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Date: 11-21-2015

Case Style: Western Sugar Cooperative, et al. v. Archer-Daniels-Midland Company, et al.

Case Number: 2:11-cv-03473-CBM-PJW

Judge: Consuelo B. Marshall

Court: United States District Court for the Central District of California (Los Angeles County)

Plaintiff's Attorney: Mark Lanier, Mark T Drooks, M Michelle Carreras, Lee A Cirsch, Ryan D Ellis, Robert E Leone, A Howard Matz, Arthur R Miller, Diana R Miller, Jonathan P Wilkerson

Defendant's Attorney: Julia Jill Bredrup, Bryce A Cooper, Stephen V D'Amore, Eugene R Egdorf, Lennette W Lee, Joan Mack, Cornelius M Murphy, Elizabeth P Papez, Michael J Proctor, Erin R Ranahan, Dan K Webb

Shon Morgan and Jack Baumann for The Coca-Cola Company

Description: Los Angeles, CA - Sugar producers settle dispute with sugar producers over what is sugar and what is not

Western Sugar Cooperative, American Sugar Refining, Inc., C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company, L.L.C., The American Sugar Cane League of the USA, Inc., The Sugar Association, Inc., and United States Sugar Corporation sued Archer-Daniels-Midland Company, Tate and Lyle Ingredients Americas, Inc., Cargill, Inc., The Corn Refiners Association, Inc. claiming that the defendants were falsely that sugar is sugar and that "corn sugar" is the same thing as cane sugar or beet sugar.

The Plaintiffs' claimed that false advertising by the Defendants was hurting their business by luring consumers away to high-fructose corn syrup.

Court docket entries for the period 10/23/2015 through 11/20/2015:

Date Filed # Docket Text
10/23/2015 593 MINUTE IN CHAMBERS- NOTICE TO ALL PARTIES OF COURT ORDER. ORDER Ruling on Defendants Motion to Exclude Certain Testimony of Drs. David Katz and Nicole Avena Predicated on Laboratory Rat Studies by Judge Consuelo B. Marshall: The Court therefore GRANTS Defendants motion to exclude the testimony of Dr. Katz that is based on studies conducted on laboratory rats, and the testimony of Dr. Avena in its entirety 427 . (jp) (Entered: 10/23/2015)
10/23/2015 594 MINUTE IN CHAMBERS- NOTICE TO ALL PARTIES OF COURT ORDER - ORDER RULING on Defendants' Motion to Limit or Exclude Certain Testimony of Dr. David A Kessler by Judge Consuelo B. Marshall: The Court therefore GRANTS Defendants' motion to exclude the testimony of Dr. Kessler on this basis 429 . (jp) (Entered: 10/23/2015)
10/23/2015 595 MINUTE IN CHAMBERS- NOTICE TO ALL PARTIES OF COURT ORDER - ORDER RULING on Defendants Motion to Exclude Testimony of Dr. Lynn P Kennedy by Judge Consuelo B. Marshall: The Court finds that Dr. Kennedy analysis, as set forth in his expert report, and his resulting opinions are relevant to the issue of damages alleged in this case, and that Dr. Kennedy is qualified to opine as an expert on this topic. The Court further finds that Dr. Kennedy opinions are based on good grounds, and that he applied principles and methods reliably to the facts in this case to reach his conclusions. The Court therefore DENIES Defendants motion 426 . (jp) (Entered: 10/23/2015)
10/26/2015 605 MINUTES OF IN CHAMBERS - ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: On 2/13/2015, the Court issued and order staying all rulings on any pending motions before the Magistrate Judge 371 . The Court hereby lifts the stay on any pending motions before the Magistrate Judge so a ruling by the Magistrate Judge may be issued. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 606 MINUTES OF IN CHAMBERS ORDER RULING ON PLAINTIFFS' MOTION IN LIMINE NO. 3 by Judge Consuelo B. Marshall: The Court DENIES Plaintiffs' Motion in Limine No. 3, titled "To Exclude Evidence or Argument Regarding Invert Sugar" 469 . Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 607 MINUTES OF IN CHAMBERS ORDER RULING ON PLAINTIFFS' MOTION IN LIMINE NO. 4 by Judge Consuelo B. Marshall: Before the Court is Plaintiffs' Motion in Limine No. 4, titled "To Exclude Evidence and Argument Regarding Genetically Modified Organisms" 470 . The Court DENIES Plaintiffs' motion to exclude evidence and argument regarding the use of Genetically Modified Organisms in the cultivation of sugar beets. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 608 MINUTES OF IN CHAMBERS ORDER RULING ON PLAINTIFFS' MOTION IN LIMINE NO. 5 by Judge Consuelo B. Marshall: The Court GRANTS Plaintiffs' Motion in Limine No. 5, titled "To Exclude Evidence and Argument Regarding Dr. Itamar Simonson's Testimony in the Millennium and High Voltage Cases" 471 . Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 609 MINUTES OF IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES ORDER RULING ON PLAINTIFFS' MOTION IN LIMINE NO. 6 by Judge Consuelo B. Marshall: The Court GRANTS Plaintiffs' Motion in Limine No. 6, titled "To Exclude Expert Testimony on the Meaning of 'Natural' and the Natural Status of HFCS" 472 . Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 610 MINUTES OF IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES ORDER RULING ON PLAINTIFFS' MOTION IN LIMINE NO. 7 by Judge Consuelo B. Marshall: At the hearing held on 10/13/2015, Plaintiffs' counsel withdrew Plaintiffs' Motion in Limine No. 7, titled "To Exclude Evidence and Argument Regarding the Splenda Litigation" 473 . The parties therefore need no ruling from the Court. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 611 MINUTES OF IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES ORDER RULING ON PLAINTIFFS' MOTION IN LIMINE NO. 8 by Judge Consuelo B. Marshall: At the hearing held on 10/13/2015, Plaintiffs' counsel withdrew Plaintiffs' Motion in Limine No. 8, titled "To Exclude Cumulative Testimony of Defendants' Expert Witnesses" 474 . The parties therefore need no ruling from the Court. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 612 MINUTES OF IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES ORDER RULING ON PLAINTIFFS' MOTION IN LIMINE NO. 1 by Judge Consuelo B. Marshall: At the hearing held on 10/13/2015, Plaintiffs' counsel withdrew Plaintiffs' Motion in Limine No. 1, titled "To Preclude Defendants' Experts from Offering Evidence Regarding Defendants' Costs and Deductions" 467 . The parties therefore need no ruling from the Court. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 613 MINUTES OF IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES ORDER RULING ON PLAINTIFFS' MOTION IN LIMINE NO. 2 by Judge Consuelo B. Marshall: Before the Court is Plaintiffs' Motion in Limine No. 2, titled "To Exclude Evidence and Argument Regarding Citizens for Health and the Hollenbeck Group" 468 . At the hearing held on 10/13/2015, the Court granted Plaintiffs' motion. Upon further consideration of the papers, evidence, and arguments, the Court reconsiders her decision and DENIES Plaintiffs' Motion in Limine No. 2. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 614 MINUTES OF IN CHAMBERS ORDER RULING ON DEFENDANTS' MOTION IN LIMINE NO. 7 by Judge Consuelo B. Marshall: Before the Court is Defendants' Motion in Limine No. 7, titled (HFCS-90)" 484 . In this motion, Defendants have moved to exclude evidence, argument, and references to HFCS-90. At the hearing held on 10/13/2015, the Court granted Defendants' motion. Upon further consideration of the papers, evidence, and arguments, the Court reconsiders her decision and DENIES Defendants' Motion in Limine No. 7. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 615 MINUTES OF IN CHAMBERS ORDER RULING ON DEFENDANTS' MOTION IN LIMINE NO. 9 by Judge Consuelo B. Marshall: At the hearing held on 10/13/2015, Defendants' counsel withdrew Defendants' Motion in Limine No. 9, titled "(Fact Witness Injury Speculation)" 486 . The parties therefore need no ruling from the Court. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 616 MINUTES OF IN CHAMBERS ORDER RULING ON DEFENDANTS' MOTION IN LIMINE NO. 11 by Judge Consuelo B. Marshall: Before the Court is Defendants' Motion in Limine No. 11, titled "(Misbranding Allegations)" 488 . In this motion, Defendants have moved to exclude evidence based on the labeling and misbranding provisions of the federal Food, Drug, and Cosmetic Act. The Court therefore GRANTS Defendants' motion. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 617 MINUTES OF IN CHAMBERS ORDER RULING ON DEFENDANTS' MOTION IN LIMINE NO. 1 by Judge Consuelo B. Marshall: Before the Court is Defendants' Motion in Limine No. 1, titled "(Alleged Antitrust Violations)" 478 . Defendants have moved to exclude evidence, argument, or references at trial regarding any proceedings or allegations of price fixing, anticompetitive conduct, or other allegations of antitrust violations involving any of the Defendants. The Court GRANTS Defendants' motion. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 618 MINUTES OF IN CHAMBERS ORDER RULING ON DEFENDANTS' MOTION IN LIMINE NO. 2 by Judge Consuelo B. Marshall: Before the Court is Defendants' Motion in Limine No. 2, titled "(Reactive Dicarbonyls)" 479 . Defendants have moved to exclude evidence related to reactive dicarbonyls. The Court DENIES Defendants' motion. However, the Court finds that the probative value of evidence regarding the effects reactive dicarbonyls may have on human health is outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, and undue delay. Therefore, the parties may not argue that reactive dicarbonyls affect human health unless they can make a proffer outside the presence of the jury that there is some evidence demonstrating that is true. At this point, the Court is aware of no such evidence.Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/26/2015 619 MINUTES OF IN CHAMBERS ORDER RULING ON DEFENDANTS' MOTION IN LIMINE NO. 3 by Judge Consuelo B. Marshall: Before the Court is Defendants' Motion in Limine No. 3, titled "(Animal Studies)" 480 . Defendants have moved to exclude evidence based on laboratory animal studies where the validity of the extrapolation of those studies' conclusions from animals to humans has not been established. The Court GRANTS Defendants' motion to exclude evidence based on animal studies where the validity of the extrapolation of those studies' conclusions from animals to humans has not been established. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/27/2015 620 Proposed Voir Dire Questions American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc(a Delaware corporation), United States Sugar Corporation, Western Sugar Cooperative.. (Lanier, W) (Entered: 10/27/2015)
10/27/2015 621 MINUTES OF IN CHAMBERS ORDER RULING ON DEFENDANTS' MOTION IN LIMINE NO. 8 by Judge Consuelo B. Marshall: Before the Court is Defendants Motion in Limine No. 8, titled "(Mexico Brief)" 485 . In this motion, Defendants have moved to exclude evidence and argument related to a legal brief filed by Defendant Corn Refiners Association with a Mexican government agency in 1997. The Court DENIES Defendants' Motion in Limine No. 8. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/27/2015 622 MINUTES OF IN CHAMBERS ORDER RULING ON DEFENDANTS' MOTION IN LIMINE NO. 5 by Judge Consuelo B. Marshall: Before the Court is Defendants' Motion in Limine No. 5, titled "(Disparaging Hearsay Opinion Statements from Third Party DDB Chicago)" 482 . Defendants have moved to exclude evidence regarding disparaging third party hearsay opinion statements regarding Defendants or Rick Berman by DDB. The Court GRANTS Defendants' motion. The Court reserves ruling on the evidence set forth in Exhibit 34 of Erin Ranahan's Declaration in Support of Defendants' Motions in Limine at Dkt. No. 489-1, pages 615 through 649. If the parties wish to offer this evidence, they may address this issue with the Court outside the presence of the jury. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/27/2015 623 MINUTES OF IN CHAMBERS ORDER RULING ON DEFENDANTS' MOTION IN LIMINE NO. 4 by Judge Consuelo B. Marshall: Before the Court is Defendants' Motion in Limine No. 4, titled "(Rick Berman)" 481 . Defendants have moved to exclude evidence regarding Rick Berman and the Berman Entities. the Court DENIES the motion insofar as it seeks to exclude evidence regarding whether Defendants engaged third party consultants, including Mr. Berman, to contribute to Defendants' advertising campaigns, and to the extent it seeks to exclude statements made by Mr. Berman that Plaintiffs allege are false or misleading. The Court GRANTS the motion insofar as it seeks to preclude evidence pertaining to the alleged character, reputation, or former clients of Mr. Berman, or any of Mr. Berman's "unexecuted proposals for HFCS advocacy." The Court finds that such evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, and undue delay, Fed. R. Evid. 403, and constitutes inadmissible character evidence, Fed. R. Evid. 404. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/27/2015 624 MINUTES OF IN CHAMBERS) ORDER RULING ON PLAINTIFFS' MOTION TO EXCLUDE OR LIMIT THE TESTIMONY OF DEFENDANTS' EXPERT DANIEL A. SUMNER by Judge Consuelo B. Marshall: The Court DENIES Plaintiffs' Motion to Exclude or Limit the Testimony of Defendants' Expert Daniel A. Sumner 438 . The Court finds that Dr. Sumner is qualified to testify on the subject of damages based on his qualifications and expertise, and that his opinions are based on reliable methods. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/27/2015 625 MINUTES OF IN CHAMBERS ORDER RULING ON DEFENDANTS' MOTION TO EXCLUDE THE TESTIMONY OF DR. ITAMAR SIMONSON by Judge Consuelo B. Marshall: Before the Court is Defendants' Motion to Exclude the Testimony of Dr. Itamar Simonson 428 . The Court DENIES Defendants' motion insofar as it seeks to preclude Dr. Simonson from testifying about the survey he conducted and its results. The Court GRANTS the motion insofar as it seeks to preclude Dr. Simonson from testifying as to Defendants' motivations for instituting the campaign, the character and reputation of Defendants and other third parties, and opinions regarding the campaign's effectiveness that are not supported by Dr. Simonson's survey. The Court finds that the probative value of this evidence is substantially outweighed by the danger of prejudice, and also is not reliable. The Court finds that Dr. Simonson's opinions based on the results of his survey are relevant and reliable under Rule 702. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/27/2015 626 MINUTES OF IN CHAMBERS ORDER RULING ON PLAINTIFFS' MOTION TO LIMIT OR EXCLUDE THE TESTIMONY OF DEFENDANTS' EXPERT PETER E. ROSSI by Judge Consuelo B. Marshall: Before the Court is Plaintiffs' Motion to Limit or Exclude the Testimony of Defendants' Expert Peter E. Rossi 439 . The Court finds that Dr. Rossi is qualified to testify as an expert on marketing, statistics, and economics, and that his opinions regarding the impact of the Defendants campaign on HFCS and other sweeteners are relevant and reliable. The Court therefore DENIES Plaintiffs' motion to exclude Dr. Rossi's testimony on these topics. However, experts are precluded from opining as to legal conclusions. Therefore, the Court GRANTS the motion insofar as it seeks to preclude Dr. Rossi from testifying on entitlement to damages. Entitlement to damages is an issue for the jury to decide. Court Reporter: Not Reported. (gk) (Entered: 10/27/2015)
10/27/2015 627 Proposed Voir Dire Questions filed by DEFENDANT Archer-Daniels-Midland Company, Cargill, Inc., Ingredion Incorporated, Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc... (Ranahan, Erin) (Entered: 10/27/2015)
10/27/2015 628 PROPOSED JURY INSTRUCTIONS filed by JOINT PROPOSED JURY INSTRUCTIONS American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc(a Delaware corporation), United States Sugar Corporation, Western Sugar Cooperative.. (Lanier, W) (Entered: 10/27/2015)
10/27/2015 629 PROPOSED JURY INSTRUCTIONS filed by PLAINTIFFS' DISPUTED PROPOSED JURY INSTRUCTIONS American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc(a Delaware corporation), United States Sugar Corporation, Western Sugar Cooperative.. (Lanier, W) (Entered: 10/27/2015)
10/27/2015 630 PROPOSED JURY VERDICT filed by PLAINTIFFS American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, Squire Patton Boggs (US) LLP, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc(a Delaware corporation), United States Sugar Corporation, Western Sugar Cooperative. (Lanier, W) (Entered: 10/27/2015)
10/27/2015 631 PROPOSED JURY INSTRUCTIONS (DISPUTED set) filed by DEFENDANTS Archer-Daniels-Midland Company, Cargill, Inc., Ingredion Incorporated, Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc... (Ranahan, Erin) (Entered: 10/27/2015)
10/27/2015 632 PROPOSED SPECIAL JURY VERDICT filed by DEFENDANTS' AND COUNTERCLAIM-PLAINTIFFS' Archer-Daniels-Midland Company, Cargill, Inc., Ingredion Incorporated, Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Ranahan, Erin) (Entered: 10/27/2015)
10/27/2015 633 MINUTES OF ORDER REGARDING PARTIES' STIPULATED JOINT JUROR QUESTIONNAIRE by Judge Consuelo B. Marshall: Before the Court is the parties' Stipulated Joint Juror Questionnaire. (Dkt. No. 586, 586-1.) The Court approves the questionnaire (Dkt. No. 586-1) subject to the following revisions in this order. See document for details. Court Reporter: Not Reported. (gk) (Entered: 10/28/2015)
10/28/2015 634 PROPOSED SPECIAL JURY VERDICT filed by DEFENDANTS' AND COUNTERCLAIM-PLAINTIFFS' AMENDED PROPOSED SPECIAL VERDICT FORM Archer-Daniels-Midland Company(a Delaware corporation), Cargill, Inc.(a Delaware corporation), Ingredion Incorporated, Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Ranahan, Erin) (Entered: 10/28/2015)
10/28/2015 635 NOTICE OF ERRATA filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc., Counter Claimant Ingredion Incorporated. correcting Jury Verdict (Proposed), 632 (Ranahan, Erin) (Entered: 10/28/2015)
10/28/2015 636 STIPULATION REGARDING CASE SCHEDULE (Lanier, W) (Entered: 10/28/2015)
10/28/2015 637 PRETRIAL STIPULATION regarding Exhibits RE. JOINT EXHIBIT LIST. (Lanier, W) (Entered: 10/28/2015)
10/28/2015 638 Witness List filed by DEFENDANTS' AND COUNTERCLAIM PLAINTIFFS' (REVISED) PROPOSED Archer-Daniels-Midland Company, Cargill, Inc., Ingredion Incorporated, Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc... (Ranahan, Erin) (Entered: 10/28/2015)
10/28/2015 639 Witness List filed by PLAINTIFFS AND COUNTERCLAIM DEFENDANTS' REVISED PROPOSED WITNESS LIST American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc(a Delaware corporation), United States Sugar Corporation, Western Sugar Cooperative.. (Lanier, W) (Entered: 10/28/2015)
10/28/2015 640 PRETRIAL STIPULATION regarding Exhibits STIPULATION REGARDING JOINT EXHIBIT LIST. (Lanier, W) (Entered: 10/28/2015)
10/29/2015 641 SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh - Telephonic Conference re: Defendants' MOTION to Compel PRODUCTION OF DOCUMENTS 360 , is set for TODAY, October 29, 2015 at 1:00pm before Magistrate Judge Patrick J. Walsh. Call-in number: 213-894-7774 - User Password: 12477# THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY (Entered: 10/29/2015)
10/29/2015 642 NOTICE OF ERRATA filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc, United States Sugar Corporation, Western Sugar Cooperative, Counter Defendants The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc. correcting Stipulation re: Exhibits Pretrial Trial 637 (Lanier, W) (Entered: 10/29/2015)
10/29/2015 643 JOINT REQUEST FOR COURT TO ALLOW REAL TIME REPORTING (Attachments: # 1 Proposed Order)(Lanier, W) Modified on 11/2/2015 (lom). (Entered: 10/29/2015)
10/29/2015 644 STIPULATED REVISED JOINT JUROR QUESTIONNAIRE (Attachments: # 1 Exhibit Revised Juror Questionnaire)(Lanier, W) (Entered: 10/29/2015)
10/30/2015 645 AMENDED JOINT REQUEST TO COURT TO ALLOW REAL TIME REPORTING FOR TRIAL (Attachments: # 1 Proposed Order)(Lanier, W) Modified on 11/2/2015 (lom). (Entered: 10/30/2015)
10/30/2015 646 NOTICE OF ERRATA filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc, United States Sugar Corporation, Western Sugar Cooperative, Counter Defendants The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc. correcting Miscellaneous Document 643 (Lanier, W) (Entered: 10/30/2015)
10/30/2015 647 REQUEST for Ruling Plaintiffs' Motion In Limine No. 6 filed by Defendants Archer-Daniels-Midland Company(a Delaware corporation), Cargill, Inc.(a Delaware corporation), Ingredion Incorporated, Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Attachments: # 1 Declaration of Michael J. Proctor Re Offer of Proof In Support of Request for Clarification of Court's Ruling on Plaintiffs' Motion In Limine No. 6, # 2 Exhibit s A - N to Declaration of Michael J. Proctor Re Offer of Proof In Support of Request for Clarification of Court's Ruling on Plaintiffs' Motion In Limine No. 6) (Attorney Michael J Proctor added to party Archer-Daniels-Midland Company(pty:cc), Attorney Michael J Proctor added to party Cargill, Inc.(pty:cc)) (Proctor, Michael) (Entered: 10/30/2015)
10/30/2015 648 NOTICE OF LODGING filed re REQUEST for Ruling Plaintiffs' Motion In Limine No. 6 647 (Attachments: # 1 Proposed Order Re Defendants' Request for Clarification of Court's Ruling on Plaintiffs' Motion In Limine No. 6)(Proctor, Michael) (Entered: 10/31/2015)
10/30/2015 651 ORDER ON AMENDED JOINT REQUEST TO COURT TO ALLOW REAL TIME REPORTING FOR TRIAL 645 by Judge Consuelo B. Marshall. The Court having considered same, HEREBY ORDERS that the Parties' Request is GRANTED. (lom) (Entered: 11/02/2015)
10/31/2015 649 APPLICATION for attorney Robert E. Leone to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16711653 paid.) filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc(a Delaware corporation), United States Sugar Corporation, Western Sugar Cooperative. (Attachments: # 1 Proposed Order) (Cirsch, Lee) (Entered: 10/31/2015)
11/02/2015 650 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Consuelo B. Marshall: granting 649 APPLICATION to Appear Pro Hac Vice by Attorney Robert E. Leone on behalf of Plaintiffs, designating Lee A. Cirsch as local counsel. (lt) (Entered: 11/02/2015)
11/02/2015 652 REPLY in Opposition to REQUEST for Ruling Plaintiffs' Motion In Limine No. 6 647 filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc, United States Sugar Corporation, Western Sugar Cooperative, Counter Defendants The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc. (Attachments: # 1 Proposed Order No. 1, # 2 Proposed Order No. 2, # 3 Proposed Order No. 3)(Lanier, W) (Entered: 11/02/2015)
11/02/2015 653 REPLY In Support of REQUEST for Ruling Plaintiffs' Motion In Limine No. 6 647 filed by Counter Claimants Archer-Daniels-Midland Company, Archer-Daniels-Midland Company, Cargill, Inc., Cargill, Inc., Ingredion Incorporated, Tate and Lyle Ingredients Americas, Inc., Tate and Lyle Ingredients Americas, Inc., Defendants Archer-Daniels-Midland Company, Cargill, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Attachments: # 1 Declaration of Michael J. Proctor Re Offer of Proof In Support of Request for Clarification of Court's Ruling on Plaintiffs' Motion In Limine No. 6, # 2 Exhibit s O - S to Proctor Declaration)(Proctor, Michael) (Entered: 11/02/2015)
11/02/2015 666 AMENDED FINAL PRETRIAL CONFERENCE ORDER approved by Judge Consuelo B. Marshall (See order for details). (shb) (Entered: 11/06/2015)
11/03/2015 654 PROPOSED JURY VERDICT filed by PLAINTIFFS' OBJECTIONS TO DEFENDANTS' SPECIAL VERDICT FORM American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc(a Delaware corporation), United States Sugar Corporation, Western Sugar Cooperative. (Attachments: # 1 Proposed Order)(Lanier, W) (Entered: 11/03/2015)
11/03/2015 655 PROPOSED JURY INSTRUCTIONS filed by PLAINTIFFS AND COUNTERCLAIM DEFENDANT'S OBJECTIONS TO DEFENDANTS' DISPUTED [PROPOSED] JURY INSTRUCTIONS American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc(a Delaware corporation), United States Sugar Corporation, Western Sugar Cooperative.. (Attachments: # 1 Proposed Order)(Lanier, W) (Entered: 11/03/2015)
11/03/2015 656 Joint STIPULATION for Order on Joint Stipulation Regarding Revised Joint Exhibit List and Trial Disclosure Schedule for Witnesses, Exhibits, Demonstratives, and Deposition Designations filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Ingredion Incorporated, Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Ranahan, Erin) (Entered: 11/03/2015)
11/03/2015 657 OBJECTIONS to Jury Instructions (Proposed), 629 , Jury Instructions (Proposed),, 655 filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc., Counter Claimant Ingredion Incorporated. (Ranahan, Erin) (Entered: 11/03/2015)
11/03/2015 658 OBJECTIONS to Jury Verdict (Proposed), 630 (SPECIAL) filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc., Counter Claimant Ingredion Incorporated. (Ranahan, Erin) (Entered: 11/03/2015)
11/03/2015 663 MINUTES OF JURY TRIAL 1ST DAY HELD AND CONTINUED: Jury Trial - 1st Day held and continued before Judge Consuelo B. Marshall: Jury Trial continued to 11/4/2015 at 08:30 AM before Judge Consuelo B. Marshall. Defendants request for clarification on Courts ruling on Plaintiffs motion in limine No. 6 647 is hereby clarified and now moot. The stipulation re case schedule 636 is DENIED. Panel is sworn and will return Court Reporter: Katie Thibodeaux/Shayna Montgomery. (shb) (Entered: 11/05/2015)
11/04/2015 660 MINUTES (IN CHAMBERS) Order re: Defendants' Motion to Compel Production of Documents Improperly Withheld on Privilege Grounds by Magistrate Judge Patrick J. Walsh 312 360 591 . Before the Court is Defendants' motion to compel Plaintiffs to produce documents, which Plaintiffs contend are protected by the attorney-client privilege. (Doc. No. 360.) The motion is granted in part and denied in part. (im) (Entered: 11/05/2015)
11/04/2015 674 MINUTES OF JURY TRIAL DAY TWO: Jury Trial - 2nd Day held before Judge Consuelo B. Marshall: Jury empanelled and sworn. Opening statements made. Jury Trial set for 11/5/2015 at 08:00 AM before Judge Consuelo B. Marshall. Court Reporter: Katie Thibodeaux/Shayna Montgomery. (shb) (Entered: 11/09/2015)
11/05/2015 659 NOTICE OF MOTION AND MOTION to Quash Trial Subpoena for Frederic L. Kenney filed by Defendants Archer-Daniels-Midland Company(a Delaware corporation), Cargill, Inc.(a Delaware corporation), Ingredion Incorporated, Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. Motion set for hearing on 11/5/2015 at 08:30 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Declaration of Frederic L. Kenney In Support of Motion to Quash Trial Subpoena, # 2 Proposed Order Granting Motion to Quash Trial Subpoena of Defendant's In-House Counsel Frederic L. Kenney) (Proctor, Michael) (Entered: 11/05/2015)
11/05/2015 661 REQUEST for Issuance of Curative Instruction to Jury filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Ingredion Incorporated, Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Attachments: # 1 Proposed Order) (Ranahan, Erin) (Entered: 11/05/2015)
11/05/2015 662 MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: Court's Rulingson Parties' Objections to Audrae Erickson Deposition Designations (See order for details). (shb) (Entered: 11/05/2015)
11/05/2015 664 PLAINTIFFS' MOTION TO COMPEL TRIAL TESTIMONY OF DEFENSE WITNESSES CUDDY AND WILLITS AND RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION FOR CURATIVE INSTRUCTION re: REQUEST for Issuance of Curative Instruction to Jury 661 (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lanier, W) (Entered: 11/05/2015)
11/05/2015 665 OPPOSITION Plaintiffs' Opposition to Defendants' Motion to Quash Trial Subpoena of Defendants' In-House Litigation Counsel Frederic L. Kenney re: NOTICE OF MOTION AND MOTION to Quash Trial Subpoena for Frederic L. Kenney 659 filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc, United States Sugar Corporation, Western Sugar Cooperative, Counter Defendants The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc. (Attachments: # 1 Proposed Order)(Lanier, W) (Entered: 11/05/2015)
11/05/2015 669 MINUTE IN CHAMBERS ORDER RE COURT'S RULING ON OBJECTION TO RICHARD BERMAN DEPOSITION DESIGNATIONS by Judge Consuelo B. Marshall: (See order for details). (shb) (Main Document 669 replaced on 11/10/2015) (cbr). (Entered: 11/06/2015)
11/05/2015 675 MINUTES OF JURY TRIAL DAY THREE: Jury Trial - 3rd Day held before Judge Consuelo B. Marshall: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 11/6/2015 at 07:30 AM before Judge Consuelo B. Marshall. Court Reporter: Shayna Montgomery. (shb) (Entered: 11/09/2015)
11/06/2015 667 REPLY filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc., Counter Claimant Ingredion Incorporated to REQUEST for Issuance of Curative Instruction to Jury 661 (Ranahan, Erin) (Entered: 11/06/2015)
11/06/2015 668 MINUTE IN CHAMBERS NO PROCEEDINGS HELD by Judge Consuelo B. Marshall: REVISED ORDER - COURT'S RULING ON OBJECTIONS TO DON HOFFMAN DEPOSITION DESIGNATIONS (See order for details) (shb) Modified on 11/10/2015 (shb). (Main Document 668 replaced on 11/10/2015) (cbr). (Entered: 11/06/2015)
11/06/2015 676 MINUTES OF JURY TRIAL DAY FOUR: Jury Trial - 4th Day held before Judge Consuelo B. Marshall: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 11/9/2015 at 07:30 AM before Judge Consuelo B. Marshall. Defendants motion to quash 659 is withdrawn. Defendants request for issuance of curative instruction to jury 661 is submitted. Plaintiffs motion to compel trial testimony of defense witness Cuddy 664 is withdrawn.Court Reporter: Katie Thibodeaux/ Shayna Montgomery. (shb) (Entered: 11/09/2015)
11/08/2015 670 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Testimony of Dr. David Kessler filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. Motion set for hearing on 11/9/2015 at 07:30 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order)(Ranahan, Erin) (Entered: 11/08/2015)
11/08/2015 671 DECLARATION of Erin R. Ranahan in support of MOTION IN LIMINE to Exclude Testimony of Dr. David Kessler 670 filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Ranahan, Erin) (Entered: 11/08/2015)
11/09/2015 672 OPPOSITION Plaintiffs' Opposition re: MOTION IN LIMINE to Exclude Testimony of Dr. David Kessler 670 filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc, United States Sugar Corporation, Western Sugar Cooperative, Counter Defendants The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc. (Attachments: # 1 Proposed Order)(Lanier, W) (Entered: 11/09/2015)
11/09/2015 673 DECLARATION of M. Michelle Carreras In Support of Plaintiffs' Opposition to Motion to Exclude the Testimony of Dr. David Kessler filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc, United States Sugar Corporation, Western Sugar Cooperative, Counter Defendants The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Carreras, M) (Entered: 11/09/2015)
11/09/2015 680 MINUTES OF JURY TRIAL DAY FIVE: Jury Trial - 5th Day held before Judge Consuelo B. Marshall: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 11/10/2015 at 07:30 AM before Judge Consuelo B. Marshall. Defendants motion to exclude testimony of Dr. David Kessler 670 is granted. Court Reporter: Katie Thibodeaux. (shb) (Entered: 11/13/2015)
11/10/2015 687 MINUTES OF JURY TRIAL DAY SIX: Jury Trial - 6th Day held before Judge Consuelo B. Marshall: Witnesses called, sworn and testified. Exhibits identified and admitted.Jury Trial continued to 11/12/2015 at 07:30 AM before Judge Consuelo B. Marshall.Court Reporter: Katie Thibodeaux. (shb) (Entered: 11/16/2015)
11/10/2015 702 ORDER ON JOINT STIPULATION REGARDING REVISED JOINT EXHIBIT LIST AND TRIAL DISCLOSURE SCHEDULE FOR WITNEESSES, EXHIBITS, DEMONSTRATIVE AND DEPOSITION DESIGNATIONS by Judge Consuelo B. Marshall. (See order for details). (shb) (Entered: 11/20/2015)
11/12/2015 679 MINUTE IN CHAMBERS ORDER by Judge Consuelo B. Marshall RE COURT'S RULINGS ON OBJECTIONS TO DAVID WEINTRAUB DEPOSITION DESIGNATIONS (shb) (Main Document 679 replaced on 11/16/2015) (cbr). (Main Document 679 replaced on 11/17/2015) (cbr). (Entered: 11/13/2015)
11/12/2015 691 MINUTES OF JURY TRIAL DAY SEVEN: Jury Trial - 7th Day held before Judge Consuelo B. Marshall: Witness called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 11/13/2015 at 07:30 AM before Judge Consuelo B. Marshall. Court Reporter: Katie Thibodeaux/Shayna Montgomery. (shb) (Entered: 11/17/2015)
11/13/2015 677 REQUEST to Supplement Correct and Supplement the Record as to the Reliability of Dr. Lynn P. Kennedy's Opinions filed by PLAINTIFFS' AND COUNTER-DEFENDANT'S American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc(a Delaware corporation), United States Sugar Corporation, Western Sugar Cooperative. (Attachments: # 1 Proposed Order) (Lanier, W) (Entered: 11/13/2015)
11/13/2015 678 DECLARATION of M. Michelle Carreras re REQUEST to Supplement Correct and Supplement the Record as to the Reliability of Dr. Lynn P. Kennedy's Opinions 677 filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc, United States Sugar Corporation, Western Sugar Cooperative, Counter Defendants The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Lanier, W) (Entered: 11/13/2015)
11/13/2015 688 ORDER REGARDING TRIAL TESTIMONY OF DR. DAVID KATZ by Judge Consuelo B. Marshall: IT IS HEREBY ORDER THAT Dr. Katz must appear in Court for the completion of his cross examination and testimony, in person or by live video, at 8:00 a.m. Pacific Standard Time on Monday, 6 November 16, 2015. (shb) (Entered: 11/17/2015)
11/13/2015 692 MINUTES OF JURY TRIAL DAY EIGHT: Jury Trial - 8th Day held before Judge Consuelo B. Marshall: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 11/16/2015 at 07:30 AM before Judge Consuelo B. Marshall. Court Reporter: Shayna Montgomery. (shb) (Entered: 11/17/2015)
11/15/2015 681 OBJECTIONS to Exhibits and Demonstratives Defendants Intend to Use in Direct Examination of Alan Willits filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc, United States Sugar Corporation, Western Sugar Cooperative, Counter Defendants The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Lanier, W) (Entered: 11/15/2015)
11/15/2015 682 OBJECTIONS to Exhibits and Demonstratives Plaintiffs Intend to Use in Direct Examination of Courtney Gaine filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit 9, # 5 Exhibit 284, # 6 Exhibit 285, # 7 Exhibit 374, # 8 Exhibit 493)(Ranahan, Erin) (Entered: 11/15/2015)
11/15/2015 683 RESPONSE filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.to Objection,, 681 to Plaintiffs' Objections to Exhibits and Demonstratives to Be Used In Direct Examination of Alan Willits (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ranahan, Erin) (Entered: 11/15/2015)
11/15/2015 684 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Certain Trial Testimony of Courtney Gaine filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. Motion set for hearing on 11/16/2015 at 07:30 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Exhibit 1-8, # 2 Exhibit 9, # 3 Exhibit 10-11, # 4 Proposed Order)(Ranahan, Erin) (Entered: 11/15/2015)
11/15/2015 685 OBJECTIONS to the Deposition Designations of Pepe Fanjul, Jr. filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ranahan, Erin) (Entered: 11/15/2015)
11/15/2015 686 RESPONSE filed by Plaintiffs American Sugar Refining Inc, C and H Sugar Company, Inc., Imperial Sugar Corporation, Michigan Sugar Company, Minn-Dak Farmers Cooperative, The Amalgamated Sugar Company LLC, The American Sugar Cane League of the USA Inc, The Sugar Association Inc, United States Sugar Corporation, Western Sugar Cooperative, Counter Defendants The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Inc, The Sugar Association Incto Objection, 682 (Lanier, W) (Entered: 11/15/2015)
11/16/2015 693 MINUTES OF JURY TRIAL DAY NINE: Jury Trial - 9th Day held before Judge Consuelo B. Marshall: Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial set for 11/17/2015 at 07:30 AM before Judge Consuelo B. Marshall. Court Reporter: Katie Thibodeaux. (shb) (Entered: 11/17/2015)
11/17/2015 689 MINUTE IN CHAMBERS COURT'S RULINGS ON OBJECTIONS TO PEPE FANJUL JR. DEPOSITION DESIGNATIONS by Judge Consuelo B. Marshall. (See order for details). (shb) (Main Document 689 replaced on 11/19/2015) (ir). (Main Document 689 replaced on 11/19/2015) (shb). (Entered: 11/17/2015)
11/17/2015 690 MINUTE IN CHAMBERS NOTICE TO ALL PARTIES OF COURT ORDER COURTS RULINGS ON EXHIBITS AND OBJECTIONS TO PEPE FANJUL DEPOSITION by Judge Consuelo B. Marshall: The Court has considered the document titled Exhibits and Objections to Pepe Fanjul Deposition and makes the following rulings: The objection to Exhibit 2 is SUSTAINED. Absent an agreement of the parties to redact, the Court GRANTS the request to redact Exhibit 4. Absent an agreement of the parties to redact, the Court GRANTS the request to redact Exhibit 13. The objection to Exhibit 14 is SUSTAINED. Absent an agreement of the parties to redact, the Court GRANTS the request to redact Exhibit 16. The objection to Exhibit 18 is SUSTAINED. Absent an agreement of the parties to redact, the Court GRANTS the request to redact Exhibit 19. (shb) (Entered: 11/17/2015)
11/17/2015 694 MINUTES OF JURY TRIAL DAY 10: Jury Trial - 10th Day held and continued before Judge Consuelo B. Marshall: Jury Trial set for 11/20/2015 at 07:30 AM before Judge Consuelo B. Marshall. There will be no testimony today. Court Reporter: Shayna Montgomery. (shb) (Entered: 11/17/2015)
11/18/2015 695 NOTICE OF LODGING filed re FINAL DEPOSITION DESIGNATIONS OF PEPE FANJUL, JR. AND REQUEST TO INTRODUCE VIDEOTAPED DEPOSITION EVIDENCE re Minutes of In Chambers Order/Directive - no proceeding held 689 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ranahan, Erin) (Entered: 11/18/2015)
11/19/2015 696 MINUTES (IN CHAMBERS)-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that the following motions: Plaintiffs and Counterclaim-Defendants request to correct and supplement the record as to the reliability of Dr. Kennedys opinions 677 and Defendants request for curative instructions 661 are hereby granted. (shb) (Entered: 11/19/2015)
11/20/2015 697 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order on Motion for Issuance, Order on Motion to Supplement, 696 . The incorrect document was attached to the docket entry. The correct document is attached hereto. (Attachments: # 1 correct .pdf image for entry 696) (shb) (Entered: 11/20/2015)
11/20/2015 698 MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall:Counsel are hereby notified that the Defendants Motion in limine to limit the trial testimony of Dr. Courtney Gaine and plaintiffs use of certain demonstratives 684 was withdrawn on the record on November 16, 2015. (shb) (Entered: 11/20/2015)
11/20/2015 699 MINUTE IN CHAMBERS NOTICE TO ALL PARTIES OF COURT ORDER by Judge Consuelo B. Marshall: re: Jury Trial - Held and Continued, 694 . Counsel are notified, and the Court agrees, to continue the jury trial currently scheduled for November 20, 2015 to November 23, 2015 at 8:00 a.m. (shb) (Entered: 11/20/2015)
11/20/2015 700 STIPULATION to Dismiss Case pursuant to Stipulation filed by Defendants Archer-Daniels-Midland Company, Cargill, Inc., Corn Products International, Inc., Roquette America, Inc., Tate and Lyle Ingredients Americas, Inc., The Corn Refiners Association, Inc.. (Attachments: # 1 Proposed Order)(Ranahan, Erin) (Entered: 11/20/2015)
11/20/2015 701 ORDER DISMISSING CASE by Judge Consuelo B. Marshall, re Stipulation to Dismiss Case, 700 . The Court ORDERS as follows: 1. The action is dismissed in its entirety, with prejudice; 2. Each party is to bear its own costs and attorneys fees incurred in this matter. Case Terminated. Made JS-6. (shb) (Entered: 11/20/2015)

Outcome: Settled for an undisclosed sum and on undisclosed terms and conditions.

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