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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BaljtH. Williams (State Bar No. 134009)
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BERNARDINO DISTRICT
.
Manuel F. achén (State Bar No. 216987)
mcachan prqskauemom JUL 62 202!
Shawn S. dmgham, Jr. (State Bar No. 275268)
sledlngham , roskauer.com
PROSKA IE ROSE LLP BY
“\JLF‘QVI
2029 Century Park East
Suite 2400
Los Angeles, CA 90067
Telephone: (3 1 0) 557-2900
Facs1mile: (3 10) 557-2193
\OOOQONUI-b
Lee M. Popkin (admitted pro hac vice)
1 opkm proskauemom
1
.Jenni er Yang (admitted pro hac vice)
jyang proskauer.com
PROS AUER ROSE LLP
11 Times S uare
New York, 10036
10
Telephone: (212) 969-3000
Fac31mile: (212) 969-2900
11
Attorneys for Defendants
12 MONSANTO COMPANY AND CROWN ACE
HARDWARE
13
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
14 COUNTY OF SAN BERNARDINO
15 DONNETTA STEPHENS, Case N0. CIVSBZ 1 04801
16 Plaintiff DECLARATION OF SHAWN S.
vs.
LEDINGHAM, JR. IN SUPPORT OF
17 DEFENDANTS’ MOTION IN LIMINE NO.
14 TO EXCLUDE REFERENCE TO A
MONSANTO COMPANY, WILBUR-ELLIS “MAGIC” TUMOR
18
AND CROWN ACE
NUTRITION, LLC
HARDWARE, Judge: Hon. Gilbert G. Ochoa
19
Dept: SZ4-SBJC
Defendants.
20 Complaint Filed: August 4, 2020
Trial Date: July 19, 2021
Hearing Date: July 15, 2021
21
Time: 9:00 am.
22
23
24
25
26
27
28
-1-
DECLARATION OF SHAWN S. LEDINGHAM, JR. IN SUPPORT OF DEFENDANTS’
MOTION INLIJMINE
NO. l4 TO EXCLUDE REFERENCE TO A “MAGIC TUMOR”
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. Iam over eighteen years of age and am fully competent to make this
Declaration in support 0f Defendants’ Motion in
Limine No. 14 to Exclude Reference to a
“Magic” Tumor. Except Where otherw
ise stated, I have personal knowledge 0f the following, and
if called upon to testify as a witness, I could and would competently testify to the matter
s stated
10 herein.
11 2. The Motion seeks to preclude Plaintiff Donnetta Stephens, her
attorneys, and
12 witnesses from offering or referencing the results
0f the 1983 Bio/dynamics mouse study as
13 involving a “magic” tumor. If the Motion is not granted, Defendants will be prejudiced becaus
e
14 irrelevant, inflammatory and unduly prejudicial testimony and/or argument may be presented to
15 the jury, impairing the jury’s ability to render a verdict
based on the evidence in this case. The
16 phrase “magic” tumor is an inflammatory phrase coined by Plaintist agricultural econom
ist
17 solely for purposes of this litigation. The term and its implications are irrelevant, inflammatory,
18 and prejudicial.
19 3. Attached hereto as Exhibit A is a true and correct copy of a February 24, 1986
20 Scientific Advisory Panel Report (EPA_02241986-001-
006). A copy of this exhibit was obtained
21 at my direction by employees of my firm from the litigation files in this matter.
22 4. Attached hereto as Exhibit B is a true and correct copy of excerpts from the
23 deposition of Charles Benbrook, taken in Johnson v. Monsanto C0,, No. CGC-16-550128, dated
24 February 8—9, 2018. A copy of this exhibit was obtained at my direction by employees of my firm
from the litigation files in this matter.
26 5. Attached hereto as Exhibit C is a true and correct copy 0f excerpts from the January
27 20, 2021 Expert Report of Charles Benbrook for Cervantes v. Monsanto Company, Northern
28
-2-
DECLARATION OF SHAWN S. LEDINGHAM, JR. 1N SUPPORT 0F DEFENDANTS
’ MOTION INLIMINE
N0. l4 TO EXCLUDE REFERENCE TO A “MAGIC TUMOR”
Document Filed Date
July 02, 2021
Case Filing Date
August 14, 2020
Category
Product Liability Unlimited
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F L superuOR CCL'RT l 7 D BaljtH. Williams (State Bar No. 134009) 5'."- c M um - Csownv 0F SAN BERr'u‘KRDIsBlA bw1111ams roskauer.com . BERNARDINO DISTRICT . Manuel F. achén (State Bar No. 216987) mcachan prqskauemom JUL 62 202! Shawn S. dmgham, Jr. (State Bar No. 275268) sledlngham , roskauer.com PROSKA IE ROSE LLP BY “\JLF‘QVI 2029 Century Park East Suite 2400 Los Angeles, CA 90067 Telephone: (3 1 0) 557-2900 Facs1mile: (3 10) 557-2193 \OOOQONUI-b Lee M. Popkin (admitted pro hac vice) 1 opkm proskauemom 1 .Jenni er Yang (admitted pro hac vice) jyang proskauer.com PROS AUER ROSE LLP 11 Times S uare New York, 10036 10 Telephone: (212) 969-3000 Fac31mile: (212) 969-2900 11 Attorneys for Defendants 12 MONSANTO COMPANY AND CROWN ACE HARDWARE 13 SUPERIOR COURT OF THE STATE 0F CALIFORNIA 14 COUNTY OF SAN BERNARDINO 15 DONNETTA STEPHENS, Case N0. CIVSBZ 1 04801 16 Plaintiff DECLARATION OF SHAWN S. vs. LEDINGHAM, JR. IN SUPPORT OF 17 DEFENDANTS’ MOTION IN LIMINE NO. 14 TO EXCLUDE REFERENCE TO A MONSANTO COMPANY, WILBUR-ELLIS “MAGIC” TUMOR 18 AND CROWN ACE NUTRITION, LLC HARDWARE, Judge: Hon. Gilbert G. Ochoa 19 Dept: SZ4-SBJC Defendants. 20 Complaint Filed: August 4, 2020 Trial Date: July 19, 2021 Hearing Date: July 15, 2021 21 Time: 9:00 am. 22 23 24 25 26 27 28 -1- DECLARATION OF SHAWN S. LEDINGHAM, JR. IN SUPPORT OF DEFENDANTS’ MOTION INLIJMINE NO. l4 TO EXCLUDE REFERENCE TO A “MAGIC TUMOR” 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. Iam over eighteen years of age and am fully competent to make this Declaration in support 0f Defendants’ Motion in Limine No. 14 to Exclude Reference to a “Magic” Tumor. Except Where otherw ise stated, I have personal knowledge 0f the following, and if called upon to testify as a witness, I could and would competently testify to the matter s stated 10 herein. 11 2. The Motion seeks to preclude Plaintiff Donnetta Stephens, her attorneys, and 12 witnesses from offering or referencing the results 0f the 1983 Bio/dynamics mouse study as 13 involving a “magic” tumor. If the Motion is not granted, Defendants will be prejudiced becaus e 14 irrelevant, inflammatory and unduly prejudicial testimony and/or argument may be presented to 15 the jury, impairing the jury’s ability to render a verdict based on the evidence in this case. The 16 phrase “magic” tumor is an inflammatory phrase coined by Plaintist agricultural econom ist 17 solely for purposes of this litigation. The term and its implications are irrelevant, inflammatory, 18 and prejudicial. 19 3. Attached hereto as Exhibit A is a true and correct copy of a February 24, 1986 20 Scientific Advisory Panel Report (EPA_02241986-001- 006). A copy of this exhibit was obtained 21 at my direction by employees of my firm from the litigation files in this matter. 22 4. Attached hereto as Exhibit B is a true and correct copy of excerpts from the 23 deposition of Charles Benbrook, taken in Johnson v. Monsanto C0,, No. CGC-16-550128, dated 24 February 8—9, 2018. A copy of this exhibit was obtained at my direction by employees of my firm from the litigation files in this matter. 26 5. Attached hereto as Exhibit C is a true and correct copy 0f excerpts from the January 27 20, 2021 Expert Report of Charles Benbrook for Cervantes v. Monsanto Company, Northern 28 -2- DECLARATION OF SHAWN S. LEDINGHAM, JR. 1N SUPPORT 0F DEFENDANTS ’ MOTION INLIMINE N0. l4 TO EXCLUDE REFERENCE TO A “MAGIC TUMOR”