Preview
C. Russell Georgeson, SBN 53589
Richard A. Belardinelli, SBN 065168
GEORGESON AND BELARDINELLI
7060 N. Fresno Street, Suite 250 E-Filed
Fresno, California 93720 10/24/18
Telephone: (559) 447-8800 Fresno County Superior Court
Facsimile: (559) 447-0747 By: K.Daves, Deputy
Justin T. Campagne, SBN 211825
Law Firm of Campagne & Campagne
A Professional Corporation
Airport Office Center
1685 N. Helm Avenue
Fresno, California 93727
Telephone: (559) 255-1637
Facsimile: (559) 252-9617
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Attomeys for Plaintiff and Cross-Defendant, RICHARD BEST TRANSFER, INC. and Cross4
li Defendant, CHARLES LITTLEFIELD
12
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF FRESNO
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15
16 LRICHARD BEST TRANSFER, INC., A Case No.: 17€ECG01022
California Corporation,
17 DECLARATION OF C, RUSSELL
Plaintiff, GEORGESON IN OPPOSIT?ON TO
18 VS. ARCHER DANIELS MIDLAND
ARCHER. DANIELS MIDLAND COMPANY’S MOTION TO COMPEL
19
COMPANY, A Delaware Corporation; FURTHER RESPONSES TO REQUEST
NATASHA DUKES, an individual; FOR PRODUCTION OF DOCUMENTS,
20
SHAWN SAWA, an individual; AMBER M. SET ONE; AND REQUEST FOR
21 ROSE aka AMBER M. SAWA, an MONETARY SANCTIONS
individual; and DOES 1-25, inclusive,
22
Defendants.
23
Date: November 6, 2018
24 ARCHER DANIELS MIDLAND Time: 3:30 p.m.
COMPANY, A Delaware Corporation, Dept.: 503
25
26 Cross-Complainant,
VS.
27 RICHARD BEST TRANSFER, INC., A
California Corporation; PORT OF IVORY,
28 )
Page 1
LLC, A California Limited Liability )
Company; RICHARD BEST, an individual; )
WYATT BEST, an individual; SHAWN
SAWA, an individual, and doing business as )
AMR CONSULTING; AMBER MARIE
ROSE SAWA, an individual, and doing )
business as AMR CONSULTING;
THOMAS SCAIFF, an individual, and doing )
business as SCAIFE COMMODITIES;
CHARLES LITTLEFIELD, an individual;
NATASHA DUKES, an individual; and
ROES 1-25, inclusive,
Cross-Defendants.
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I, C. Russeil Georgeson, declare as follows:
il
1 Tam an attorney at law licensed to practice in the State of California. [ am a partney
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of the law firm of Georgeson and Belardinelli, attorney of record for Plaintiff and Cross
3a
Defendant, RICHARD BEST TRANSFER, INC. (hereinafter “RBT”) and Cross-Defendant.
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CHARLES LITTLEFIELD (heteinafter “Littlefield”), in the above.entitled matter. I have personal
16 knowledge of the facts-set forth in this declaration and if called-as a witness, could and would!
17 | testify competently to such facts under oath.
18 22, lL agreed to attempt to produce the responsive documents to Defendant and Cross
19 Complainant ARCHER DANIELS MIDLAND COMPANY’s (“ADM”) Request for Production]
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of Documents, Set One,on Richard Best transfer, Inc. (“Request for Production”) by May 8, 2017]
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(A true and correct copy of the email communication between ADM’s counsel and myselfis
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attached hereto as Exhibit 1.)
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3 April 10, 2017 ADM’s counsel emailed me a letter confirming May 8, 2017 as the
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deadline for RBT to produce responsive documents to the Request for Production. (A true and
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26 correct copy of the email and attached letter is attached hereto as Exhibit 2.)
27 4 April 13, 2017 I emailed ADM’s counsel regarding the need for a protective order.
28 and inquiring if ADM’s counsel wanted to “make the first stab at drafting.” ADM’s counsel
Page 2
responded on the same day saying he would write the first draft. (True and correct copies of the
emails sent are attached hereto as Exhibits 3 and 4, respectively.)
5 April 18, 2017 I received an email with an attached letter confirming the contents
of an April 14, 2017 conversation between ADM’s counsel and myself, in which an ADM’s time
to respond to RBT’s discovery requests were extended until after RBT produced documents and
depositions have been completed on RBT’s. PMK and custodian of records. (A true and correc!
copy of the email and attached letter is attached hereto as Exhibit 5.)
6 On May 8, 2017 my office requested the deadline to produce documents be
10 extended to May 19, 2019. (A true and correct copy of the email correspondence is attached hereto
dl as Exhibit 6.)
4
12 RBT served its Response to ADM’s Request for Production on May 18, 2017.
13 8 June 5, 2017 ADM’s counsel emailed me and my co-counsel a meet and confey
14 letter regarding responses to the Request for Production which ADM’s counsel deemed deficient.
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(A true and correct copy of the email and attached letter is attached hereto as Exhibit 7.)
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9 June 21, 2017 ADM’s counsel emailed Justin Campagne, my co-counsel in thi
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matter, and myself inquiring about a response to ADM’s meet and confer letter. Justin Campagne
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mailed ADM’s counsel June 22, 2017 requesting an additional week to respond and granting]
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ADM a week extension to file any motion to compel. True and correct copies of the emails arq
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24 attached hereto as Exhibits 8 and 9, respectively.)
22 10. September 11, 2017 ADM’s counsel emailed me to set up a meeting to discuss
23 discovery, and on October 12, 2017 we agreed upon a time for the discussion. (A true and correct
24 copy of the email correspondence is attached hereto as Exhibit 10.)
25
11. September 15, 2017 RBT served its Amended Response to ADM’s Request foy
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Production with a letter confirming an open extension for filing a Motion to Compel on ADM’g
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Request for Production. (See Exhibit A attached to the Declaration of Timothy Thompson In}
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Page 3
support Of Motion To Compel Further Responses To Request For Production Of Documents, Seq
One; And Request For Monetary Sanctions (“Thompson Dec.”).)
12. September 27, 2017 ADM’s counsel emailed me a copy the proposed stipulatior
and protective order. (A true and correct copy of the email without attachments is attached hereto)
as Exhibit 11.)
13. October 30, 2017 ADM’s counsel emailed inquiring if RBT required any changes
to the proposed stipulation and protective order. In Response to this inquiry, I inquired whethen
ADM’s counsel was going to return a pervious call, and a telephone meeting was scheduled. (True
10 and correct copies of the email correspondence are attached hereto as Exhibits 12 and 13.
ll respectively.)
12 14. November 20, 2017 1 emailed ADM’s counsel a draft protective order approved by|
13 Phil Baker and Jim Rummonds for his review. (A true and correct copy of the email without
14 attachments is attached hereto as Exhibit 14.)
15
15. I then heard nothing about the stipulation and protective order until March 2018
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when ADM’s counsel contacted my office and began to inquire about the inclusion of “attorney’s
17
eyes only” language in the protective order. (A true and correct copy of the email confirming thd
18
phone call without attachments is attached hereto as Exhibit 15.)
19
16. March 22, 2018 my office forwarded a copy of the protective order that had been
20
21 approved by Phil Baker and Jim Rummonds. (A true and correct copy the email without
22 attachments is attached hereto as Exhibit 16.)
23 17. March 29, 2018 ADM’s counsel emailed a copy of the protective order with itg
24 revisions in track changes for my review. (A true and correct copy the email without attachments
25
is attached hereto as Exhibit 17.)
26
18. April 3, 2018 ADM’s counsel emailed my office inquiring whether the proposed
27
revisions were acceptable. (A true and correct copy the email is attached hereto as Exhibit 18.)
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Page 4
19. April 3, 2018 Robert Willis, an associate at my firm, responded to ADM’s counsel]
stating most the changes seemed agreeable, however, I was out of office and could not review unti
my return. To which ADM’s counsel Niki Cunningham requested Robert Willis to let her know iff
the proposed revisions were acceptable once he spoke with me. (True and correct copies of the
emails are attached hereto as Exhibits 19 and 20, respectively.)
20. April 11, 2018 ADM’s counsel emailed to follow up on the acceptability of the
proposed revisions, and was informed that I was in court and that Robert Willis would speak with
me either that evening or the next morming regarding the proposed revisions. (True and correct
10 copies of the emails exchanged are attached hereto as Exhibits 21, 22, and 23, respectively.)
11 21, April 12, 2018 Robert Willis emailed ADM’s counsel my proposed changes to the
12 protective order. (A true and correct copy of the email is attached hereto as Exhibit 24.)
13 22. April 13, 2018 ADM’s counsei emailed Robert Willis agreeing
to the first change
14 and raising questions regarding the second and third proposed changes. (A true and correct copy|
15
of the email is attached hereto as Exhibit 25.)
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23. April 19 and April 24, 2018 ADM’s counsel followed up regarding her question
17
to two of my proposed revisions to the protective order. (True and correct copies of the enrails ard
18
attached hereto as Exhibit 26 and 27, respectively.)
19
24, April 30, 2018 I had a phone call with ADM’s counsel Tim Thompson regarding
20
21 the proposed revisions, and Niki Cunningham emailed me the final version of the stipulation and
22 protective order pursuant to that conversation. (A true and correct copy of the email withoul
23 attachments is attached hereto as Exhibit 28.)
24 25. May 2, 2018 | emailed ADM's counsel informing her that the protective order shed
25
sent April 30, 2018 was acceptable, pointed out a few typos, and asked for a “final” to sign and
26
forward to Phil Baker and Jim Rummonds for signatures. (At true and correct copy of the email ig
27
attached hereto as Exhibit 29.)
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Page 5
26. May 2, 2018 ADM’s emailed me a final draft with typos corrected to sign and
forward to Baker and Rummonds for signature. (A true and correct copy of the email without
attachments is attached hereto as Exhibit 30.)
27. May 11, 2018 my paralegal sent ADM’s counsel a copy of the protective order with
the signatures of Justin Campagne, Phil Baker, Jim Rummonds, and myself. (A true and correct
copy of the email without attachments is attached hereto as Exhibit 31.)
28. RBT’s Second Amended Complaint (“SAC”) alleges Thirteen Causes of Action!
(1) Promissory Fraud-Promise Without Intent to Perform; (2) Negligence; (3) [Intentionall
10 omitted]; (4) Negligent Retention and Supervision; (5) Breach of Contraci; (6) Breach of Duty off
11 Good Faith; (7) Violation of California Unfair Business Practices Act [Business & Prof. Code
12 17200 et seq.; (8) Intentional Interference with Contract; (9) Negligent Interference with Contract
13 and/or Other Economic Relationships; (10) Implied/Comparative Indemnity; (11) Equitable
4
Indemnity; (12) Comparative Contribution; and (13) Tort of Another. (A true and correct copy is
15
attached as Exhibit 32.) All of the Causes of Action pled by RBT in the SAC are predicated on|
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ADM’s, and its agents’, wrongful conduct in extorting RBT for further payoffs outside the contrac!
17
for the receipt of contractual guaranteed railcar shipments.
18
29, Defendant and Cross-Complainant, ARCHER DANIELS MIDLAND COMPANY]
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(“ADM”) filed its Second Amended Cross-Complaint (“SACC”) alleging 9 Causes of Action: (1
20
21 Violation of Civil RICO-Pattern of Racketeering Activity; (2) RICO-Conspiracy; (3) Conversion:
22 (4) Fraud (RBT, et al.); (5) Fraud (Sawa, Dukes); (6) Breach of Fiduciary Duty (Sawa, Dukes); (7
23 Inducing, Aiding and Abetting Breach of Fiduciary Duty; (8) Negligence per se (Scaife); and (9
24 Breach of Bailment Agreement. (A true and correct copy is attached as Exhibit 33.) All of thd
25
Causes of Action pled by ADM in the SACC are predicated on Cross-Defendants’ alleged
26
wrongful conduct in stealing and misappropriating ADM’s products in a concerted effort by and}
27
through the use of tactics, including but not limited to, bribery.
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1 30. On September 19, 2018 RBT filed its Second Amended Response To Archer
2 || Daniels Midland Company’s Request For Production Of Documents, Set One objecting to all 41
3 Requests for Documents propounded by ADM. (See Thompson Dec. Exhibit B.)
4
I declare under penalty of perju foregoing is true.and correct. This declaration
5
was signed this 24th day of O. Ser 2018 in Fresno, California.
I atl)
C, Rusgell ‘Georgeson
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Exhibit 1
Subject: Re: RBT/ADM
From: Russ Georgeson (crgdanelaw@sbcglobal.net)
To: Tim, Thompson@mccormickbarstow.com;
Date: Sunday, April 9, 2017 8:15 AM
Tim- Set the PMQ for May 12. I will try to have the documents that are going to be produced all gathered by
then. Set the PMK for May 15. Enjoy what is left of your week end. Russ
Sent from my iPad
On Apr 8, 2017, at 8:08 AM, Tim Thompson wrote:
Russ,
Will you be able to produce your client’s documents by May 8? If so, I can start the PMQ deposition on May 12, however,
I prefer to start on May 15. I have a conflict on Saturday May 13 thatI do not think I can move—its Mother’s day
weekend.
On the Sawa’s, I also understand they are in Canada. As such I have not served them personally with process or depo
notices, However, their counsel Roger Nuttall has accepted service of our cross complaint and has signed notices of
acknowledgement. I am also in discussions with him regarding a brief continuance of their depositions.
TIM THOMPSON
Attorney
< 117040811090401121.png>
McCormick Barstow, LLP
SLU ore bel 7647 North Fresno Street
P.O, Box 2891:
Fresno, CA 93728-8912
(659) 433-1300 main
(859) 433-2300 fax
Tim. Thompson @mecormickbarstow.com
<11 70408 11090400621 png>
CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not
read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or
previous e-mail messages attached to it may contain confidential and proprietary information that is legally
privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended
recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information
contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this
transmission in error, please immediately notify us by forwarding this to info@mecormickbarstow.com or by
telephone at (559) 433-1300, and destroy the original transmission and its attachments without reading or saving
it in any manner. Thank you.
From: Russ Georgeson [mailto:crgdanelaw@sbeglobal
net
Sent: Saturday, April 08, 2017 4:07 AM
To: Tim Thompson
Subject: Re: RBT/ADM
Tim, I thought my E-mail was clear- The priority of discovery as between ADM and RBT will remain as it is.
As for a date certain I suggest the Person most qualified be set for Friday the week of May 8 and the PMK the
next day, Saturday. All discovery between ADM and RBT to follow thereafter in the same day sequence as now
existing. On Monday we can work out the exact due/response dates.
On another issue. I have received information Sawa and Amber Rose are in Canada to care for his sick
mother and will not return to this area for a couple of weeks. Have you served either with process or notices of
deposition you noticed? Russ
Sent from my iPad
On Apr 7, 2017, at 1:06 PM, Tim Thompson wrote:
Russ,
In order to take these depositions off calendar, I need confirmation that we will be able to maintain our
priority to take those depositions before you notice/take any depositions or require our client to respond to
any discovery and I need a date certain set for your client’s production of the documents and new dates set
for the depositions. I realize that those new dates may need to be rescheduled again based on schedules, etc.,
but I must have firm dates set as a place holder, Can you agree to producing the documents on May 8 and
setting the PMQ and Custodian depositions for May 15-18 as well as maintaining our priority in discovery as
requested?
Tim Thompson
Attorney
McCormick Barstow, LLP
1647 North Fresno Street
PO, Box 28912
Fresno, CA 93729-8912
(559) 433-1300 main
(559) 433-2300 fax
‘Tim. Thompson@ mecormickbarstow,com
<11.7040716061702104.png>
CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally
privileged. Do not read this e-mail if you are not the intended recipient. This e-mail transmission,
and any documents, files or previous e-mail messages attached to it may contain confidential and
proprietary information that is legally privileged. If you are not the intended recipient, or a person
responsible for delivering it to the intended recipient, you are hereby notified that any disclosure,
copying, distribution or use of any of the information contained in or attached to this transmission is
STRICTLY PROHIBITED. If you have received this transmission in error, please immediately
notify us by forwarding this to info@mecormickbarstow.com or by telephone at ($59) 433-1300,
and destroy the original transmission and its attachments without reading or saving it in any
manner, Thank you.
From: C. Russeil Georgeson [mailto:credanelaw@sheglobal
net!
Sent: Friday, April 07, 2017 8:43 AM
To: Tim Thompson
Subject: RBT/ADM
Tim,
Confirming the following depositions set for next week are off calendar to be reset when the documents requested, that
Richard Best Transfer, Inc. is going to produce, have been gathered:
1 April 10, 2017, 9 a.m., Person Most Qualified, Richard Best Transfer, Inc.
2 April 13, 2017, 9 a.m., Custodian of Records, Richard Best Transfer, Inc.
L anticipate this process, which was started the first of this week, will take approximately 30-45 days. Of course, ADM
retains its deposition priority for these Richard Best Transfer, Inc. depositions.
Russ
Georgeson and Belardinelli 7060 N. Fresno Street, Ste, 250 Fresno, CA 93720 Telephone: (559) 447-8800 Facsimile:
(859) 447-0747 This message may be confidential or privileged. It is intended only for the use of the individual named
above and the privileges are not waived by virtue of this communication having been sent by email, If the person
actually receiving this message or any other reader of the message is not the named recipient or the employee or agent
responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is
strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and
destroy the original message.
Exhibit 2
Subject: ADM /Best Transfer
From: Monica Barsotti (Monica.Barsotti@meccormickbarstow.com)
To: crgdanelaw@sbcglobal.net;
Ce: Tim. Thompson@mccormickbarstow.com;
Date: Monday, April 10, 2017 5:15 PM.
Dear Mr. Georgeson,
Attached is correspondence of today’s date from Mr. Thompson regarding the above-referenced matter. Should
you have any questions, please do not hesitate to call.
Iwi
MONICA BARSOTTI
Secretary
McCormick Barstow, LLP
McCORMICK 7647 North Fresno Street
P.O, Box 28912
Fresno, CA 93729-8912
BARSTOW LLP (859) 433-1300 main
(689) 433-2300 fax
ATTORNEYS AT LAW
Monica.Barsotti@mecormickbarstow.com
Oded
FREEHO CINCINNATI DENVER Las VEGAS MODESTO
CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read
this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous
e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If
you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are
hereby notified that any disclosure, copying, distribution or use of any of the information contained in or
attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please
immediately notify us by forwarding this to info@mecormickbarstow.com or by telephone at (559) 433-1300,
and destroy the original transmission and its attachments without reading or saving it in any manner. Thank
you.
Attachments
¢ 2017.04.10 TLT Ltr to Georgeson re Doc Prodn and Depo Dates.PDF (285.53KB)
* 117041020154000733.png (4.52KB)
+ 117041020154000933,png 3.70KB)
¢ 117041020154001133.png (7.50KB)
Iwi
McCORMICK
BARSTOW LLP April 10, 2017
ATTORNEYS AT LAW
Via E-Mail and U.S. Mail
FRESNO, GA OFFICE
‘Tat? Mest, Fresno Steal
Fresno, CA 3720 C, Russell Georgeson
BO, Bon 2692
Fresno, CA 93720-8912 Georgeson and Belardinelli
Totoprone ($56) 433-1300
Fax (899) 482.2300 7060 North Fresno Street, Suite 250
Fresno, CA 93720
Re: Archer Daniels Midland (“ADM”) y. Richard Best Transfer, Inc. (“RBT”)
Our File No; 05026-00001
Dear Mr. Georgeson:
This will confirm our prior email exchanges and conversations in which we agreed to
continue the depositions against your client, Richard Best Transfer, Inc., as follows;
1 ADM will maintain its priority to take these depositions before you
notice or take any depositions or require ADM to respond to any discovery;
2We set May 8, 2017, as the date your client will produce documents in
response to ADM’s document production requests, As discussed, you will notify me
if you are not able to meet this deadline;
3 We will reschedule the deposition of RBT’s Person Most Qualified
(PMQ) to begin on May 15, 2017, and will tentatively set the Custodian of Records
deposition to begin on May 17, 2017, or when the PMQ deposition is completed. If
ve do not receive RBT’s documents on May 8, 2017, we will discuss alternative
dates for these depositions to allow for us to receive and review the documents so that
Other offices of
MeCORMICK, BARSTOW, SHEPPARD the depositions proceed as efficiently as possible.
WAYTE ANO CARRUTH, LLP
ynnw mecormackbarstow eon Thank you for your cooperation in this matter.
CINCINNATI, OH OFFICE Very truly yours,
Scripps Centar, Sute 1050
‘312 Walnut Street
Cincinnati, On 45202
oT
|
Tolapirane (513) 762-7820
Fax (519) 762-7821
a
DENVER, CO OFFICE
999 16th Street, Sate 3000 Timothy L. hompson
Denver, Colorudo 80202
Tolophone (720) 282-8126
McCormick Barstow LLP
Fax (720) 262-6127
LAS VEGAS, NV OFFICE
0337 West Sunset Read, Suite 360
Las Vogas, Nevada 89113 15626-00001 4420483, 1
Totephone {702) 948-1 109
Fax (702) 949-140
MODESTO, CA OFFICE
1426 | Stroe!, Suite1
Modesto, Caliorna 95354
‘Talephione (208) 524.1100
Fag (209) 520-1188
Exhibit 3
Subject: RBT/ADM
From: C. Russell Georgeson (crgdanelaw@sbcglobal.net)
To: tim.thompson@mecormickbarstow.com;
Date: Thursday, April 13, 2017 7:36 AM
Tim,
We need to get in place a workable protective order for both RBT and ADM. Do you want to make the first stab at drafting?
Russ
Georgeson and Belardinelli 7060 N. Fresno Street, Ste. 250 Fresno, CA 93720 Telephone: (559) 447-8800 Facsimile: (559)
447-0747 This message may be confidential or privileged. It is intended only for the use of the individual named above and
the privileges are not waived by virtue of this communication having been sent by email. If the person actually receiving this
message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to
the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please immediately notify us by telephone and destroy the original message.
Exhibit 4
Subject: RE: RBT/ADM
From: Tim Thompson (Tim. Thompson@mccormickbarstow.com)
To: crgdanelaw@sbcglobal.net;
Date: Thursday, Apri! 13, 2017 10:26 AM
Yes, I can do that.
TIM THOMPSON
Attorney
McCormick Barstow, LLP
7847 North Fresno Street
McCORMICK P.O, Box 28912
Fresno, CA 93729-8912
BARSTOW LLP (558) 433-1300 main
(659) 433-2300 fax
ATTORNEYS AT LAW
‘Tim. Thompson@mecormickbarstow.com
Gott = Ey
FREGNO CINCINHATE DENVER LAS VEGAS MODESTO
CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged, Do not
read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or
previous e-mail messages attached to it may contain confidential and proprietary information that is legally
privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended
recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information
contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this
transmission in error, please immediately notify us by forwarding this to info@mecormickbarstow.com or by
telephone at (559) 433-1300, and destroy the original transmission and its attachments without reading or saving
it in any manner. Thank you.
From: C. Russell Georgeson [mailto:crgdanelaw@sbeglobal.net}
Sent: Thursday, April 13, 2017 7:37 AM
To: Tim Thompson
Subject: RBT/ADM
Tim,
We need to get in place a workable protective order for both RBT and ADM. Do you want to make the first stab at drafting? Russ
Georgeson and Belardinelli 7060 N, Fresno Street, Ste. 250 Fresno, CA 93720 Telephone: (559) 447-8800 Facsimile: (559) 447-0747
This message may be confidential or privileged. It is intended only for the use of the individual named above and the privileges are not
waived by virtue of this communication having been sent by email. If the person actually receiving this message or any other reader of
the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination,
distribution or copying of this communication is strictly prohibited, If you have received this communication in error, please
immediately notify us by telephone and destroy the original message.
Attachments
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* 117041313263306939.
png (7.50KB)
Exhibit 5
Subject FW: ADM/RBT - Ltr to Georgeson re Discovery
From: Tim Thompson (Tim. Thompson@mccormickbarstow.com)
To: ergdanelaw@sbeglobal.net;
Date: Tuesday, April 18, 2017 2:45 PM
Russ,
Please see attached letter confirming our conversation last Friday.
Also, | am following up on my letter re: meet-and-confer on our demurrer. I am available to discuss with you on
the phone or in person tomorrow, 9-12 or 3-4:40; Thursday, 9-4:30; or Friday, 7-11 am. Let me know what
works for you, thanks,
TIM THOMPSON
Attorney
McCormick Barstow, LLP
MceCORMICK 7647 North Frasno Street
P.O, Box 28912
Fresno, CA 93729-8912
BARSTOW LLP (589) 433-1300 main
(559) 433-2300 fax
ATTORNEYS AW LAW
Tim.Thompson@mecormickbarstow.com
eae a)
FREENO GINCINKATE DENVER LAS VEGAS MCOESTO
CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read
this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous
e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If
you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are
hereby notified that any disclosure, copying, distribution or use of any of the information contained in or
attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please
immediately notify us by forwarding this to info@mecormickbarstow.com or by telephone at (559) 433-1300,
and destroy the original transmission and its attachments without reading or saving it in any manner. Thank
you.
Attachments
2017.04.18 tlt Ltr to Georgeson re ADM Discovery Response Extension.PDF (54.75KB)
117041817452901429.png (4.52KB)
117041817452901629,png (3.70KB)
117041817452901829.png (7.50KB)
wi
McCORMICK
BARSTOW LLP April 18, 2017
ATTORNEYS AT LAW
Teo hasan
Via E-Mail and U.S. Mail
(crite in Catenin)
io59 83-2104
‘imithompsongdmccontéckbarstow.com
C. Russell Georgeson
Georgeson and Belardinelli
FRESNO, CA OFFICE
‘7847 Non Fresno Stett 7060 North Fresno Street, Suite 250
Fresno, CA 99720 Fresno, CA 93720
P.O, Box 28912
Frosno, CA 93729-8012
Telephone (558) 433-1300
Fax (559) 433-2300 Re: Archer Daniels Midland (“ADM”) v, Richard Best Transfer, Inc. (“RBT”)
Our File No.: 05026-00001
Dear Mr. Georgeson:
This letter will confirm our conversation on April 14, 2017, in which you confirmed
that your office will only be representing Richard Best Transfer, Inc., and Charles
Littlefield in this matter. This will also confirm that the time in which our client,
ADM, is to respond to all pending discovery requests as well as the Demand for Bill
of Particulars is extended until after we have received RBT’s full document
production response and have completed the depositions of the individuals RBT
produces in response to our person most qualified deposition notice and custodian of
records deposition notice.
As we discussed, let’s try to have a call this week to set some mutually convenient
dates for pending discovery.
Very truly yours,
oT
Other offizaa of
‘MoCORMICK, BARSTOW, SHEPPARD
‘WAYTEAND GARRUTH, LLP
-— |
Timothy L. jompson
‘wew.mecormickbaratow. com, McCormick Barstow LLP
CINCINNATI, OH OFFICE
‘Scripps Conter, Suite 1050
‘312 Walnut Street
Cincinnati, Ohla 45202
‘Telephona (513) 762-7520 05026-00001 4438230.1
Fax (513) 762-7521
DENVER, CO OFFICE
999 18th Stet, Bulle 3000
Danver, Coforado 80202
Totophone (720) 282-8126
Fax (720) 202-8127
LAS VEGAS, NV OFFICE
8397 Wost Sunset Road, Suite 360
{Las Vegas, Nevada 83113
‘Telephone (702) 49-1100
Pax (709) 949-1501
MODESTO, CA OFFICE
11264 Street, Suite 1
Modasto, Celfomia 95354
‘Tetephone (209) 24.
Fax {208) 1188
Exhibit 6
Subject: Re: Best v. ADM
From: C. Russell Georgeson (crgdanelaw@sbcglobal.net)
To: Monica.Barsotti@meccormickbarstow.com; Tim. Thompson@mecormickbarstow.com;
Ce: Niki, Cunningham@meccormickbarstow.com,
Date: Monday, May 8, 2017 9:48 AM
Thanks Monica.
C. Russell Georgeson Georgeson and Belardinelli 7060 N. Fresno Street, Ste. 250 Fresno, CA 93720 Telephone: (559) 447-
8800 Facsimile: (559) 447-0747 This message may be confidential or privileged. It is intended only for the use of the
individual named above and the privileges are not waived by virtue of this communication having been sent by email. If the
person actually receiving this message or any other reader of the message is not the named recipient or the employee or
agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is
strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and destroy the
original message.
a -
From: Monica Barsotti
To: 'C. Russell Georgeson' ; Tim Thompson
Ce: Niki Cunningham
Sent: Monday, May 8, 2017 9:46 AM
Subject: RE: Best v. ADM
Kellie,
I need to obtain attorney approval; I'll get back to you as soon as possible.
MONICA BARSOTTI
Secretary
McCormick Barstow, LLP
7647 North Frasno Street
McCORMICK i P.O, Box 28912
Fresno, CA 93720-8842
BARSTOW LLP (559) 433-4300 main
(559) 433-2300 fax
ATTORNEYS AT LAW
Monica.Barsotti@mocormickbarstow.com
a
FRESNO GINCINNAT) SENVER LAS VEGAS MODESTO
CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged.
Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any
documents, files or previous e-mail messages attached to it may contain confidential and proprietary
information that is legally privileged. If you are not the intended recipient, or a person responsible for
delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution
or use of any of the information contained in or attached to this transmission is STRICTLY
PROHIBITED. If you have received this transmission in error, please immediately notify us by
forwarding this to info@mccormickbarstow.com or by telephone at (559) 433-1300, and destroy the
original transmission and its attachments without reading or saving it in any manner. Thank you.
-
From: C. Russell Georgeson [mailto:crgdanelaw@sbeglobal.net] :
Sent: Monday, May 08, 2017 9:34 AM
To: Monica Barsotti; Tim Thompson
Subject: Best v. ADM
Good Morning Monica:
Just following up on my telephone message| left this morning regarding an extension of time requested by our office on
behalf of Richard Best Transfer Inc. | know Tim is in trial, but if you could please let me know if we may have to and
including May 19, 2019 on behalf of Richard Best Transfer Inc. (the same day Chuck Littlefield's responses to document
production are due) to respond to your client's request for production of documents | would really appreciate it. Sorry for
the short notice as our responses are due today.
Thank you
Kellie
C, Russell Georgeson Georgeson and Belardinelli 7060 N. Fresno Street, Ste. 250 Fresno, CA 93720 Telephone: (559)
447-8800 Facsimile: (559) 447-0747 This message may be confidential or privileged. It is intended only for the use of the
individual named above and the privileges are not waived by virtue of this communication having been sent by email. If the
person actually receiving this message or any other reader of the message is not the named recipient or the employee or
agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication
is strictly prohibited. if you have received this communication in error, please immediately notify us by telephone and
destroy the original message.
Attachments
* 117050812463602283.png (4.52KB)
+ 117050812463602583.png (3.70KB)
* 117050812463602783.png (7.50KB)
Exhibit 7
Subject: ADMIRBT - Meet & Confer Letter
From: Monica Barsotti (Monica.Barsotti@mecormickbarstow.com)
To: crgdanelaw@sbcglobal.net; jceampagne@campagnelaw.com;
Niki.Cunningham@mccormickbarstow.com; Tim. Thompson@mecormickbarstow.com; Imartin@weiss-
Ce:
salinas,com;
Date: Monday, June 5, 2017 4:46 PM
Dear Mr. Georgeson and Mr. Campagne,
Attached is correspondence of today’s date from Ms. Cunningham regarding the above-referenced matter.
Please contact our office if you have any questions.
lvi
McCORMICK
MONICA
Secretary
BARSOTTI
McCormick Barstow, LLP
7647 North Fresno Stroet
P.O, Box 28912
Frasno, CA 93729-8912
BARSTOW LLP (659) 433-1300 main
(559) 433-2300 fax
ATTORNEYS Ad LAW
Monica Barsotti@mecormickbarsiow.com
Pa as. ai
FRESNO CINCINHATE DENVER LAS VEGAS MODESTO
CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read
this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous
e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If
you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are
hereby notified that any disclosure, copying, distribution or use of any of the information contained in or
attached to this transmission is STRICTLY PROHIBITED. {f you have received this transmission in error, please
immediately notify us by forwarding this to info@meccormickbarstow.com or by telephone at (559) 433-1300,
and destroy the original transmission and its attachments without reading or saving it in any manner. Thank
you,
ener
Attachments
2017.06.05 NEC Mccet & Confer Ltr to Georgeson, Campagne (ADM).PDF (1.48MB)
1170605 19464001765 .png (4.52KB)
117060519464001965.png (3.70KB)
117060519464002165.png (7.50KB)
Iwi
McCORMICK
BARSTOW LLP June 5, 2017
ATTORNEYS AT LAW
(Nikole €, Cunningham
Via E-MAIL AND US. Mat.
wean te
‘tk. gunriagham@mooomckbarstow.com,
C, Russell Georgeson Justin T, Campagne
Georgeson & Belardinelli Campagne & Campagne
FRESNO, CA OFFICE Airport Office Center
7647 North Fresno Street 7060 N. Fresno St., Ste. 250
Fresno, CA 93720 1685 North Helm Ave.
P.O, Box 28912 Fresno, California 93720
Fresno, CA 93720-6012 ergdanelaw@sbcglobal.net Fresno, California 93727
hone | 3.1300
Fax (599) 432-7300 Jcampagne@campagnelaw.com
Re: Richard Best Transfer, Inc. v. Archer aniels Midl d_ Com, iM id
Confer re RBT and Littlefield’s Response to Request for Production, Set One.
Our File No.: 5026-00001
Dear Mr. Georgeson and Mr, Campagne:
Our office is in receipt of the responses served on behalf of Richard Best
Transfer, Inc. (RDM) and Charles Littlefield to Archer Daniels Midland Company's
(ADM) Request for Production, Set One. After review of the same, we note that several
of your clients’ responses to the Request for Production are deficient. Please consider
this letter as our effort to meet and confer with you regarding those deficiencies.
Initially, we have not yet received documents which your clients have agreed to
produce, We would request that said documents be produced no later than June 16,
2017,
Other offices of
Further, as a general observation, your clients assert various objections that are
‘MeCORMICK, BARSTOW, SHEPPARD
‘WAYTE AND CARRUTH, LLP
conflicting, lack merit and are not asserted in good faith. Based on your clients’
responses, it is unclear whether RBT and Littlefield have made a diligent search for
‘wnnw, mecormickbarstow.com documents responsive to the requests, whether responsive documents exist, and/or
CINCINNATI, OH OFFICE
whether documents are being withheld. Both RBT and Littlefield’s responses provide
‘Scripps Canter, Suite 1050
342 Walnut Street
general responses, general objections and specific responses to the requests for
Cincinnati, Ohio 45202
‘Tetephone (513) 762-7620
production, Under the general response, your clients note that “by stating in the
Fax (513) 762-7521 responses that [they] will produce documents or are searching for documents, [they] are
DENVER, CO OFFICE
not representing that any documents actually exist, but rather that [they] will make a
‘999 181h Street, Suite 3000 diligent search and reasonable inquiry to ascertain whether documents responsive to the
Denver, Cotorado 80202
Telephone (720) 282-8126 request do, in fact, exist.” Certain specific responses however purport that “[a]fter
Fox (720) 282-8127
conducting a reasonably diligent search, no documents have been identified by
LAS VEGAS, NV OFFICE [Plaintiffs] as responsive.” Itis therefore unclear how such responses can be reconciled,
8397 Weat Sunset Road, Suite 250
Las Vegan, Nevada 89113 where, on the one hand, your clients purport no search has been conducted and on the
Telephone (702) 949-1100
Fax (702) 949-1101 other, that “no documents have been identified by Plaintiff[s] as responsive.”
MODESTO, CA OFFICE
1425| Streal, Suito 1 If your clients have not conducted a reasonable and diligent search for responsive
Modesto, Calitorin 95354
‘Telephone {208} 624-1100 documents, as set forth under their general responses, the responses in their entirety are
Fax (208) 624-1188
WA
McCORMICK
C. Russell Georgeson, Justin T. Campagne
June 5, 2017
Page 2
BARSTOW LLP
ATTORNEYS AT LAW
deficient, Pursuant to California Code of Civil Procedure section 203 1.210 et seq., your
clients are required to search for the requested documents and either agree to pr
Preview
C. Russell Georgeson, SBN 53589 Richard A. Belardinelli, SBN 065168 GEORGESON AND BELARDINELLI 7060 N. Fresno Street, Suite 250 E-Filed Fresno, California 93720 10/24/18 Telephone: (559) 447-8800 Fresno County Superior Court Facsimile: (559) 447-0747 By: K.Daves, Deputy Justin T. Campagne, SBN 211825 Law Firm of Campagne & Campagne A Professional Corporation Airport Office Center 1685 N. Helm Avenue Fresno, California 93727 Telephone: (559) 255-1637 Facsimile: (559) 252-9617 10 Attomeys for Plaintiff and Cross-Defendant, RICHARD BEST TRANSFER, INC. and Cross4 li Defendant, CHARLES LITTLEFIELD 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 IN AND FOR THE COUNTY OF FRESNO 14 15 16 LRICHARD BEST TRANSFER, INC., A Case No.: 17€ECG01022 California Corporation, 17 DECLARATION OF C, RUSSELL Plaintiff, GEORGESON IN OPPOSIT?ON TO 18 VS. ARCHER DANIELS MIDLAND ARCHER. DANIELS MIDLAND COMPANY’S MOTION TO COMPEL 19 COMPANY, A Delaware Corporation; FURTHER RESPONSES TO REQUEST NATASHA DUKES, an individual; FOR PRODUCTION OF DOCUMENTS, 20 SHAWN SAWA, an individual; AMBER M. SET ONE; AND REQUEST FOR 21 ROSE aka AMBER M. SAWA, an MONETARY SANCTIONS individual; and DOES 1-25, inclusive, 22 Defendants. 23 Date: November 6, 2018 24 ARCHER DANIELS MIDLAND Time: 3:30 p.m. COMPANY, A Delaware Corporation, Dept.: 503 25 26 Cross-Complainant, VS. 27 RICHARD BEST TRANSFER, INC., A California Corporation; PORT OF IVORY, 28 ) Page 1 LLC, A California Limited Liability ) Company; RICHARD BEST, an individual; ) WYATT BEST, an individual; SHAWN SAWA, an individual, and doing business as ) AMR CONSULTING; AMBER MARIE ROSE SAWA, an individual, and doing ) business as AMR CONSULTING; THOMAS SCAIFF, an individual, and doing ) business as SCAIFE COMMODITIES; CHARLES LITTLEFIELD, an individual; NATASHA DUKES, an individual; and ROES 1-25, inclusive, Cross-Defendants. 10 I, C. Russeil Georgeson, declare as follows: il 1 Tam an attorney at law licensed to practice in the State of California. [ am a partney 12 of the law firm of Georgeson and Belardinelli, attorney of record for Plaintiff and Cross 3a Defendant, RICHARD BEST TRANSFER, INC. (hereinafter “RBT”) and Cross-Defendant. 14 15 CHARLES LITTLEFIELD (heteinafter “Littlefield”), in the above.entitled matter. I have personal 16 knowledge of the facts-set forth in this declaration and if called-as a witness, could and would! 17 | testify competently to such facts under oath. 18 22, lL agreed to attempt to produce the responsive documents to Defendant and Cross 19 Complainant ARCHER DANIELS MIDLAND COMPANY’s (“ADM”) Request for Production] 20 of Documents, Set One,on Richard Best transfer, Inc. (“Request for Production”) by May 8, 2017] 21 (A true and correct copy of the email communication between ADM’s counsel and myselfis 22 attached hereto as Exhibit 1.) 23 3 April 10, 2017 ADM’s counsel emailed me a letter confirming May 8, 2017 as the 24 deadline for RBT to produce responsive documents to the Request for Production. (A true and 25 26 correct copy of the email and attached letter is attached hereto as Exhibit 2.) 27 4 April 13, 2017 I emailed ADM’s counsel regarding the need for a protective order. 28 and inquiring if ADM’s counsel wanted to “make the first stab at drafting.” ADM’s counsel Page 2 responded on the same day saying he would write the first draft. (True and correct copies of the emails sent are attached hereto as Exhibits 3 and 4, respectively.) 5 April 18, 2017 I received an email with an attached letter confirming the contents of an April 14, 2017 conversation between ADM’s counsel and myself, in which an ADM’s time to respond to RBT’s discovery requests were extended until after RBT produced documents and depositions have been completed on RBT’s. PMK and custodian of records. (A true and correc! copy of the email and attached letter is attached hereto as Exhibit 5.) 6 On May 8, 2017 my office requested the deadline to produce documents be 10 extended to May 19, 2019. (A true and correct copy of the email correspondence is attached hereto dl as Exhibit 6.) 4 12 RBT served its Response to ADM’s Request for Production on May 18, 2017. 13 8 June 5, 2017 ADM’s counsel emailed me and my co-counsel a meet and confey 14 letter regarding responses to the Request for Production which ADM’s counsel deemed deficient. 15 (A true and correct copy of the email and attached letter is attached hereto as Exhibit 7.) 16 9 June 21, 2017 ADM’s counsel emailed Justin Campagne, my co-counsel in thi 17 matter, and myself inquiring about a response to ADM’s meet and confer letter. Justin Campagne 18 mailed ADM’s counsel June 22, 2017 requesting an additional week to respond and granting] 19 ADM a week extension to file any motion to compel. True and correct copies of the emails arq 20 24 attached hereto as Exhibits 8 and 9, respectively.) 22 10. September 11, 2017 ADM’s counsel emailed me to set up a meeting to discuss 23 discovery, and on October 12, 2017 we agreed upon a time for the discussion. (A true and correct 24 copy of the email correspondence is attached hereto as Exhibit 10.) 25 11. September 15, 2017 RBT served its Amended Response to ADM’s Request foy 26 Production with a letter confirming an open extension for filing a Motion to Compel on ADM’g 27 Request for Production. (See Exhibit A attached to the Declaration of Timothy Thompson In} 28 Page 3 support Of Motion To Compel Further Responses To Request For Production Of Documents, Seq One; And Request For Monetary Sanctions (“Thompson Dec.”).) 12. September 27, 2017 ADM’s counsel emailed me a copy the proposed stipulatior and protective order. (A true and correct copy of the email without attachments is attached hereto) as Exhibit 11.) 13. October 30, 2017 ADM’s counsel emailed inquiring if RBT required any changes to the proposed stipulation and protective order. In Response to this inquiry, I inquired whethen ADM’s counsel was going to return a pervious call, and a telephone meeting was scheduled. (True 10 and correct copies of the email correspondence are attached hereto as Exhibits 12 and 13. ll respectively.) 12 14. November 20, 2017 1 emailed ADM’s counsel a draft protective order approved by| 13 Phil Baker and Jim Rummonds for his review. (A true and correct copy of the email without 14 attachments is attached hereto as Exhibit 14.) 15 15. I then heard nothing about the stipulation and protective order until March 2018 16 when ADM’s counsel contacted my office and began to inquire about the inclusion of “attorney’s 17 eyes only” language in the protective order. (A true and correct copy of the email confirming thd 18 phone call without attachments is attached hereto as Exhibit 15.) 19 16. March 22, 2018 my office forwarded a copy of the protective order that had been 20 21 approved by Phil Baker and Jim Rummonds. (A true and correct copy the email without 22 attachments is attached hereto as Exhibit 16.) 23 17. March 29, 2018 ADM’s counsel emailed a copy of the protective order with itg 24 revisions in track changes for my review. (A true and correct copy the email without attachments 25 is attached hereto as Exhibit 17.) 26 18. April 3, 2018 ADM’s counsel emailed my office inquiring whether the proposed 27 revisions were acceptable. (A true and correct copy the email is attached hereto as Exhibit 18.) 28 Page 4 19. April 3, 2018 Robert Willis, an associate at my firm, responded to ADM’s counsel] stating most the changes seemed agreeable, however, I was out of office and could not review unti my return. To which ADM’s counsel Niki Cunningham requested Robert Willis to let her know iff the proposed revisions were acceptable once he spoke with me. (True and correct copies of the emails are attached hereto as Exhibits 19 and 20, respectively.) 20. April 11, 2018 ADM’s counsel emailed to follow up on the acceptability of the proposed revisions, and was informed that I was in court and that Robert Willis would speak with me either that evening or the next morming regarding the proposed revisions. (True and correct 10 copies of the emails exchanged are attached hereto as Exhibits 21, 22, and 23, respectively.) 11 21, April 12, 2018 Robert Willis emailed ADM’s counsel my proposed changes to the 12 protective order. (A true and correct copy of the email is attached hereto as Exhibit 24.) 13 22. April 13, 2018 ADM’s counsei emailed Robert Willis agreeing to the first change 14 and raising questions regarding the second and third proposed changes. (A true and correct copy| 15 of the email is attached hereto as Exhibit 25.) 16 23. April 19 and April 24, 2018 ADM’s counsel followed up regarding her question 17 to two of my proposed revisions to the protective order. (True and correct copies of the enrails ard 18 attached hereto as Exhibit 26 and 27, respectively.) 19 24, April 30, 2018 I had a phone call with ADM’s counsel Tim Thompson regarding 20 21 the proposed revisions, and Niki Cunningham emailed me the final version of the stipulation and 22 protective order pursuant to that conversation. (A true and correct copy of the email withoul 23 attachments is attached hereto as Exhibit 28.) 24 25. May 2, 2018 | emailed ADM's counsel informing her that the protective order shed 25 sent April 30, 2018 was acceptable, pointed out a few typos, and asked for a “final” to sign and 26 forward to Phil Baker and Jim Rummonds for signatures. (At true and correct copy of the email ig 27 attached hereto as Exhibit 29.) 28 Page 5 26. May 2, 2018 ADM’s emailed me a final draft with typos corrected to sign and forward to Baker and Rummonds for signature. (A true and correct copy of the email without attachments is attached hereto as Exhibit 30.) 27. May 11, 2018 my paralegal sent ADM’s counsel a copy of the protective order with the signatures of Justin Campagne, Phil Baker, Jim Rummonds, and myself. (A true and correct copy of the email without attachments is attached hereto as Exhibit 31.) 28. RBT’s Second Amended Complaint (“SAC”) alleges Thirteen Causes of Action! (1) Promissory Fraud-Promise Without Intent to Perform; (2) Negligence; (3) [Intentionall 10 omitted]; (4) Negligent Retention and Supervision; (5) Breach of Contraci; (6) Breach of Duty off 11 Good Faith; (7) Violation of California Unfair Business Practices Act [Business & Prof. Code 12 17200 et seq.; (8) Intentional Interference with Contract; (9) Negligent Interference with Contract 13 and/or Other Economic Relationships; (10) Implied/Comparative Indemnity; (11) Equitable 4 Indemnity; (12) Comparative Contribution; and (13) Tort of Another. (A true and correct copy is 15 attached as Exhibit 32.) All of the Causes of Action pled by RBT in the SAC are predicated on| 16 ADM’s, and its agents’, wrongful conduct in extorting RBT for further payoffs outside the contrac! 17 for the receipt of contractual guaranteed railcar shipments. 18 29, Defendant and Cross-Complainant, ARCHER DANIELS MIDLAND COMPANY] 19 (“ADM”) filed its Second Amended Cross-Complaint (“SACC”) alleging 9 Causes of Action: (1 20 21 Violation of Civil RICO-Pattern of Racketeering Activity; (2) RICO-Conspiracy; (3) Conversion: 22 (4) Fraud (RBT, et al.); (5) Fraud (Sawa, Dukes); (6) Breach of Fiduciary Duty (Sawa, Dukes); (7 23 Inducing, Aiding and Abetting Breach of Fiduciary Duty; (8) Negligence per se (Scaife); and (9 24 Breach of Bailment Agreement. (A true and correct copy is attached as Exhibit 33.) All of thd 25 Causes of Action pled by ADM in the SACC are predicated on Cross-Defendants’ alleged 26 wrongful conduct in stealing and misappropriating ADM’s products in a concerted effort by and} 27 through the use of tactics, including but not limited to, bribery. 28 Page 6 1 30. On September 19, 2018 RBT filed its Second Amended Response To Archer 2 || Daniels Midland Company’s Request For Production Of Documents, Set One objecting to all 41 3 Requests for Documents propounded by ADM. (See Thompson Dec. Exhibit B.) 4 I declare under penalty of perju foregoing is true.and correct. This declaration 5 was signed this 24th day of O. Ser 2018 in Fresno, California. I atl) C, Rusgell ‘Georgeson 10 H 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 7 Exhibit 1 Subject: Re: RBT/ADM From: Russ Georgeson (crgdanelaw@sbcglobal.net) To: Tim, Thompson@mccormickbarstow.com; Date: Sunday, April 9, 2017 8:15 AM Tim- Set the PMQ for May 12. I will try to have the documents that are going to be produced all gathered by then. Set the PMK for May 15. Enjoy what is left of your week end. Russ Sent from my iPad On Apr 8, 2017, at 8:08 AM, Tim Thompson wrote: Russ, Will you be able to produce your client’s documents by May 8? If so, I can start the PMQ deposition on May 12, however, I prefer to start on May 15. I have a conflict on Saturday May 13 thatI do not think I can move—its Mother’s day weekend. On the Sawa’s, I also understand they are in Canada. As such I have not served them personally with process or depo notices, However, their counsel Roger Nuttall has accepted service of our cross complaint and has signed notices of acknowledgement. I am also in discussions with him regarding a brief continuance of their depositions. TIM THOMPSON Attorney < 117040811090401121.png> McCormick Barstow, LLP SLU ore bel 7647 North Fresno Street P.O, Box 2891: Fresno, CA 93728-8912 (659) 433-1300 main (859) 433-2300 fax Tim. Thompson @mecormickbarstow.com <11 70408 11090400621 png> CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by forwarding this to info@mecormickbarstow.com or by telephone at (559) 433-1300, and destroy the original transmission and its attachments without reading or saving it in any manner. Thank you. From: Russ Georgeson [mailto:crgdanelaw@sbeglobal net Sent: Saturday, April 08, 2017 4:07 AM To: Tim Thompson Subject: Re: RBT/ADM Tim, I thought my E-mail was clear- The priority of discovery as between ADM and RBT will remain as it is. As for a date certain I suggest the Person most qualified be set for Friday the week of May 8 and the PMK the next day, Saturday. All discovery between ADM and RBT to follow thereafter in the same day sequence as now existing. On Monday we can work out the exact due/response dates. On another issue. I have received information Sawa and Amber Rose are in Canada to care for his sick mother and will not return to this area for a couple of weeks. Have you served either with process or notices of deposition you noticed? Russ Sent from my iPad On Apr 7, 2017, at 1:06 PM, Tim Thompson wrote: Russ, In order to take these depositions off calendar, I need confirmation that we will be able to maintain our priority to take those depositions before you notice/take any depositions or require our client to respond to any discovery and I need a date certain set for your client’s production of the documents and new dates set for the depositions. I realize that those new dates may need to be rescheduled again based on schedules, etc., but I must have firm dates set as a place holder, Can you agree to producing the documents on May 8 and setting the PMQ and Custodian depositions for May 15-18 as well as maintaining our priority in discovery as requested? Tim Thompson Attorney McCormick Barstow, LLP 1647 North Fresno Street PO, Box 28912 Fresno, CA 93729-8912 (559) 433-1300 main (559) 433-2300 fax ‘Tim. Thompson@ mecormickbarstow,com <11.7040716061702104.png> CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by forwarding this to info@mecormickbarstow.com or by telephone at ($59) 433-1300, and destroy the original transmission and its attachments without reading or saving it in any manner, Thank you. From: C. Russeil Georgeson [mailto:credanelaw@sheglobal net! Sent: Friday, April 07, 2017 8:43 AM To: Tim Thompson Subject: RBT/ADM Tim, Confirming the following depositions set for next week are off calendar to be reset when the documents requested, that Richard Best Transfer, Inc. is going to produce, have been gathered: 1 April 10, 2017, 9 a.m., Person Most Qualified, Richard Best Transfer, Inc. 2 April 13, 2017, 9 a.m., Custodian of Records, Richard Best Transfer, Inc. L anticipate this process, which was started the first of this week, will take approximately 30-45 days. Of course, ADM retains its deposition priority for these Richard Best Transfer, Inc. depositions. Russ Georgeson and Belardinelli 7060 N. Fresno Street, Ste, 250 Fresno, CA 93720 Telephone: (559) 447-8800 Facsimile: (859) 447-0747 This message may be confidential or privileged. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this communication having been sent by email, If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and destroy the original message. Exhibit 2 Subject: ADM /Best Transfer From: Monica Barsotti (Monica.Barsotti@meccormickbarstow.com) To: crgdanelaw@sbcglobal.net; Ce: Tim. Thompson@mccormickbarstow.com; Date: Monday, April 10, 2017 5:15 PM. Dear Mr. Georgeson, Attached is correspondence of today’s date from Mr. Thompson regarding the above-referenced matter. Should you have any questions, please do not hesitate to call. Iwi MONICA BARSOTTI Secretary McCormick Barstow, LLP McCORMICK 7647 North Fresno Street P.O, Box 28912 Fresno, CA 93729-8912 BARSTOW LLP (859) 433-1300 main (689) 433-2300 fax ATTORNEYS AT LAW Monica.Barsotti@mecormickbarstow.com Oded FREEHO CINCINNATI DENVER Las VEGAS MODESTO CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by forwarding this to info@mecormickbarstow.com or by telephone at (559) 433-1300, and destroy the original transmission and its attachments without reading or saving it in any manner. Thank you. Attachments ¢ 2017.04.10 TLT Ltr to Georgeson re Doc Prodn and Depo Dates.PDF (285.53KB) * 117041020154000733.png (4.52KB) + 117041020154000933,png 3.70KB) ¢ 117041020154001133.png (7.50KB) Iwi McCORMICK BARSTOW LLP April 10, 2017 ATTORNEYS AT LAW Via E-Mail and U.S. Mail FRESNO, GA OFFICE ‘Tat? Mest, Fresno Steal Fresno, CA 3720 C, Russell Georgeson BO, Bon 2692 Fresno, CA 93720-8912 Georgeson and Belardinelli Totoprone ($56) 433-1300 Fax (899) 482.2300 7060 North Fresno Street, Suite 250 Fresno, CA 93720 Re: Archer Daniels Midland (“ADM”) y. Richard Best Transfer, Inc. (“RBT”) Our File No; 05026-00001 Dear Mr. Georgeson: This will confirm our prior email exchanges and conversations in which we agreed to continue the depositions against your client, Richard Best Transfer, Inc., as follows; 1 ADM will maintain its priority to take these depositions before you notice or take any depositions or require ADM to respond to any discovery; 2We set May 8, 2017, as the date your client will produce documents in response to ADM’s document production requests, As discussed, you will notify me if you are not able to meet this deadline; 3 We will reschedule the deposition of RBT’s Person Most Qualified (PMQ) to begin on May 15, 2017, and will tentatively set the Custodian of Records deposition to begin on May 17, 2017, or when the PMQ deposition is completed. If ve do not receive RBT’s documents on May 8, 2017, we will discuss alternative dates for these depositions to allow for us to receive and review the documents so that Other offices of MeCORMICK, BARSTOW, SHEPPARD the depositions proceed as efficiently as possible. WAYTE ANO CARRUTH, LLP ynnw mecormackbarstow eon Thank you for your cooperation in this matter. CINCINNATI, OH OFFICE Very truly yours, Scripps Centar, Sute 1050 ‘312 Walnut Street Cincinnati, On 45202 oT | Tolapirane (513) 762-7820 Fax (519) 762-7821 a DENVER, CO OFFICE 999 16th Street, Sate 3000 Timothy L. hompson Denver, Colorudo 80202 Tolophone (720) 282-8126 McCormick Barstow LLP Fax (720) 262-6127 LAS VEGAS, NV OFFICE 0337 West Sunset Read, Suite 360 Las Vogas, Nevada 89113 15626-00001 4420483, 1 Totephone {702) 948-1 109 Fax (702) 949-140 MODESTO, CA OFFICE 1426 | Stroe!, Suite1 Modesto, Caliorna 95354 ‘Talephione (208) 524.1100 Fag (209) 520-1188 Exhibit 3 Subject: RBT/ADM From: C. Russell Georgeson (crgdanelaw@sbcglobal.net) To: tim.thompson@mecormickbarstow.com; Date: Thursday, April 13, 2017 7:36 AM Tim, We need to get in place a workable protective order for both RBT and ADM. Do you want to make the first stab at drafting? Russ Georgeson and Belardinelli 7060 N. Fresno Street, Ste. 250 Fresno, CA 93720 Telephone: (559) 447-8800 Facsimile: (559) 447-0747 This message may be confidential or privileged. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this communication having been sent by email. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and destroy the original message. Exhibit 4 Subject: RE: RBT/ADM From: Tim Thompson (Tim. Thompson@mccormickbarstow.com) To: crgdanelaw@sbcglobal.net; Date: Thursday, Apri! 13, 2017 10:26 AM Yes, I can do that. TIM THOMPSON Attorney McCormick Barstow, LLP 7847 North Fresno Street McCORMICK P.O, Box 28912 Fresno, CA 93729-8912 BARSTOW LLP (558) 433-1300 main (659) 433-2300 fax ATTORNEYS AT LAW ‘Tim. Thompson@mecormickbarstow.com Gott = Ey FREGNO CINCINHATE DENVER LAS VEGAS MODESTO CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged, Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by forwarding this to info@mecormickbarstow.com or by telephone at (559) 433-1300, and destroy the original transmission and its attachments without reading or saving it in any manner. Thank you. From: C. Russell Georgeson [mailto:crgdanelaw@sbeglobal.net} Sent: Thursday, April 13, 2017 7:37 AM To: Tim Thompson Subject: RBT/ADM Tim, We need to get in place a workable protective order for both RBT and ADM. Do you want to make the first stab at drafting? Russ Georgeson and Belardinelli 7060 N, Fresno Street, Ste. 250 Fresno, CA 93720 Telephone: (559) 447-8800 Facsimile: (559) 447-0747 This message may be confidential or privileged. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this communication having been sent by email. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited, If you have received this communication in error, please immediately notify us by telephone and destroy the original message. Attachments * 117041313263306539,png (4.52KB) * 117041313263306739.png (3.70KB) * 117041313263306939. png (7.50KB) Exhibit 5 Subject FW: ADM/RBT - Ltr to Georgeson re Discovery From: Tim Thompson (Tim. Thompson@mccormickbarstow.com) To: ergdanelaw@sbeglobal.net; Date: Tuesday, April 18, 2017 2:45 PM Russ, Please see attached letter confirming our conversation last Friday. Also, | am following up on my letter re: meet-and-confer on our demurrer. I am available to discuss with you on the phone or in person tomorrow, 9-12 or 3-4:40; Thursday, 9-4:30; or Friday, 7-11 am. Let me know what works for you, thanks, TIM THOMPSON Attorney McCormick Barstow, LLP MceCORMICK 7647 North Frasno Street P.O, Box 28912 Fresno, CA 93729-8912 BARSTOW LLP (589) 433-1300 main (559) 433-2300 fax ATTORNEYS AW LAW Tim.Thompson@mecormickbarstow.com eae a) FREENO GINCINKATE DENVER LAS VEGAS MCOESTO CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by forwarding this to info@mecormickbarstow.com or by telephone at (559) 433-1300, and destroy the original transmission and its attachments without reading or saving it in any manner. Thank you. Attachments 2017.04.18 tlt Ltr to Georgeson re ADM Discovery Response Extension.PDF (54.75KB) 117041817452901429.png (4.52KB) 117041817452901629,png (3.70KB) 117041817452901829.png (7.50KB) wi McCORMICK BARSTOW LLP April 18, 2017 ATTORNEYS AT LAW Teo hasan Via E-Mail and U.S. Mail (crite in Catenin) io59 83-2104 ‘imithompsongdmccontéckbarstow.com C. Russell Georgeson Georgeson and Belardinelli FRESNO, CA OFFICE ‘7847 Non Fresno Stett 7060 North Fresno Street, Suite 250 Fresno, CA 99720 Fresno, CA 93720 P.O, Box 28912 Frosno, CA 93729-8012 Telephone (558) 433-1300 Fax (559) 433-2300 Re: Archer Daniels Midland (“ADM”) v, Richard Best Transfer, Inc. (“RBT”) Our File No.: 05026-00001 Dear Mr. Georgeson: This letter will confirm our conversation on April 14, 2017, in which you confirmed that your office will only be representing Richard Best Transfer, Inc., and Charles Littlefield in this matter. This will also confirm that the time in which our client, ADM, is to respond to all pending discovery requests as well as the Demand for Bill of Particulars is extended until after we have received RBT’s full document production response and have completed the depositions of the individuals RBT produces in response to our person most qualified deposition notice and custodian of records deposition notice. As we discussed, let’s try to have a call this week to set some mutually convenient dates for pending discovery. Very truly yours, oT Other offizaa of ‘MoCORMICK, BARSTOW, SHEPPARD ‘WAYTEAND GARRUTH, LLP -— | Timothy L. jompson ‘wew.mecormickbaratow. com, McCormick Barstow LLP CINCINNATI, OH OFFICE ‘Scripps Conter, Suite 1050 ‘312 Walnut Street Cincinnati, Ohla 45202 ‘Telephona (513) 762-7520 05026-00001 4438230.1 Fax (513) 762-7521 DENVER, CO OFFICE 999 18th Stet, Bulle 3000 Danver, Coforado 80202 Totophone (720) 282-8126 Fax (720) 202-8127 LAS VEGAS, NV OFFICE 8397 Wost Sunset Road, Suite 360 {Las Vegas, Nevada 83113 ‘Telephone (702) 49-1100 Pax (709) 949-1501 MODESTO, CA OFFICE 11264 Street, Suite 1 Modasto, Celfomia 95354 ‘Tetephone (209) 24. Fax {208) 1188 Exhibit 6 Subject: Re: Best v. ADM From: C. Russell Georgeson (crgdanelaw@sbcglobal.net) To: Monica.Barsotti@meccormickbarstow.com; Tim. Thompson@mecormickbarstow.com; Ce: Niki, Cunningham@meccormickbarstow.com, Date: Monday, May 8, 2017 9:48 AM Thanks Monica. C. Russell Georgeson Georgeson and Belardinelli 7060 N. Fresno Street, Ste. 250 Fresno, CA 93720 Telephone: (559) 447- 8800 Facsimile: (559) 447-0747 This message may be confidential or privileged. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this communication having been sent by email. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and destroy the original message. a - From: Monica Barsotti To: 'C. Russell Georgeson' ; Tim Thompson Ce: Niki Cunningham Sent: Monday, May 8, 2017 9:46 AM Subject: RE: Best v. ADM Kellie, I need to obtain attorney approval; I'll get back to you as soon as possible. MONICA BARSOTTI Secretary McCormick Barstow, LLP 7647 North Frasno Street McCORMICK i P.O, Box 28912 Fresno, CA 93720-8842 BARSTOW LLP (559) 433-4300 main (559) 433-2300 fax ATTORNEYS AT LAW Monica.Barsotti@mocormickbarstow.com a FRESNO GINCINNAT) SENVER LAS VEGAS MODESTO CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by forwarding this to info@mccormickbarstow.com or by telephone at (559) 433-1300, and destroy the original transmission and its attachments without reading or saving it in any manner. Thank you. - From: C. Russell Georgeson [mailto:crgdanelaw@sbeglobal.net] : Sent: Monday, May 08, 2017 9:34 AM To: Monica Barsotti; Tim Thompson Subject: Best v. ADM Good Morning Monica: Just following up on my telephone message| left this morning regarding an extension of time requested by our office on behalf of Richard Best Transfer Inc. | know Tim is in trial, but if you could please let me know if we may have to and including May 19, 2019 on behalf of Richard Best Transfer Inc. (the same day Chuck Littlefield's responses to document production are due) to respond to your client's request for production of documents | would really appreciate it. Sorry for the short notice as our responses are due today. Thank you Kellie C, Russell Georgeson Georgeson and Belardinelli 7060 N. Fresno Street, Ste. 250 Fresno, CA 93720 Telephone: (559) 447-8800 Facsimile: (559) 447-0747 This message may be confidential or privileged. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this communication having been sent by email. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of this communication is strictly prohibited. if you have received this communication in error, please immediately notify us by telephone and destroy the original message. Attachments * 117050812463602283.png (4.52KB) + 117050812463602583.png (3.70KB) * 117050812463602783.png (7.50KB) Exhibit 7 Subject: ADMIRBT - Meet & Confer Letter From: Monica Barsotti (Monica.Barsotti@mecormickbarstow.com) To: crgdanelaw@sbcglobal.net; jceampagne@campagnelaw.com; Niki.Cunningham@mccormickbarstow.com; Tim. Thompson@mecormickbarstow.com; Imartin@weiss- Ce: salinas,com; Date: Monday, June 5, 2017 4:46 PM Dear Mr. Georgeson and Mr. Campagne, Attached is correspondence of today’s date from Ms. Cunningham regarding the above-referenced matter. Please contact our office if you have any questions. lvi McCORMICK MONICA Secretary BARSOTTI McCormick Barstow, LLP 7647 North Fresno Stroet P.O, Box 28912 Frasno, CA 93729-8912 BARSTOW LLP (659) 433-1300 main (559) 433-2300 fax ATTORNEYS Ad LAW Monica Barsotti@mecormickbarsiow.com Pa as. ai FRESNO CINCINHATE DENVER LAS VEGAS MODESTO CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential and proprietary information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. {f you have received this transmission in error, please immediately notify us by forwarding this to info@meccormickbarstow.com or by telephone at (559) 433-1300, and destroy the original transmission and its attachments without reading or saving it in any manner. Thank you, ener Attachments 2017.06.05 NEC Mccet & Confer Ltr to Georgeson, Campagne (ADM).PDF (1.48MB) 1170605 19464001765 .png (4.52KB) 117060519464001965.png (3.70KB) 117060519464002165.png (7.50KB) Iwi McCORMICK BARSTOW LLP June 5, 2017 ATTORNEYS AT LAW (Nikole €, Cunningham Via E-MAIL AND US. Mat. wean te ‘tk. gunriagham@mooomckbarstow.com, C, Russell Georgeson Justin T, Campagne Georgeson & Belardinelli Campagne & Campagne FRESNO, CA OFFICE Airport Office Center 7647 North Fresno Street 7060 N. Fresno St., Ste. 250 Fresno, CA 93720 1685 North Helm Ave. P.O, Box 28912 Fresno, California 93720 Fresno, CA 93720-6012 ergdanelaw@sbcglobal.net Fresno, California 93727 hone | 3.1300 Fax (599) 432-7300 Jcampagne@campagnelaw.com Re: Richard Best Transfer, Inc. v. Archer aniels Midl d_ Com, iM id Confer re RBT and Littlefield’s Response to Request for Production, Set One. Our File No.: 5026-00001 Dear Mr. Georgeson and Mr, Campagne: Our office is in receipt of the responses served on behalf of Richard Best Transfer, Inc. (RDM) and Charles Littlefield to Archer Daniels Midland Company's (ADM) Request for Production, Set One. After review of the same, we note that several of your clients’ responses to the Request for Production are deficient. Please consider this letter as our effort to meet and confer with you regarding those deficiencies. Initially, we have not yet received documents which your clients have agreed to produce, We would request that said documents be produced no later than June 16, 2017, Other offices of Further, as a general observation, your clients assert various objections that are ‘MeCORMICK, BARSTOW, SHEPPARD ‘WAYTE AND CARRUTH, LLP conflicting, lack merit and are not asserted in good faith. Based on your clients’ responses, it is unclear whether RBT and Littlefield have made a diligent search for ‘wnnw, mecormickbarstow.com documents responsive to the requests, whether responsive documents exist, and/or CINCINNATI, OH OFFICE whether documents are being withheld. Both RBT and Littlefield’s responses provide ‘Scripps Canter, Suite 1050 342 Walnut Street general responses, general objections and specific responses to the requests for Cincinnati, Ohio 45202 ‘Tetephone (513) 762-7620 production, Under the general response, your clients note that “by stating in the Fax (513) 762-7521 responses that [they] will produce documents or are searching for documents, [they] are DENVER, CO OFFICE not representing that any documents actually exist, but rather that [they] will make a ‘999 181h Street, Suite 3000 diligent search and reasonable inquiry to ascertain whether documents responsive to the Denver, Cotorado 80202 Telephone (720) 282-8126 request do, in fact, exist.” Certain specific responses however purport that “[a]fter Fox (720) 282-8127 conducting a reasonably diligent search, no documents have been identified by LAS VEGAS, NV OFFICE [Plaintiffs] as responsive.” Itis therefore unclear how such responses can be reconciled, 8397 Weat Sunset Road, Suite 250 Las Vegan, Nevada 89113 where, on the one hand, your clients purport no search has been conducted and on the Telephone (702) 949-1100 Fax (702) 949-1101 other, that “no documents have been identified by Plaintiff[s] as responsive.” MODESTO, CA OFFICE 1425| Streal, Suito 1 If your clients have not conducted a reasonable and diligent search for responsive Modesto, Calitorin 95354 ‘Telephone {208} 624-1100 documents, as set forth under their general responses, the responses in their entirety are Fax (208) 624-1188 WA McCORMICK C. Russell Georgeson, Justin T. Campagne June 5, 2017 Page 2 BARSTOW LLP ATTORNEYS AT LAW deficient, Pursuant to California Code of Civil Procedure section 203 1.210 et seq., your clients are required to search for the requested documents and either agree to pr