Professional Documents
Culture Documents
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) No. 4:14-CV-859 RWS
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For Defendant:
Appearances Cont'd:
For Defendant:
For Counter
Defendant PRCG/
Haggerty:
For Counter
Defendant Blue
State Digital:
REPORTED BY:
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THE COURT:
Good morning.
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MR. ZARLENGA:
Purina.
MR. ASSMUS:
MR. ROODMAN:
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MR. WEISS:
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MR. KAHN:
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Purina.
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Morning, Judge.
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THE COURT:
Very good.
All right.
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MR. ZALESIN:
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THE COURT:
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MR. ZALESIN:
There is one.
Good.
Good morning, Your Honor.
Steve
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THE COURT:
weren't they?
MR. ZALESIN:
the back end.
THE COURT:
MR. ZALESIN:
THE COURT:
MR. ZALESIN:
Okay.
But recent developments suggest to Blue
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was not what Blue Buffalo ordered and purchased and paid for,
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the weekend and last week and were able to determine for the
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And as a
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Honor.
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case.
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As you know, Blue Buffalo has been the party that has
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which is:
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So
We'll come to a
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business.
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between Blue Buffalo and its suppliers and Blue Buffalo and
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our bags "no chicken by-product meal," and that turns out not
for it.
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We would request
If that's
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third-party claims.
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Wilbur-Ellis.
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slowly.
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chicken meal, and now that the facts have come to our
THE COURT:
MR. ZARLENGA:
All right.
Mr. Zarlenga.
time in this case that I actually agree with a lot of what Mr.
Zalesin said.
beginning.
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a corner.
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the case.
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Blue Buffalo gets up here and tries to tell you what my case
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is about.
that.
to prove that.
we'd like out of the case, saying you don't need to have
intent.
that too.
And the
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I don't object to
That's my question.
I mean, whatever
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got there.
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granted," and I always set the marker as before that date, you
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MR. ZARLENGA:
new.
spent a year fighting tooth and nail over this question which
THE COURT:
MR. ZARLENGA:
Right.
It was a monumental waste of our time.
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opportunity too.
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THE COURT:
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Is that --
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MR. ZALESIN:
And just
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I would request --
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THE COURT:
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MR. ZALESIN:
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Now, if
subject.
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THE COURT:
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MR. ZALESIN:
Obviously.
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defenses ready for trial and its expert and then on to expert
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reports.
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additional time this is going to add to the overall life of a
case.
THE COURT:
MR. ZARLENGA:
THE COURT:
MR. ZARLENGA:
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THE COURT:
having no deadlines.
Do you?
I don't know.
MR. ZARLENGA:
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THE COURT:
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MR. ZARLENGA:
Okay.
Right?
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flexible.
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That's fine.
THE COURT:
I don't know.
The Rule
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reason I have that marker out there about when you amend is
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MR. ZARLENGA:
You're talking
I don't know.
directly.
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THE COURT:
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there.
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Wilbur-Ellis
They're out
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MR. ZARLENGA:
Yeah.
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later today.
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Once a year.
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THE COURT:
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MR. ZARLENGA:
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THE COURT:
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to them.
Oh.
And sometimes I read them backwards
MR. ZARLENGA:
MR. ZALESIN:
THE COURT:
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MR. ZARLENGA:
something new.
THE COURT:
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MR. ZARLENGA:
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No.
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That's all
THE COURT:
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MR. ZARLENGA:
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spent, we've already spent, maybe we'll get that back, but
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I --
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THE COURT:
Right.
Right.
So let's go back to
It would be nice.
The money we
we're redefining.
MR. ZARLENGA:
Right.
have to go, you know, hammer and tong, tooth and nail, you
saying.
THE COURT:
But if we
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MR. ZARLENGA:
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THE COURT:
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Right.
Once
I agree.
going to occur.
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MR. ZARLENGA:
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THE COURT:
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MR. ZALESIN:
We have been
You've
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been saying, "It ain't so," but if it is so, and it looks like
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it might be so, we got somebody else who's got to hold the bag
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MR. ZALESIN:
Yeah.
Was it material?
Are we
proportion?
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THE COURT:
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MR. ZALESIN:
We don't know
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THE COURT:
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today.
It's --
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MR. ZALESIN:
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THE COURT:
I have not --
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somebody.
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MR. ZALESIN:
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THE COURT:
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them.
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MR. ZALESIN:
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THE COURT:
universe here.
haven't seen it yet, I wouldn't let them show up and sit for a
deposition --
MR. ZALESIN:
THE COURT:
MR. ZALESIN:
Yeah.
Wilbur-Ellis' position.
Wilbur-Ellis.
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THE COURT:
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end up taking twice if you redefine the case, and that's not
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helpful.
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MR. ZALESIN:
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firm.
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THE COURT:
can --
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MR. ZALESIN:
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THE COURT:
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MR. ZALESIN:
I don't know.
Okay.
In any event, that seems almost
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properly joined.
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THE COURT:
MR. ZALESIN:
MR. ZARLENGA:
THE COURT:
MR. ZARLENGA:
my wife sometimes:
Okay.
THE COURT:
MR. ZARLENGA:
THE COURT:
Well --
Oh.
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Do you disagree?
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definition of.
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MR. ZARLENGA:
THE COURT:
time.
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MR. ZARLENGA:
with you, Your Honor.
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THE COURT:
Yeah, well.
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week.
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MR. ZARLENGA:
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THE COURT:
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MR. ZARLENGA:
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fine.
That's fine.
You wouldn't.
No, I would not.
I do want to --
THE COURT:
MR. ZARLENGA:
It
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THE COURT:
MR. ZARLENGA:
Okay.
screen.
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THE COURT:
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MR. ZARLENGA:
They
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did not admit that there was by-product meal in their product.
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shipments."
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Period.
"Since
"May have."
Even a week
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So I
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Not true.
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MR. ZALESIN:
I object to
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on the ELMO.