supfilement or ' amend my opihions if additional médical-records or other information come to my attention. 3. I a'm a practicing ‘hematologist, Associaté Chief of Hematology/Onco‘logy, a_nd Professor of'Medicine at the Tufts Medical Center and Tufts University School of Medicine. I received my MD. from the .New York Medical College, completed my internship and medical residency' at'the New York University Medical Center, and completed my fellowship id hematology at the NewEngland Medical Center Hospital. I became board certified in Internal Medicine in .1976' and Hematology in 1980'. I became an Assistant Professor of Medicine at Tufis University School of Medicine in 1979., and was promoted to Associate 'Profeésor in 1989 and Full Professor in 2000. “’NN—b—‘r—Iflu—n‘HIHp—Ao—nb— From 2000-2003, I was an Instguctor in Medicine at Harvard Medical School and, from 2003-2007, 1 Was an Associate Professor of Medicine at the same institution. Prior to becoming Associate Chief of Hematology/Oncology at Tufts Medical Center in 2009, I was the Director of Clinical ‘ Hematology at Beth Israel Deaconess Medical Center. I have been a reviewer for multiple journals—including Cancer, Leukemia and Lymphoma, the Journal of the American Medical g-B‘ax’fi'fiBNpooooqo‘mpuN—o Association, and the New Englana Journal of Medicine—since 1985. 4. For more than fdrty years,VI have served as an attending physician in Hematology/Oncology, specializing in bone marrow and stem cell transplants, at thé New England Medical Center Hospital, Beth Israel Deaconess Medical Center, and Tufis University Medical Center. During this time, my practice has been focused primarily on the care of patients with hematological malignancies, including sub-typcs of non-Hodgkin’s lymphoma (NHL). Throughout medical career, have participated 'm the diagnosis and treatment? of hundreds of NHL patients, my I including patients with aggressiye NHL sub-types that requirc bone marrow or stem Cell transplants M.D. [SQ Monsanto's Opp. Plaintiff Don‘nena Stephens’ Motion for Trial Preference Declaration ochnneth Miller, 'lfo