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
Bart H. Williams (State Bar No. 134009) ‘ Fl L E
bwilliams roskauer.com b%%ERIOR COURT OF CDALIFURHIA
Manuel F. achén (State Bar No. 216987) UNTY OF SAN BERNARDINO
S AN BERNARDINO
mcachan proskauer.com DISTRICT
Shawn S. dingham, Jr. (State Bar No. 275268)
sledingham roskauer.com JUL 1'3
2 2021
PROSKA ROSE LLP
2029 Century Park East
BY 7K1}; g! 1
Suite 2400
Los Angeles, CA 90067
Telephone: (3 10) 557-2900
0 DEPUTY
FaCSImile: (3 10) 557-2193
Lee M. P0pkin (admitted pro hac vice)
1 opkin proskauer.com
. Jenni er Yang (admitted pro hac vice)
jyang proskauer.com
PROS AUER ROSE LLP
11 Times S uare
New York, 10036
10 Telephone: (2 1 2) 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. CIVSB210480]
16
Plaintiff DECLARATION OF SHAWN S.
LEDINGHAM, JR. IN SUPPORT OF
'17
vs. DEFENDANTS’ MOTION IN LIMINE NO.
3 TO EXCLUDE E-MAIL AUTHORED BY
MONSANTO COMPANY, WILBUR-ELLIS NON-EMPLOYEE AND FORVVARDED BY
18 AND CROWN ACE
NUTRITION, LLC MONSANTO SALES ACCOUNT
HARDWARE, MANAGER STEVE GOULD
19
Defendants .
Judge: Hon. Gilbert G. Ochoa
20 Dept: SZ4-SBJC
Complaint Filed: August 4, 2020
21 Trial Date: July 19, 2021
Hearing Date: July 15, 2021
22 Time: 9:00 am.
23
24
25
26
27
28
DECLARATION 0F SHAWN S. LEDINGHAM, JR. IN SUPPORT 0F DEFENDANTS’ MOTION IN LIMINE
N0. 3 T0 EXCLUDE E-MAIL AUTHORED BY NON—EMPLOYEE AND FORWARDED BY MONSANTO
SALES ACCOUNT MANAGER STEVE GOULD
DECLARATION OF SHAWN S. LEDINGHAM, JR.
I, Shawn S. Ledingham, declare as follows:
1. 1am an attorney at law admitted to practice before all of the courts in the state of
California. lam an attorney with the law firm Proskauer Rose LLP, counsel of record for
Defendants Monsanto Company and Crown Ace Hardware (collectively, “Defendants”) in the
KOWVONUI-b- 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. 3 to Exclude E—mail Authored by
Non-Employee and Forwarded to Monsanto Sales Account Manager Steve Gould. Except Where
otherwise stated, Ihave personal knowledge of the following, and if called upon to testify as a
10 Witness, Icould and would competently testify to the matters stated herein.
11 2. The Motion seeks to preclude Plaintiff Donnetta Stephens, her attorneys, and
12 witnesses from offering or referencing a September 10, 201 5 e-mail that was authored by a non-
13 Monsanto employee and forwarded by Monsanto sales account manager Steve Gould. If the
14 Motion is not granted, Defendants will be prejudiced because irrelevant and otherwise
15 inadmissible evidence, testimony and/or argument may be presented to the jury, impairing the
16 jury’s ability to render a verdict based on the evidence in this case. Introducing the e-mail, which
17 contains the opinion of an employee of the Wilbur-Ellis Company that Californians suggesting
’7 cc
18 glyphosate is carcinogenic are “liberals, morons,” and “zombie[s],” and that funher references
19 the 2016 elections, substantially prejudice Defendants with no probative value.
20 3. Attached hereto as Exhibit A is a true and correct copy of a September 10, 2015
21 email forwarded by S. Gould (MONGLYO7 120036-3 8). A copy of this exhibit was obtained at
22 my direction by employees 0f my firm from the litigation files in this matter.
23 4. Attached hereto as Exhibit B is a true and correct copy of excerpts from the pre-tfial
24 and trial proceedings in Johnson v. Monsanto C0. Superior Court 0f the
,
State of California for the
25 County of San Francisco Case N0. CGC-16-550128. A copy of this exhibit was obtained at my
26 direction by employees 0f my firm from the litigation files in this matter.
27 5. Pursuant to Rule 415 of the Local Rules 0f Court of the Supen'or Court 0f
28 California, County 0f San Bernardino, I met and conferred with Plaintiff’s counsel regarding the
_ 1 _
DECLARATION OF SHAWN S. LEDINGHAM, JR. IN SUPPORT OF DEFENDANTS’ MOTION INLIMINE
NO. 3 TO EXCLUDE E-MAIL AUTHORED BY NON—EMPLOYEE AND FORVVARDED BY MONSANTO
SALES ACCOUNT MANAGER STEVE GOULD
Document Filed Date
July 02, 2021
Case Filing Date
August 14, 2020
Category
Product Liability Unlimited
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Bart H. Williams (State Bar No. 134009) ‘ Fl L E bwilliams roskauer.com b%%ERIOR COURT OF CDALIFURHIA Manuel F. achén (State Bar No. 216987) UNTY OF SAN BERNARDINO S AN BERNARDINO mcachan proskauer.com DISTRICT Shawn S. dingham, Jr. (State Bar No. 275268) sledingham roskauer.com JUL 1'3 2 2021 PROSKA ROSE LLP 2029 Century Park East BY 7K1}; g! 1 Suite 2400 Los Angeles, CA 90067 Telephone: (3 10) 557-2900 0 DEPUTY FaCSImile: (3 10) 557-2193 Lee M. P0pkin (admitted pro hac vice) 1 opkin proskauer.com . Jenni er Yang (admitted pro hac vice) jyang proskauer.com PROS AUER ROSE LLP 11 Times S uare New York, 10036 10 Telephone: (2 1 2) 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. CIVSB210480] 16 Plaintiff DECLARATION OF SHAWN S. LEDINGHAM, JR. IN SUPPORT OF '17 vs. DEFENDANTS’ MOTION IN LIMINE NO. 3 TO EXCLUDE E-MAIL AUTHORED BY MONSANTO COMPANY, WILBUR-ELLIS NON-EMPLOYEE AND FORVVARDED BY 18 AND CROWN ACE NUTRITION, LLC MONSANTO SALES ACCOUNT HARDWARE, MANAGER STEVE GOULD 19 Defendants . Judge: Hon. Gilbert G. Ochoa 20 Dept: SZ4-SBJC Complaint Filed: August 4, 2020 21 Trial Date: July 19, 2021 Hearing Date: July 15, 2021 22 Time: 9:00 am. 23 24 25 26 27 28 DECLARATION 0F SHAWN S. LEDINGHAM, JR. IN SUPPORT 0F DEFENDANTS’ MOTION IN LIMINE N0. 3 T0 EXCLUDE E-MAIL AUTHORED BY NON—EMPLOYEE AND FORWARDED BY MONSANTO SALES ACCOUNT MANAGER STEVE GOULD DECLARATION OF SHAWN S. LEDINGHAM, JR. I, Shawn S. Ledingham, declare as follows: 1. 1am an attorney at law admitted to practice before all of the courts in the state of California. lam an attorney with the law firm Proskauer Rose LLP, counsel of record for Defendants Monsanto Company and Crown Ace Hardware (collectively, “Defendants”) in the KOWVONUI-b- 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. 3 to Exclude E—mail Authored by Non-Employee and Forwarded to Monsanto Sales Account Manager Steve Gould. Except Where otherwise stated, Ihave personal knowledge of the following, and if called upon to testify as a 10 Witness, Icould and would competently testify to the matters stated herein. 11 2. The Motion seeks to preclude Plaintiff Donnetta Stephens, her attorneys, and 12 witnesses from offering or referencing a September 10, 201 5 e-mail that was authored by a non- 13 Monsanto employee and forwarded by Monsanto sales account manager Steve Gould. If the 14 Motion is not granted, Defendants will be prejudiced because irrelevant and otherwise 15 inadmissible evidence, testimony and/or argument may be presented to the jury, impairing the 16 jury’s ability to render a verdict based on the evidence in this case. Introducing the e-mail, which 17 contains the opinion of an employee of the Wilbur-Ellis Company that Californians suggesting ’7 cc 18 glyphosate is carcinogenic are “liberals, morons,” and “zombie[s],” and that funher references 19 the 2016 elections, substantially prejudice Defendants with no probative value. 20 3. Attached hereto as Exhibit A is a true and correct copy of a September 10, 2015 21 email forwarded by S. Gould (MONGLYO7 120036-3 8). A copy of this exhibit was obtained at 22 my direction by employees 0f my firm from the litigation files in this matter. 23 4. Attached hereto as Exhibit B is a true and correct copy of excerpts from the pre-tfial 24 and trial proceedings in Johnson v. Monsanto C0. Superior Court 0f the , State of California for the 25 County of San Francisco Case N0. CGC-16-550128. A copy of this exhibit was obtained at my 26 direction by employees 0f my firm from the litigation files in this matter. 27 5. Pursuant to Rule 415 of the Local Rules 0f Court of the Supen'or Court 0f 28 California, County 0f San Bernardino, I met and conferred with Plaintiff’s counsel regarding the _ 1 _ DECLARATION OF SHAWN S. LEDINGHAM, JR. IN SUPPORT OF DEFENDANTS’ MOTION INLIMINE NO. 3 TO EXCLUDE E-MAIL AUTHORED BY NON—EMPLOYEE AND FORVVARDED BY MONSANTO SALES ACCOUNT MANAGER STEVE GOULD