Peterson v. Thomson International, Incorporated
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 MATTHEW PETERSON, et al., Case No.: 1:22-cv-00701-JLT-CDB
12 Plaintiffs, PRETRIAL ORDER
13 v. Deadlines:
14 THOMSON INTERNATIONAL, Motions in Limine Filing: December 20, 2024 INCORPORATED, Oppositions to Motions in Limine: January 3, 2025 15 Trial Submissions: January 15, 2025 Defendant. 16 Jury trial: January 22, 2025, at 8:30 a.m., 20 days estimate 17
18 On October 7, 2024, the Court conducted a final pretrial conference. Lindsay C. Lien Amin 19 appeared as counsel for Plaintiffs; Robert Sallander, Robert Seeds and Helen Chen appeared as 20 counsel for Defendant. 21 This case concerns the 2020 North American Salmonella Newport outbreak, associated with 22 Thomson International Incorporated’s onions grown in the central and southern valleys of California. 23 (See Compl., Doc. 1 at ¶ 23.) Plaintiffs are seven individuals who contracted Salmonella infections 24 after consuming onions allegedly “produced and sourced by Defendant Thomson International[.]” (Id. 25 at 7–12.)1 Plaintiffs bring four causes of action against Defendant: (1) strict liability; (2) breach of 26 express and implied warranties; (3) negligence; and (4) negligence per se. (Id. at 12–16.) Plaintiffs 27
28 1 On July 15, 2024, the Court granted Defendants’ Motion to Dismiss Plaintiff Carson Brenda from the instant action. (Doc. 76.) 1 request economic and non-economic damages, as well as medical expenses. (Id. at 16–17.) Plaintiffs 2 also request pre-judgment and post-judgment interest. (Id. at 17.) 3 A. JURISDICTION/ VENUE 4 This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1332 based on diversity 5 jurisdiction. In addition, Defendant resides in Bakersfield, California. (Doc. 1 at ¶ 9.) Accordingly, 6 venue is proper in the United States District Court for the Eastern District of California. See 28 U.S.C. 7 § 1391(b)(1). 8 B. JURY TRIAL 9 The parties demanded a jury trial in this matter. (Doc. 1 at 17; Doc. 82 at 2.) The jury trial will 10 consist of eight jurors. 11 C. UNDISPUTED FACTS 12 The parties have provided a statement of undisputed facts, recited below. (Doc. 82 at 2–7.) 13 1. Thomson grew and sold onions in 2020 (“Thomson onions”). 14 2. The Thomson onions were grown in various fields in Holtville and Bakersfield, 15 California. 16 3. Salmonella enterica serotype Newport is a bacteria that causes illness in humans. 17 4. Salmonella (via human or animal fecal material) can contaminate many types of foods. 18 5. Onions contaminated with Salmonella Newport are harmful when consumed by humans. 19 6. Produce containing Salmonella is considered adulterated under the Food, Drug and 20 Cosmetic Act. 21 7. Symptoms of Salmonella typically occur within six hours to six days following ingestion, 22 and commonly consist of diarrhea, nausea, vomiting, fever, and abdominal cramping, but 23 can be more severe. 24 8. Salmonella is a reportable disease. 25 9. FDA traceback efforts focused on restaurant clusters. 26 10. CDC Cluster Code “2007MLJJP-1” refers to an outbreak of Salmonella Newport. 27 11. The total number of US cases associated with the cluster was 1,127. 28 1 12. Inspections of Thomson facilities were conducted in August and September 2020. 2 13. Some Thomson onions were packed in the field. 3 14. Thomson shipped Thomson onions to Sysco Montana. 4 15. Sadie Floding2 became ill with Salmonella. 5 16. Lynnetta Klam became ill with Salmonella. 6 17. Teischa Benson became ill with Salmonella. 7 18. Jody Barry became ill with Salmonella. 8 19. Lori Davies became ill with Salmonella. 9 20. Matthew Peterson became ill with Salmonella. 10 21. Colin Strub became ill with Salmonella. 11 22. This case arises from the same 2020 Salmonella Newport outbreak that was the subject 12 of plaintiffs’ claims in Angelo v. Thomson International Inc., case no. 1:21-CV-01609- 13 JLT-CDB. Judgment in Angelo was entered in favor of Thomson on July 19, 2024. 14 23. Thomson is a family-owned business that has been farming in Bakersfield since 1893. It 15 has grown onions, and other crops, in Bakersfield and Holtville, California. 16 24. In 2020, Thomson had about 300 acres of onions in cultivation. 17 25. As in prior years, Thomson had a food safety program in place that was audited by 18 Primus, a leading independent third-party auditor. 19 26. Approximately 80 percent of Thomson’s 2020 onion crop, which included yellow, sweet 20 yellow, red, and white onion varieties, were brokered by Onions 52, a Utah-based onion 21 grower, packer, and seller, and KOR Produce, a Pennsylvania-based broker. 22 23 27. At the time, Onions 52 was brokering for five other onion growers and receiving their 24 onions into the same facilities where it handled Thomson’s onions. 25 28. On July 10, 2020, the U.S. Centers for Disease Control and Prevention (“CDC”) 26 identified an outbreak of Salmonella Newport infections, but had not identified a specific 27 28 2 Sadie Floding now uses the name Sadie Merkel. (Doc. 82 at 11.) 1 food, grocery store, or restaurant as the source of the outbreak. The outbreak was 2 assigned the identity, CDC cluster code 2007MLJJP-1. By then, the outbreak had 3 peaked. 4 29. The FDA contacted Thomson as part of its investigation. 5 30. The FDA investigation of Thomson’s farms and packing houses took place from August 6 3 to approximately September 18, 2020. As part of its ongoing investigation, the FDA, 7 with the assistance of the California Department of Public Health, sent a team of 8 inspectors to Thomson’s packing facility and growing fields. 9 31. They gathered nearly 2,000 samples for laboratory testing. 10 32. The inspection teams spent approximately 150 hours examining and taking 11 environmental samples. 12 33. The inspectors did not take water samples from the canal used to irrigate Thomson’s field 13 in Holtville. The canal was dry at the time of inspection. Water samples were from more 14 distant canals. 15 34. Because of COVID, the inspectors required the packing house to be fully opened and for 16 there to be no personnel present. Packing operations and customary maintenance and 17 cleaning of the packing house were suspended. 18 35. The outbreak strain of Salmonella Newport has not been isolated in any TII onion, any 19 product made with TII onions, in TII’s packing facility, on its equipment, or at TII’s 20 growing fields. 21 36. No TII onion has tested positive for the outbreak strain of Salmonella Newport. 22 23 37. The FDA stated that “the Salmonella Newport outbreak strain (specific whole genome 24 sequence [WGS]) was not identified in any of the nearly 2,000 subsamples tested.” 25 38. The FDA stated that “a conclusive root cause of the outbreak could not be identified.” 26 39. The FDA failed to follow up where the case exposure was at Subway retail units (not 27 supplied by Thomson), where the FDA could not explain the exposures. 28 40. The FDA conducted no sampling or environmental inspection of Onions 52, Hartley 1 Produce, or other farms that supplied them onions. 2 41. WGS is the subtyping of bacterial isolate that is submitted by culture-positive ill 3 persons, and is performed within the PulseNet molecular laboratory surveillance 4 system headed by the CDC. 5 42. WGS is performed by sequencing the DNA or “genomic makeup” of each Salmonella 6 isolate. Genomes from culture-positive patients, food, and environmental isolates are 7 compared through sequencing to determine whether they are genetically similar. 8 43.
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 MATTHEW PETERSON, et al., Case No.: 1:22-cv-00701-JLT-CDB
12 Plaintiffs, PRETRIAL ORDER
13 v. Deadlines:
14 THOMSON INTERNATIONAL, Motions in Limine Filing: December 20, 2024 INCORPORATED, Oppositions to Motions in Limine: January 3, 2025 15 Trial Submissions: January 15, 2025 Defendant. 16 Jury trial: January 22, 2025, at 8:30 a.m., 20 days estimate 17
18 On October 7, 2024, the Court conducted a final pretrial conference. Lindsay C. Lien Amin 19 appeared as counsel for Plaintiffs; Robert Sallander, Robert Seeds and Helen Chen appeared as 20 counsel for Defendant. 21 This case concerns the 2020 North American Salmonella Newport outbreak, associated with 22 Thomson International Incorporated’s onions grown in the central and southern valleys of California. 23 (See Compl., Doc. 1 at ¶ 23.) Plaintiffs are seven individuals who contracted Salmonella infections 24 after consuming onions allegedly “produced and sourced by Defendant Thomson International[.]” (Id. 25 at 7–12.)1 Plaintiffs bring four causes of action against Defendant: (1) strict liability; (2) breach of 26 express and implied warranties; (3) negligence; and (4) negligence per se. (Id. at 12–16.) Plaintiffs 27
28 1 On July 15, 2024, the Court granted Defendants’ Motion to Dismiss Plaintiff Carson Brenda from the instant action. (Doc. 76.) 1 request economic and non-economic damages, as well as medical expenses. (Id. at 16–17.) Plaintiffs 2 also request pre-judgment and post-judgment interest. (Id. at 17.) 3 A. JURISDICTION/ VENUE 4 This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1332 based on diversity 5 jurisdiction. In addition, Defendant resides in Bakersfield, California. (Doc. 1 at ¶ 9.) Accordingly, 6 venue is proper in the United States District Court for the Eastern District of California. See 28 U.S.C. 7 § 1391(b)(1). 8 B. JURY TRIAL 9 The parties demanded a jury trial in this matter. (Doc. 1 at 17; Doc. 82 at 2.) The jury trial will 10 consist of eight jurors. 11 C. UNDISPUTED FACTS 12 The parties have provided a statement of undisputed facts, recited below. (Doc. 82 at 2–7.) 13 1. Thomson grew and sold onions in 2020 (“Thomson onions”). 14 2. The Thomson onions were grown in various fields in Holtville and Bakersfield, 15 California. 16 3. Salmonella enterica serotype Newport is a bacteria that causes illness in humans. 17 4. Salmonella (via human or animal fecal material) can contaminate many types of foods. 18 5. Onions contaminated with Salmonella Newport are harmful when consumed by humans. 19 6. Produce containing Salmonella is considered adulterated under the Food, Drug and 20 Cosmetic Act. 21 7. Symptoms of Salmonella typically occur within six hours to six days following ingestion, 22 and commonly consist of diarrhea, nausea, vomiting, fever, and abdominal cramping, but 23 can be more severe. 24 8. Salmonella is a reportable disease. 25 9. FDA traceback efforts focused on restaurant clusters. 26 10. CDC Cluster Code “2007MLJJP-1” refers to an outbreak of Salmonella Newport. 27 11. The total number of US cases associated with the cluster was 1,127. 28 1 12. Inspections of Thomson facilities were conducted in August and September 2020. 2 13. Some Thomson onions were packed in the field. 3 14. Thomson shipped Thomson onions to Sysco Montana. 4 15. Sadie Floding2 became ill with Salmonella. 5 16. Lynnetta Klam became ill with Salmonella. 6 17. Teischa Benson became ill with Salmonella. 7 18. Jody Barry became ill with Salmonella. 8 19. Lori Davies became ill with Salmonella. 9 20. Matthew Peterson became ill with Salmonella. 10 21. Colin Strub became ill with Salmonella. 11 22. This case arises from the same 2020 Salmonella Newport outbreak that was the subject 12 of plaintiffs’ claims in Angelo v. Thomson International Inc., case no. 1:21-CV-01609- 13 JLT-CDB. Judgment in Angelo was entered in favor of Thomson on July 19, 2024. 14 23. Thomson is a family-owned business that has been farming in Bakersfield since 1893. It 15 has grown onions, and other crops, in Bakersfield and Holtville, California. 16 24. In 2020, Thomson had about 300 acres of onions in cultivation. 17 25. As in prior years, Thomson had a food safety program in place that was audited by 18 Primus, a leading independent third-party auditor. 19 26. Approximately 80 percent of Thomson’s 2020 onion crop, which included yellow, sweet 20 yellow, red, and white onion varieties, were brokered by Onions 52, a Utah-based onion 21 grower, packer, and seller, and KOR Produce, a Pennsylvania-based broker. 22 23 27. At the time, Onions 52 was brokering for five other onion growers and receiving their 24 onions into the same facilities where it handled Thomson’s onions. 25 28. On July 10, 2020, the U.S. Centers for Disease Control and Prevention (“CDC”) 26 identified an outbreak of Salmonella Newport infections, but had not identified a specific 27 28 2 Sadie Floding now uses the name Sadie Merkel. (Doc. 82 at 11.) 1 food, grocery store, or restaurant as the source of the outbreak. The outbreak was 2 assigned the identity, CDC cluster code 2007MLJJP-1. By then, the outbreak had 3 peaked. 4 29. The FDA contacted Thomson as part of its investigation. 5 30. The FDA investigation of Thomson’s farms and packing houses took place from August 6 3 to approximately September 18, 2020. As part of its ongoing investigation, the FDA, 7 with the assistance of the California Department of Public Health, sent a team of 8 inspectors to Thomson’s packing facility and growing fields. 9 31. They gathered nearly 2,000 samples for laboratory testing. 10 32. The inspection teams spent approximately 150 hours examining and taking 11 environmental samples. 12 33. The inspectors did not take water samples from the canal used to irrigate Thomson’s field 13 in Holtville. The canal was dry at the time of inspection. Water samples were from more 14 distant canals. 15 34. Because of COVID, the inspectors required the packing house to be fully opened and for 16 there to be no personnel present. Packing operations and customary maintenance and 17 cleaning of the packing house were suspended. 18 35. The outbreak strain of Salmonella Newport has not been isolated in any TII onion, any 19 product made with TII onions, in TII’s packing facility, on its equipment, or at TII’s 20 growing fields. 21 36. No TII onion has tested positive for the outbreak strain of Salmonella Newport. 22 23 37. The FDA stated that “the Salmonella Newport outbreak strain (specific whole genome 24 sequence [WGS]) was not identified in any of the nearly 2,000 subsamples tested.” 25 38. The FDA stated that “a conclusive root cause of the outbreak could not be identified.” 26 39. The FDA failed to follow up where the case exposure was at Subway retail units (not 27 supplied by Thomson), where the FDA could not explain the exposures. 28 40. The FDA conducted no sampling or environmental inspection of Onions 52, Hartley 1 Produce, or other farms that supplied them onions. 2 41. WGS is the subtyping of bacterial isolate that is submitted by culture-positive ill 3 persons, and is performed within the PulseNet molecular laboratory surveillance 4 system headed by the CDC. 5 42. WGS is performed by sequencing the DNA or “genomic makeup” of each Salmonella 6 isolate. Genomes from culture-positive patients, food, and environmental isolates are 7 compared through sequencing to determine whether they are genetically similar. 8 43. The first step in epidemiological investigations is to contact caregivers or case 9 patients with the outbreak strain without delay in order to gather information about 10 food and beverages consumed in the several days before the case patient fell ill. 11 44. In the 2020 Salmonella Newport outbreak, early case patient interviews indicated 12 Mexican-style foods, with several subclusters associated with Mexican-style 13 restaurants identified, prompting supplementary interviews and questionnaires 14 focusing on Mexican-style food and food ingredients. 15 45. Other exposures assessed were white and yellow onions, red, round tomatoes, 16 Roma tomatoes, green peppers, hot peppers, cilantro, and ground beef, which 17 were identified in 3, 4, 4, 2, 4, 3, 6, and 5 subclusters, respectively. 18 46. Most of Thomson’s customers were wholesalers that place orders with TII by email or 19 telephone. Thomson did not sell its onions directly to retailers outside of Southern 20 California. 21 47. Thomson did not deliver or ship the vast majority of its produce to customers. 22 23 48. Purchasers made their own arrangements to pick up and transport produce from 24 Thomson’s Bakersfield, CA facility. 25 49. Thomson provided its produce to these purchasers FOB. 26 50. Though unnecessary for Thomson’s purposes, customers may have sometimes listed a 27 “ship to” address on purchase orders. 28 51. Thomson keeps records of any “ship to” addresses provided by its customers. 1 52. Neither HelloFresh nor EveryPlate was a TII customer in 2020. 2 53. TII did not arrange transportation for shipment of TII product to HelloFresh or 3 EveryPlate in 2020. 4 54. EveryPlate did not purchase onions from Thomson. 5 55. EveryPlate had 32 suppliers of onions for its meal kit products in 2020, none of which 6 was Thomson. 7 56. None of EveryPlate’s suppliers for meal kits in 2020 was HelloFresh. 8 57. EveryPlate submitted purchase orders to its suppliers for a given week. 9 58. The onions were shipped by the suppliers to EveryPlate’s various distribution centers. 10 59. Subway was not a TII customer in 2020. 11 60. Thomson did not ship onions to Great Wolf Lodge in Washington where plaintiff 12 Mathew Peterson allegedly ate a sandwich with onions. 13 61. Thomson did not ship onions to Jimmy John’s in Helena, Montana where plaintiff Sadie 14 Floding allegedly ate a sandwich with onion rings. 15 62. Thomson did not ship onions to Bert & Ernies in Helena, Montana where plaintiff Sadie 16 Floding allegedly ate a sandwich with red onions. 17 63. Thomson did not ship onions to Amazon from which plaintiff Colin Strub allegedly 18 bought a red onion. Amazon was not a TII distributor. 19 64. Thomson did not ship onions to Bajio Mexican restaurant in Portland, Oregon where 20 plaintiff Jody Barry allegedly ate street tacos with white or yellow onions. 21 65. Thomson did not ship onions to MOD Pizza in Gresham, Oregon where plaintiff Jody 22 23 Barry allegedly ate a pizza with cooked onions. 24 66. Thomson did not ship onions to La Tienda De Guadalupe in Gresham, Oregon where 25 plaintiff Jody Barry allegedly ate salsa containing onions. 26 67. Thomson did not ship onions to KFC in Great Falls, Montana where plaintiff Teischa 27 Benson allegedly ate a King Burger with onions. 28 68. Thomson did not ship onions to IGA in Great Falls, Montana where plaintiff Teischa 1 Benson allegedly bought red onions. 2 69. There is no evidence showing where the church members from plaintiff Teischa 3 Benson’s church purchased the onions served at a potluck. 4 70. Thomson did not ship onions to Sobeys in Calgary, Alberta, Canada where plaintiff 5 Lynnetta Klam’s daughter allegedly bought toppings for a home-made pizza. 6 71. Properly cooking onions kills any Salmonella so that a person consuming it would not 7 become ill. 8 72. Thomson did not ship onions to Fat Bass in Priest River, Idaho where plaintiff Lori 9 Davies allegedly ate a hamburger with onions. 10 73. Thomson did not ship onions to Dish in Priest River, Idaho where plaintiff Lori Davies 11 allegedly ate a fish taco with onions. 12 74. Thomson did not ship onions to Blu Olive in Portland, Oregon where plaintiff Lori 13 Davies allegedly ate a salad with red onions. 14 D. DISPUTED FACTS 15 The parties have provided the following list of facts in dispute. 16 17 1. Thomson’s personnel were trained in food safety. 18 2. Michelson Laboratories, Inc. tested Thomson’s irrigation water annually during the 19 growing season and did not detect Salmonella. 20 3. Onions 52 took physical possession of approximately 20 percent—as many as four 21 million pounds—of the onions it sold from Thomson and repacked them before 22 distribution to others. 23 4. On July 13, 2020, PulseNet notified FDA of a cluster of 134 Salmonella Newport 24 illnesses from 16 states. By this time TII had not shipped onions to nine of the listed 25 states. 26 5. As of July 20, 2020, the only food items consumed by outbreak cases that were 27 significant when compared to the Food Net Population Survey were cilantro and leafy 28 greens. 1 6. On July 20, 2020, the notable exposures from SEDRIC did not include onions and were 2 leafy greens, cheese, beef, chicken, tomatoes, and cilantro. 3 7. As of July 21, 2020, microbiological and epidemiological information were unable to 4 identify a single suspect vehicle. 5 8. Information from points of service did not indicate if Thomson onions were the onions 6 that were consumed by the cases. 7 9. No outbreak clusters were in Southern California. 8 10. The amount in controversy and the cause of plaintiffs’ illnesses and damages. 9 11. Thomson introduced Salmonella contaminated onions into the stream of commerce, 10 regardless of where the onions were initially picked up. 11 12. Thomson’s annual sales were approximately $10 million. 12 13. Thomson onions were shipped via other entities to the lower 48 states and several 13 Canadian provinces. 14 14. Salmonella infections can be associated with several long-term sequelae, such as post- 15 infectious bowel changes. 16 15. When a human tests positive for Salmonella, the health care provider is required to 17 submit the sick person’s Salmonella isolate for analysis by public health officials. 18 16. Public health entities at the state level may perform testing called whole genome 19 sequencing on Salmonella isolates. 20 17. In June 2020, public health officials noticed an increase in closely related human 21 Salmonella Newport cases (“the outbreak strain”). 22 23 18. Some individuals with the outbreak strain were interviewed by public health workers to 24 determine their possible exposures. 25 19. As data was amassed, both Canadian and U.S. investigations independently began to 26 show a significant correlation between infection with the outbreak strain and 27 consumption of foods containing bulb onion or red onion in the incubation period. 28 20. Data from sick individuals was compared to baseline data for average consumption over 1 a given period (FoodNet Population Surveys). 2 21. Binomial comparisons of exposure to onions were statistically significant with this 3 baseline data. 4 22. A number of individuals sickened with the outbreak strain in Canada lived in long-term 5 care facilities or nursing homes. 6 23. Canadian officials gathered supply records for these facilities. 7 24. Multiple care facilities used the same supplier, which had supplied the long-term care 8 facilities with Thomson onions. 9 25. Canadian traceback efforts determined that Thomson onions were a commonality among 10 onions supplied to locations that individuals sickened with the outbreak strain reported 11 consuming onions at during the incubation period. 12 26. Four Montana restaurants (Choppers, Doc Holliday’s Roadhouse, Las Margaritas, and 13 MT Pints) that individuals sickened with the outbreak strain had eaten at during the 14 incubation period were supplied by Sysco Montana and each had been supplied with 15 Thomson onions. 16 27. Four Oregon food service locations who individuals sickened with the outbreak strain 17 had eaten at during the incubation period were supplied by Sysco Portland, and each 18 location was supplied with Thomson onions. 19 28. One Arizona restaurant that individuals sickened with the outbreak strain had eaten at 20 during the incubation period was supplied by Sysco Arizona and had been supplied with 21 Thomson onions. 22 23 29. One food service location that individuals sickened with the outbreak strain had eaten at 24 during the incubation period, supplied by Minkus Family Farms, had been supplied with 25 Thomson Onions. 26 30. The Public Health Agency of Canada (PHAC) and the Canadian Food Inspection Agency 27 (CFIA) used the outbreak number 2007NewWGS-1MP. 28 31. The total number of Canadian cases associated with the cluster was 515. 1 32. Public health officials did not test any onions consumed by the Plaintiffs, as they had 2 been consumed by the time of the investigation. 3 33. Thomson International had several food safety violations at the time of the outbreak that 4 could have served as a vehicle for introduction or proliferation of Salmonella in the 5 Thomson onions. 6 34. Thomson irrigated using untreated surface water in 2020. 7 35. Thomson had a tail water pond incident in 2020. 8 36. Thomson packaged onions in Bakersfield using the same equipment it packed onions in 9 Holtville. 10 37. Some Thomson facilities had evidence of animal intrusion. 11 38. Environmental samples from Thomson’s Holtville, California location identified twenty- 12 two subsamples positive for Salmonella, including multiple isolates of Salmonella 13 Newport. The outbreak strain was not recovered. 14 39. Environmental sampling at the Bakersfield, California locations produced five 15 subsamples positive for Salmonella but not Salmonella Newport. 16 40. Positive environmental test results demonstrate the presence of closely related enteric 17 pathogens in the environment even though on-farm investigation and sampling took place 18 well after the growing season when active farm operations had shifted away from 19 growing, harvesting, and distribution of onions. 20 41. A July 2021 water test performed by Michelson Laboratories, Inc., for Thomson 21 International, Inc., returned a positive result for Salmonella. 22 23 42. Sadie Floding purchased a sandwich containing onions from a restaurant called Bert and 24 Ernies. 25 43. Bert and Ernies used Thomson onions supplied by Sysco Montana. 26 44. Thomson onions were also shipped to Montana via other entities. 27 45. Sadie Floding reported eating foods containing onions prior to getting sick. 28 46. As a result of her Salmonella infection, Sadie Floding required medical care and incurred 1 medical bills, and also felt physically unwell. 2 47. Following her acute Salmonella infection, Sadie Floding experienced a change in her 3 bowel habits. 4 48. Plaintiff Sadie Merkel (formerly Floding)’s 2020 Salmonella s isolate’s whole genome 5 sequencing was identified as part of outbreak 2007MLJJP-1 by CDC. 6 49. Plaintiff Sadie Floding had, and still has, ancillary, unrelated medical issues after 7 treatment of her Salmonella infection in July 2020. 8 50. Thomson shipped onions to entities that exported the Thomson onions to Canada. 9 51. Thomson onions were supplied to several entities in the province of Alberta. 10 52. Lynnetta Klam reported eating onions in the week prior to becoming ill. 11 53. Specifically, Lynnetta Klam consumed a homemade pizza containing onions prior to her 12 illness onset. 13 54. As a result of her Salmonella infection, Lynnetta Klam required medical care and felt 14 physically unwell. 15 55. Following her acute Salmonella infection, Lynnetta Klam experienced a change in her 16 bowel habits. 17 56. Lynnetta Klam’s Salmonella isolate is included in the multinational outbreak 18 2007MLJJP-1/2007NewWGS-1MP. 19 57. Plaintiff Lynnetta Klam had, and still has, ancillary, unrelated medical issues after 20 treatment of her Salmonella infection in July 2020. 21 58. Thomson shipped onions to entities that supplied the onions to several entities in the State 22 23 of Oregon. 24 59. Jody Barry reported eating onions in the week prior to July 10, 2020. 25 60. As a result of her Salmonella infection, Jody Barry required medical care and incurred 26 medical bills, and also felt physically unwell. 27 61. Jody Barry remained ill into August 2020, reporting elevated stress and fatigue. 28 62. Jody Barry’s 2020 Salmonella isolate’s whole genome sequencing was identified as part 1 of outbreak 2007MLJJP-1 by CDC. 2 63. Thomson shipped onions to entities that supplied the onions to several entities in the 3 States of Oregon and Idaho. 4 64. Lori Davies reported eating onions in the week prior to July 5, 2020. 5 65. As a result of her Salmonella infection, Lori Davies required medical care and incurred 6 medical bills, and also felt physically unwell. 7 66. Following her acute Salmonella infection, Lori Davies experienced hair loss, post- 8 infectious bowel changes, and mast cell activation symptom exacerbation. 9 67. Lori Davies’ 2020 Salmonella isolate’s whole genome sequencing was identified as part 10 of PulseNet Cluster 2007MLJJP-1 by CDC. 11 68. Plaintiff Lori Davies had, and still has, ancillary, unrelated medical issues after her three- 12 day hospitalization in July 2020 due to her Salmonella infection. 13 69. Thomson shipped onions to entities that supplied the onions to several entities in the 14 States of Oregon and Idaho. 15 70. Matthew Peterson reported eating onions in the week prior to July 3, 2020. 16 71. As a result of her Salmonella infection, Matthew Peterson required medical care and 17 incurred medical bills, and also felt physically unwell. 18 72. Plaintiff Matthew Peterson’s 2020 Salmonella isolate’s whole genome sequencing was 19 identified as part of PulseNet Cluster 2007MLJJP-1 by CDC. 20 73. Plaintiff Matthew Peterson had, and still has, ancillary, unrelated medical issues after 21 treatment of his Salmonella infection in July 2020. 22 23 74. Thomson shipped onions to entities that supplied the onions to several entities in the State 24 of Montana. 25 75. Teischa Benson reported eating onions in the week prior to becoming ill on July 10, 2020. 26 76. Teischa Benson became ill with Salmonella Newport. 27 77. As a result of her Salmonella infection, Teischa Benson required medical care and 28 incurred medical bills, and also felt physically unwell. 1 78. Teischa Benson’s 2020 Salmonella isolate’s whole genome sequencing was identified as 2 part of outbreak 2007MLJJP-1 by CDC. 3 79. Thomson shipped onions to entities that supplied the onions to several entities in the State 4 of Colorado. 5 80. Colin Strub reported eating onions in the week prior to June 25, 2020. 6 81. Colin Strub became ill with Salmonella Newport. 7 82. As a result of his Salmonella infection, Colin Strub required medical care and incurred 8 medical bills, and also felt physically unwell. 9 83. Following his acute Salmonella infection, Colin Strub developed post-infectious irritable 10 bowel syndrome. 11 84. Plaintiff Colin Strub is a confirmed 2020 Salmonella Newport outbreak case of CDC 12 cluster code 2007MLJJP-1. 13 85. Plaintiff Colin Strub had, and still has, ancillary, unrelated medical issues after treatment 14 of his Salmonella infection in July 2020. 15 E. DISPUTED EVIDENTIARY ISSUES/MOTIONS IN LIMINE 16 Both parties intend to file motions in limine regarding the evidence to be used at trial. The 17 purpose of a motion in limine is to establish in advance of the trial that certain evidence should not be 18 offered at trial. “Although the Federal Rules of Evidence do not explicitly authorize in limine rulings, 19 the practice has developed pursuant to the district court’s inherent authority to manage the course of 20 trials.” Luce v. United States, 469 U.S. 38, 40 n.2 (1984); Jonasson v. Lutheran Child and Family 21 Services, 115 F. 3d 436, 440 (7th Cir. 1997). The Court will grant a motion in limine, and thereby bar 22 use of the evidence in question, only if the moving party establishes that the evidence clearly is not 23 admissible for any valid purpose. Id. The court does not encourage the filing of motions in limine 24 unless they are addressed to issues that can realistically be resolved by the court prior to trial and 25 without reference to the other evidence which will be introduced by the parties at trial. 26 In advance of filing any motion in limine, counsel SHALL meet and confer to determine 27 whether they can resolve any disputes and avoid filing motions in limine. Along with their 28 motions in limine, the parties SHALL file a certification demonstrating counsel have in good 1 faith met and conferred and attempted to resolve the dispute. Failure to provide the 2 certification may result in the Court refusing to entertain the motion. 3 Any motions in limine must be filed with the Court no later than December 20, 2024. The 4 motion must clearly identify the nature of the evidence that the moving party seeks to prohibit the 5 other side from offering at trial. Any opposition to the motion must be served on the other party and 6 filed with the Court no later than January 3, 2025. Upon receipt of any opposition briefs, the court 7 will notify the parties if it will hold a hearing on the motions in limine. 8 1. Plaintiffs: 9 Plaintiffs represent that they intend to move in limine to admit FDA, CDC, and Canadian 10 records as public records under Federal Rule of Evidence 803(8). (Doc. 82 at 13–14.) Additionally, 11 Plaintiffs state that they will move in limine to prohibit, exclude, or limit: (1) references to possible 12 contamination of Thomson’s onions at locations other than Thomson’s facilities; (2) reference to 13 investigations in Michigan; (3) the anticipated testimony of Dr. Melvin Kramer under Federal Rules of 14 Evidence 702 or 403; (4) the expected testimony of Dr. Martin Wiedmann; and (5) any reference to 15 substance abuse, treatment, mental health and counseling records, or medical records pertaining to 16 reproductive health. (Id. at 14.) Plaintiffs may file additional motions in limine. (Id.) 17 2. Defendant: 18 Thomson intends to file motions in limine to exclude the following categories of evidence: 19 1. Recalls of Thomson onions, under FRE 403 and 407; 20 2. Plaintiffs’ Medical Records as inadmissible hearsay; 21 3. Plaintiffs’ testimony that they had Salmonella, that they had the outbreak strain, and 22 that they were sickened by Thomson onions; 23 4. Testimony from Plaintiffs’ expert, Dr. Dunn, including (a) his opinion that Thomson 24 was the source of the outbreak strain, and (b) Dunn’s testimony that Plaintiff Colin 25 Strub’s Salmonella infection resulted from exposure to Thomson’s onions; 26 5. Evidence that Plaintiffs tested positive for the outbreak strain; 27 6. Testimony about possible causes of contamination of Thomson’s onions; 28 7. Opinions from any government agency or investigator about the cause of the 2020 1 Salmonella Newport outbreak or its alleged link to onions, including onions from 2 Thomson; 3 8. The CDC line list of Plaintiff Colin Strub; and 4 9. Tests performed by Michelson Laboratories, Inc. for Thomson after August 1, 2020 as 5 irrelevant under FRE 403. 6 (Doc. 82 at 15–16.) 7 F. SPECIAL FACTUAL INFORMATION 8 1. General Nature of Accident (E.D. Cal. L.R. 281(b)(6)(iv)(A)): 9 a. This case arises out of a 2020 outbreak of Salmonella Newport that various public 10 health authorities linked to Defendant’s onions. The outbreak sickened individuals in 11 48 states. Plaintiffs allege that they were exposed to Defendant’s contaminated onions 12 and developed Salmonella Newport illnesses. Plaintiffs contend that Defendant failed 13 to follow proper industry standards to prevent its products from becoming 14 contaminated. Plaintiffs assert claims of strict products liability, breach of warranty, 15 and negligence, as well as negligence per se claims in connection with Thomson’s 16 production and sale of onions contaminated with Salmonella Newport. Plaintiffs all 17 allege they sustained Salmonella by consuming Defendant’s contaminated onions. 18 Because this matter involves product liability claims, strict liability applies. As in the 19 Angelo v. Thomson case, only the strict liability claim should be submitted to the jury. 20 2. Specific Information Regarding Each Plaintiff (E.D. Cal. L.R. 281(b)(6)(iv)(B)): 21 a. Plaintiff Jody Barry is 55 years old. Jody sustained a Salmonella infection, 22 experiencing elevated stress and fatigue. She had no prior injuries and incurred 23 $11,475.40 in expected past and future medical expenses. She was at least partially 24 disabled between July and September of 2020. She is not raising a wage loss claim. 25 b. Plaintiff Teischa Benson is 31 years old. Teischa sustained a Salmonella infection. 26 Teischa had no prior injuries, incurred $3,913.19 in expected past and future medical 27 expenses, and was at least partially disabled in July 2020. Teischa is not raising a wage 28 loss claim. 1 c. Plaintiff Lori Davies is 52 years old. Davis sustained a Salmonella infection, sepsis, 2 hair loss, post-infectious irritable bowel syndrome/SIBO, bloating and pain. She 3 suffered worsened polyarthritis in her hands, feet, and legs, and worsened mast cell 4 activation. Davies incurred $18,373.66 in expected past and future medical expenses. 5 She expects future treatment to include visits to specialists who treat IBS and various 6 IBS treatments. Davies has been at least partially disabled from July 2020 until the 7 present. Davies is not raising a wage loss claim. 8 d. Plaintiff Sadie Floding is 28 years old. Floding sustained a Salmonella infection and 9 post-infectious irritable bowel syndrome. She had no prior injury or condition. She has 10 incurred $5,813.69 in past and future medical expenses and expects future treatment to 11 include visits to specialists who treat IBS and various IBS treatments. She has been at 12 least partially disabled from July 2020 until present. Floding is not raising a wage loss 13 claim. 14 e. Plaintiff Lynnetta Klam is 62 years old. She sustained a Salmonella infection, post- 15 infectious irritable bowel syndrome, bloating, and pain. She has not stated an amount 16 in past or expected future medical expenses. She expects future treatment to include 17 visits to specialists who treat IBS, and various treatments for IBS. She has been 18 disabled from July 2020 until the present. Klam is not raising a wage loss claim. 19 f. Plaintiff Matthew Peterson is 35 years old. He sustained a Salmonella infection. 20 Peterson had no prior injury or condition. He has incurred $7,194.00 in past and future 21 medical expenses and was at least partially disabled between July and August of 2020. 22 Peterson is not raising a wage loss claim. 23 g. Plaintiff Colin Strub is 45 years old. He sustained a Salmonella infection, post- 24 infectious irritable bowel syndrome, bloating, and pain. He experienced a worsening of 25 his prior condition of Gastroesophageal reflux disease (“GERD”) with esophagitis and 26 Shatzkis ring. Strub has incurred $117,708.54 in past and future medical expenses and 27 expects to have medical bills related to the treatment of his post-infectious IBS, and the 28 management thereof. He has been at least partially disabled from July 2020 until the 1 present. He is not raising a wage loss claim. 2 G. RELIEF SOUGHT 3 Plaintiffs seek compensatory damages for past and future medical expenses, lost income, and 4 general damages including pain, suffering, mental and physical discomfort, emotional distress, loss of 5 enjoyment of life, diminished quality of life, and other non-economic damages. Defendant has not 6 made a specific request for relief in the parties’ Joint Pretrial Statement. 7 H. ABANDONED ISSUES 8 The following affirmative defenses have been abandoned by Defendant Thomson 9 International: Failure to State a Claim; Failure to Mitigate; Performance; No Warranties; and Failure 10 to Join Necessary Parties. 11 I. WITNESSES 12 1. The following is a list of witnesses that the parties expect to call at trial, including 13 rebuttal and impeachment witnesses. NO WITNESS, OTHER THAN THOSE LISTED IN THIS 14 SECTION, MAY BE CALLED AT TRIAL UNLESS THE PARTIES STIPULATE OR UPON A 15 SHOWING THAT THIS ORDER SHOULD BE MODIFIED TO PREVENT “MANIFEST 16 INJUSTICE.” Fed. R. Civ. P. 16(e); Local Rule 281(b)(10). 17 1. Plaintiffs’ Witnesses 18 1. Jack Thomson
19 2. Nancy Anspach
20 3. Shantee Bonilla
21 4. Neftali Hernandez
22 5. Nancy Lugo
23 6. David Marquez
24 7. Trevor Flint, or other Onions 52 Designee
25 8. John R. Dunn, DVM, Ph.D.
26 9. Theodoros Kelesidis, MD, MSc, PhD
27 10. Myung (Scott) Choi, MD
28 11. Zachary D. McCormic 1 12. Marjorie Schultz 2 13. Christian Bond 3 14. Sadie Floding Merkel 4 15. Ronell Floding 5 16. Steve Floding 6 17. Tucker Merkel 7 18. Toby Dewolf – Owner, Bert & Ernies 8 19. Sysco Montana designee 9 20. Diane P Nowak, MD 10 21. Lynnetta Klam 11 22. Paul Forgues 12 23. Ashley Davis 13 24. Matthew Davis 14 25. William Lau, MD 15
26. David Gaunt 16
27. Dennis Todoruk MD 17
28. Lance Honish MSc 18
19 29. Jody Barry
20 30. Rob Barry
21 31. Vincent Barry
22 32. Jake Barry
23 33. Paul V Podett, MD
24 34. Lori Davies
25 35. Lee Davies
26 36. Joseph Davies
27 37. Owen Davies
28 38. Karl Kaluza, DO 1 39. Kursteen Price, MD 2 40. Matthew Peterson 3 41. Celina Fugate 4 42. Tracey Frost 5 43. Josh Purcell 6 44. Raagav Mohanakrishnan, MD 7 45. Teischa Benson 8 46. Aaron Benson 9 47. Tim Stinton, PA-C 10 48. Colin Strub 11 49. Brita Strub 12 50. Daniel Siegel, MD 13 51. Hanna M Kraus, MD 14 52. Isaac D Pierre, MD 15
53. Christopher Paul Schultz, MD 16
54. Records custodians for Plaintiffs’ medical providers to provide foundation for 17 medical records and bills
18 55. Employees or agents of FDA to provide evidentiary foundation for FDA records 19 20 56. Employees or agents of CDC to provide evidentiary foundation for CDC records
21 57. Employees or agents of California Department of Public Health to provide foundation 22 for CDPH records
23 58. Employees or agents of PHAC to provide foundation for PHAC records 24
25 59. Employees or agents of Alberta Health Services to provide foundation for Alberta Health Services records. 26 60. Employees or agents of CFIA to provide foundation for CFIA records 27
28 61. Employees or agents of entities in the chain of distribution, including customers identified by Thomson International, entities or individuals named in shipping 1 documents, or entities named by Onions 52, Inc., or Sysco-related entities, and any downstream recipient of recalled Thomson International onions or products 2 containing Thomson onions.
3 2. Defendant’s Witnesses 4 1. Jack Thomson
5 2. Elaine Thomson
6 3. Nancy Anspach
7 4. Nancy Lugo
8 5. Shantee Bonilla
9 6. Neftali Hernandez
10 7. David Marquez
11 8. Aaron Kaiser, Michelson Laboratories, Inc. of Northern California
12 9. Ambre Sharkey, Primus
13 10. Expert Witness, Martin Wiedmann, Dr. med. vet, Ph.D.
14 11. Expert Witness, Melvin Kramer, Ph.D., M.P.H.
15 12. Expert Witness, Daniel Coto, M.P.H., R.E.H.S.
16 13. Expert Witness, Stephen Blackwell, M.S., R.E.H.S.
17 14. Expert Witness, Jonathan Ellis, M.D., F.A.C.P. , Q.M.E.
18 15. Expert Witness, Daniel Wallace, M.D., F.A.C.P., M.A.C.R 19 2. The court does not allow undisclosed witnesses to be called for any purpose, 20 including impeachment or rebuttal, unless they meet the following criteria: 21 a. The party offering the witness demonstrates that the witness is for the purpose of 22 rebutting evidence that could not be reasonably anticipated at the pretrial 23 conference, or 24 b. The witness was discovered after the pretrial conference and the proffering party 25 makes the showing required in paragraph B, below. 26 3. Upon the post pretrial discovery of any witness a party wishes to present at trial, the party 27 shall promptly inform the court and opposing parties of the existence of the unlisted witnesses so the 28 1 court may consider whether the witnesses shall be permitted to testify at trial. The witnesses will not be 2 permitted unless: 3 a. The witness could not reasonably have been discovered prior to the discovery cutoff; 4 b. The court and opposing parties were promptly notified upon discovery of the witness; 5 c. If time permitted, the party proffered the witness for deposition; and 6 d. If time did not permit, a reasonable summary of the witness’s testimony was provided 7 to opposing parties. 8 J. EXHIBITS, SCHEDULES AND SUMMARIES 9 Plaintiffs’ Exhibits are those listed in Plaintiffs’ Exhibit A, as attached to the parties’ Joint 10 Pretrial Statement. (Ex. A, Doc. 82-1.) The Court incorporates Plaintiffs’ Exhibit List by reference and 11 will refer to them as “Attachment A” to this Order. 12 Defendant’s Exhibits are those listed in Exhibit B to the parties’ Joint Pretrial Statement, as 13 attached to the parties’ Joint Pretrial Statement. (Ex. B, Doc. 82-2.) The Court incorporates 14 Defendant’s Exhibit List by reference and will refer to them as “Attachment B” to this Order. 15 NO EXHIBIT, OTHER THAN THOSE LISTED IN ATTACHMENTS A-B, MAY BE 16 ADMITTED UNLESS THE PARTIES STIPULATE OR UPON A SHOWING THAT THIS ORDER 17 SHOULD BE MODIFIED TO PREVENT “MANIFEST INJUSTICE.” Fed. R. Civ. P. 16(e); Local 18 Rule 281(b)(11). 19 1. For a party to use an undisclosed exhibit for any purpose, they must meet the 20 following criteria: 21 a. The party proffering the exhibit demonstrates that the exhibit is for the purpose of 22 rebutting evidence that could not have been reasonably anticipated, or 23 b. The exhibit was discovered after the issuance of this order and the proffering party 24 makes the showing required in paragraph 2, below. 25 2. Upon the discovery of exhibits after the discovery cutoff, a party shall promptly inform 26 the court and opposing parties of the existence of such exhibits so that the court may consider their 27 admissibility at trial. The exhibits will not be received unless the proffering party demonstrates: 28 1 a. The exhibits could not reasonably have been discovered earlier; 2 b. The court and the opposing parties were promptly informed of their existence; and 3 c. The proffering party forwarded a copy of the exhibits (if physically possible) to the 4 opposing party. If the exhibits may not be copied the proffering party must show that 5 it has made the exhibits reasonably available for inspection by the opposing parties. 6 On or before November 15, 2024 counsel SHALL meet and confer to discuss any disputes 7 related to the above listed exhibits and to pre-mark and examine each other’s exhibits. Any exhibits 8 not previously disclosed in discovery SHALL be provided via e-mail or overnight delivery so that it is 9 received by the above exhibit exchange deadline. 10 1. At the exhibit conference, counsel will determine whether there are objections to the 11 admission of each of the exhibits and will prepare separate indexes; one listing joint exhibits, one 12 listing Plaintiff’s exhibits and one listing Defendant’s exhibits. In advance of the conference, counsel 13 must have a complete set of their proposed exhibits to be able to fully discuss whether evidentiary 14 objections exist. Thus, any exhibit not previously provided in discovery SHALL be provided at least 15 five court days in advance of the exhibit conference. 16 2. At the conference, counsel shall identify any duplicate exhibits, i.e., any document 17 which both sides desire to introduce into evidence. These exhibits SHALL be marked as joint exhibits 18 and numbered as directed above. Joint exhibits SHALL be admitted into evidence upon introduction 19 and motion of a party, without further foundation. 20 All joint exhibits will be pre-marked with numbers preceded by the designation “JT” (e.g. JT/1, 21 JT/2, etc.). Plaintiff’s exhibits will be pre-marked with numbers beginning with 1 by the designation 22 PX (e.g. PX1, PX2, etc.). Defendant’s exhibits will be pre-marked with numbers beginning with 501 23 preceded by the designation DX (e.g. DX501, DX502, etc.). The parties SHALL number each page of 24 any exhibit exceeding one page in length (e.g. PX1-1, PX1-2, PX1-3, etc.). 25 If originals of exhibits are unavailable, the parties may substitute legible copies. If any 26 document is offered that is not fully legible, the Court may exclude it from evidence. 27 Each joint exhibit binder shall contain an index which is placed in the binder before the 28 exhibits. The index shall consist of a column for the exhibit number, one for a description of the 1 exhibit and one column entitled “Admitted in Evidence” (as shown in the example below). 2 INDEX OF JOINT EXHIBITS 3 EXHIBIT# DESCRIPTION ADMITTED IN EVIDENCE 4
6 3. As to any exhibit which is not a joint exhibit but to which there is no objection to its 7 introduction, the exhibit will likewise be appropriately marked, i.e., as PX1, or as DX501 and will be 8 indexed as such on the index of the offering party. Such exhibits will be admitted upon introduction 9 and motion of the party, without further foundation. 10 4. Each exhibit binder shall contain an index which is placed in the binder before the 11 exhibits. Each index shall consist of the exhibit number, the description of the exhibit and the three 12 columns as shown in the example below. 13 INDEX OF EXHIBITS 14 EXHIBIT# DESCRIPTION ADMITTED OBJECTION OBJECTION IN FOUNDATION OTHER 15 EVIDENCE
17 18 5. On the index, as to exhibits to which the only objection is a lack of foundation, counsel 19 will place a mark under the column heading entitled “Objection Foundation.” 20 6. On the index, as to exhibits to which there are objections to admissibility that are not 21 based solely on a lack of foundation, counsel will place a mark under the column heading entitled 22 “Other Objections.” 23 7. As to each exhibit which is not objected to in the index, it shall be marked and received 24 into evidence and will require no further foundation. 25 After the exhibit conference, Plaintiff and counsel for the defendants SHALL develop four 26 complete, legible sets of exhibits. The parties SHALL deliver three sets of their exhibit binders to the 27 Courtroom Clerk and provide one set to their opponent, no later than 4:00 p.m., on January 16, 2025. 28 Counsel SHALL determine which of them will also provide three sets of the joint exhibits to the 1 Courtroom Clerk. 2 7. The Parties SHALL number each page of any exhibit exceeding one page in length. 3 K. POST-TRIAL EXHIBIT RETENTION 4 Counsel who introduced exhibits at trial SHALL retrieve the original exhibits and the 5 exhibit binders from the courtroom deputy following the verdict in the case. The parties’ counsel 6 SHALL retain possession of and keep safe all exhibits until final judgment and all appeals are 7 exhausted. 8 L. DISCOVERY DOCUMENTS 9 The following is a list of discovery documents – portions of depositions, answers to 10 interrogatories, and responses to requests for admissions – that the parties expect to offer at trial. 11 NO DISCOVERY DOCUMENT, OTHER THAN THOSE LISTED IN THIS SECTION, MAY BE 12 ADMITTED UNLESS THE PARTIES STIPULATE OR UPON A SHOWING THAT THIS ORDER 13 SHOULD BE MODIFIED TO PREVENT “MANIFEST INJUSTICE.” Fed. R. Civ. P. 16(e); Local 14 Rule 281(b)(12). 15 1. Plaintiffs’ Documents 16 Plaintiffs intend to use Defendant’s Answers to Interrogatories (all) and Responses to Requests 17 for Admission. Plaintiffs also intend to use the deposition of Onions 52 in the event a witness is 18 unavailable for trial. 19 Plaintiffs intend to use portions of the videotaped depositions of Defendant’s experts. 20 Plaintiffs reserve the right to use any and all portions of depositions, answers to interrogatories, 21 and responses to requests for admission for impeachment and/or rehabilitation purposes. 22 2. Defendant’s Documents 23 Defendant intends on proffering the following discovery documents for each Plaintiff at trial: 24 a. Jody Barry 25 i. Answers to Interrogatories, Set One, Nos. 3, 6, 12, 13, 14. 26 ii. Amended Answers to Interrogatories, Set One, No. 17. 27 iii. Response to Requests for Production, Set One, Nos. 1, 2, 5, 6, 7. 28 1 iv. Amended Response to Request for Production, Set One, Nos. 14, 15. 2 b. Teischa Benson 3 i. Amended Answers to Interrogatories, Set One, No. 17. 4 ii. Response to Request for Production, Set One, Nos. 1, 2, 5, 6, 7, 12, 14, 15. 5 iii. Amended Response to Request for Production, Set One, Nos. 14, 15. 6 c. Lori Davies 7 i. Answers to Interrogatories, Set One, No. 6. 8 ii. Response to Request for Production, Set One, No. 1, 2, 5, 6, 7, 12. 9 iii. Amended Answers to Interrogatories, Set One, No. 17. 10 iv. Amended Response to Request for Production, Set One, No. 14, 15. 11 d. Sadie Floding 12 i. Amended Answers to Interrogatories, Set One, No. 17. 13 ii. Response to Request for Production, Nos. 1, 2, 5, 6, 7. 14 e. Lynnetta Klam 15 i. Answers to Interrogatories, Set One, No. 6. 16 ii. Amended Answers to Interrogatories, Set One, No. 17. 17 iii. Responses to Request for Production of Documents, Set One, Nos. 1, 2, 5, 6, 18 7, 14, 15. 19 iv. Amended Responses to Request for Production of Documents, Set One, 20 Nos. 14, 15. 21 f. Matthew Peterson 22 i. Answers to Interrogatories, Set One, No. 6. 23 ii. Amended Answers to Interrogatories, Set One, No. 17. 24 iii. Responses to Request for Production of Documents, Set One, Nos. 1, 2, 5, 6, 25 7, 12, 14, 15. 26 iv. Amended Response to Request for Production of Documents, Set One, Nos. 27 14, 15. 28 g. Colin Strub 1 i. Amended Answers to Interrogatories, Set One, No. 17. 2 ii. Responses to Request for Production of Documents, Set One, Nos. 1, 2, 5, 6, 3 7, 12. 4 Defendant also intends on proffering its own discovery responses at trial, specifically, 5 Defendants’ Responses to Plaintiffs’ Interrogatories, Set One, Nos. 1–8. Defendant reserves the right 6 to use deposition testimonies and discovery responses other than those listed above. 7 M. FURTHER DISCOVERY OR MOTIONS 8 No further discovery is sought by either party. 9 N. STIPULATIONS 10 The parties have not agreed upon any stipulations. Plaintiffs request stipulation to medical 11 records and bills. 12 O. AMENDMENTS/ DISMISSALS 13 Plaintiff Carson Brenda was dismissed from this case. (Doc. 76.) 14 P. SETTLEMENT NEGOTIATIONS 15 Thomson believes a settlement conference would not be helpful. 16 Q. AGREED STATEMENT 17 In this case, plaintiffs all suffered from diarrhea during the summer of 2000. They contend it 18 was caused by Salmonella infections caused by exposure to onions grown by defendant Thomson. 19 Plaintiffs brought their case against Thomson seeking damages for their alleged injuries. 20 R. SEPARATE TRIAL OF ISSUES 21 None requested at this time. 22 S. APPOINTMENT OF IMPARTIAL EXPERTS 23 None requested. 24 T. ATTORNEYS’ FEES 25 The parties agree that each side is responsible for its own attorneys’ fees. 26 U. TRIAL DATE/ ESTIMATED LENGTH OF TRIAL 27 Jury trial is set for January 22, 2025, at 8:30 a.m. before the Honorable Jennifer L. Thurston at 28 1 the Robert E. Coyle United States Courthouse, 2500 Tulare Street, Fresno, California. Trial is expected 2 to last 20 days. 3 V. TRIAL PREPARATION AND SUBMISSIONS 4 1. Trial Briefs 5 The parties are relieved of their obligation under Local Rule 285 to file trial briefs. If any party 6 wishes to file a trial brief, they must do so in accordance with Local Rule 285 and be filed on or before 7 January 8, 2025. 8 2. Jury Voir Dire 9 The parties are required to file their proposed voir dire questions, in accordance with Local 10 Rule 162.1, on or before January 8, 2025. 11 3. Jury Instructions & Verdict Form 12 The parties shall serve, via e-mail or fax, their proposed jury instructions in accordance with 13 Local Rule 163 and their proposed verdict form on one another no later than December 26, 2024. At 14 the conference, the parties SHALL attempt to reach agreement on jury instructions and verdict form 15 for use at trial. The parties shall file all agreed-upon jury instructions and verdict form no later than 16 January 8, 2025, and identify such as the agreed-upon jury instructions and verdict forms. At the 17 same time, the parties SHALL lodge via e-mail a copy of the joint jury instructions and joint verdict 18 form (in Word format) to JLTOrders@caed.uscourts.gov. 19 If and only if, the parties after genuine, reasonable and good faith effort cannot agree upon 20 certain specific jury instructions and verdict form, the parties shall file their respective proposed 21 (disputed) jury instructions and proposed (disputed) verdict form no later than January 8, 2025, and 22 identify such as the disputed jury instructions and verdict forms. At the same time, the parties 23 SHALL lodge via e-mail, a copy of his/their own (disputed) jury instructions and proposed (disputed) 24 verdict form (in Word format) to JLTOrders@caed.uscourts.gov. 25 In selecting proposed instructions, the parties shall use Ninth Circuit Model Civil Jury 26 Instructions or California’s CACI instructions to the extent possible. All jury instructions and verdict 27 forms shall indicate the party submitting the instruction or verdict form (i.e., joint, plaintiff’s, 28 defendant’s, etc.), the number of the proposed instruction in sequence, a brief title for the instruction 1 describing the subject matter, the complete text of the instruction, and the legal authority supporting 2 the instruction. Each instruction SHALL be numbered. 3 W. OBJECTIONS TO PRETRIAL ORDER 4 Within 14 days after the date of service of this order, the parties may file written objections to 5 any of the provisions set forth in this order. The parties may file any replies to the objections within 6 seven days. The objections shall clearly specify the requested modifications, corrections, additions or 7 deletions. If no objections are filed, the order will become final without further order of the Court. 8 The parties are reminded that pursuant to Rule 16(e) of the Federal Rules of Civil Procedure and 9 Local Rule 283, this order shall control the subsequent course of this action and shall be modified only 10 to prevent manifest injustice. 11 X. MISCELLANEOUS MATTERS 12 I. The parties are advised that due to the Court's trial schedule, it is unlikely that their trial 13 will proceed as currently scheduled. Rather, the Court will trail their trial from day-to-day until the 14 trial, which is in line ahead of theirs, finishes. The parties are reminded of the availability of the 15 Magistrate Judge to preside over their trial and who would be able to hear their trial promptly. The 16 Magistrate Judge is extremely experienced and qualified to preside over their trial, and the parties 17 would retain the same appellate rights they would have otherwise. The parties SHALL reconsider 18 whether they will consent to magistrate judge jurisdiction for trial and SHALL file a notice of their 19 consent or decline to magistrate judge jurisdiction, no later than November 4, 2024. 20 II. Counsel are advised that the Court’s trial schedule, absent other court conflicts, is as 21 follows: The first day of trial and until jury selection is completed, the trial day will begin at 8:30 a.m. 22 and complete around 4:30 p.m. with an hour-long lunch break. Until the jury begins deliberating, the 23 trial day will begin at 8:00 a.m. and complete at 1:30 p.m. with no lunch break, though the trial will 24 break for two breaks during the trial day. Once the jury begins deliberating, the jury will set their own 25 schedule. 26 Additionally, the Court notes that witnesses Neftali Hernandez and David Marquez will need 27 Spanish language interpreters at trial. The party proffering the witnesses are responsible for 28 providing a federally certified court interpreter. Plaintiffs request the ability to call witnesses 1 || through videoconferencing, e.g., Zoom. Counsel SHALL confer and come to agreement as to this 2 || presentation of witnesses by Zoom. 3 COMPLIANCE 4 Strict compliance with this order and its requirements is mandatory. All parties and their 5 || counsel are subject to sanctions, including dismissal or entry of default, for failure to fully comply 6 || with this order and its requirements. 7 8 || IT IS SO ORDERED. Dated: _ October 7, 2024 ( Li pA LU. wan 10 TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
1 Attachment A 2 The following is Plaintiffs’ Exhibit List, as incorporated here: 3 4 General Liability Exhibits 5 UT HD Outbreak Records OFTPLAINTIFFS1-15 6 WA DOH Line List OFTPLAINTIFFS 16-399 7 CA HD Outbreak Records OFTPLAINTIFFS400-417 Canadian recall list NLOPLAINTIFFS00418-438 8 FDA report NLOPLAINTIFFS 439-453 9 CA DPH report NLOPLAINTIFFS 454-460 FDA Core Report NLOPLAINTIFFS 461-626 10 FDA_Onions 52 Customer List - NLOPLAINTIFFS 627 CONFIDENTIAL 11 Zalco Labs Subpoena Docs NLOPLAINTIFFS 628-646 12 Michelson Labs Subpoena Docs NLOPLAINTIFFS 647-680 13 14 Correspondence ALBMT1-1188 15 Recall Documents ALBMT1189-1576 16 Invoices ALBMT1577-1581 17 18 Kroger Subpoena fee schedule NLOPLAINTIFFS681 19 Subpoena response NLOPLAINTIFFS 682-3 20 Recall documents NLOPLAINTIFFS 684-99 21 22 Recall documents NLOPLAINTIFFS 700-731 23 Angelo v. Thomson - Flint Declaration NLOPLAINTIFFS 732-5 24 Hanley v. Thomson - Supp Dec of Trevor Flint NLOPLAINTIFFS 736-8 25 26 Hanley v. Thomson - Supp Dec of Trevor Flint NLOPLAINTIFFS 739-914 Exhibits A-D 27 Sobeys Tuscany Email response NLOPLAINTIFFS 915 28 1 Super 1 Response NLOPLAINTIFFS 916 2 Uwajimaya Beaverton Email exchange NLOPLAINTIFFS 917-919 3 Isolates PDS000002596 NLOPLAINTIFFS 920 4 5 Costco objections NLOPLAINTIFFS 921-926 6 Canada Food safety investigation NLOPLAINTIFFS 927-933 7 Amazon’s objections NLOPLAINTIFFS 934-939 8 9 Albertsons objections NLOPLAINTIFFS 940-41 10 FDA Inspection Records and Test Results 11 California Inspection Records and Test Results 12 All deposition exhibits 13 14 Primus Audits 2019 15 Primus Audits 2018 16 Onion Food Safety Program TII000003617-3645, 3553-3569 17 18 Emails regarding FSMA TII000016977-16981 19 Master Sanitation SOP TII000003465-3473 20 Food Defense Plan TII000003619-3645 21 22 Holtville Organizational Chart TII000032078 23 Traceback Diagrams 24 Thomson Onion 2020 Sales by Ship To Address 25 26 Primus Audit suspension email TII000020262 27 Emails regarding Food Safety TII000017510 28 1 Water Microbiological Testing SOP TII000032174-32177 2 Risk Assessment of Growing Operation SOP TII000032067 3 GAP Food Safety Plan TII000032073-32077 4 5 Trace back & Recall Plan TII000032197-323222 6 GAP SOP TII0000175639 et seq. (Lugo Exhibit 18, 7 Bates range out of order) 2020 Onion Operation Details TII000018894-18913 8 9 Food Safety Policy Statement TII0000049337 10 Email regarding high E. coli tests TII000017603 11 Email regarding dumped yellow onions TII000023250-23261 12 Moldy onion report TII000020674 13 14 Letter to FDA, CDC, and CFIA TII000002936 15 Press release TII000021838 16 Email protesting FDA Outbreak Investigation TII00002962-2963 17 Report 18 Answers to FDA Questions TII000020024-20032 19 FDA Investigation Report Thomson Exhibit 30 20 FDA Discussion Points from Thomson TII000002758-2760 21 Inspection 22 Emails regarding corrective actions TII000025851-24854 23 Emch & Waite-Cusic (2016), Conventional 24 Curing Practices Reduce Generic E. coli and Salmonella spp. on dry bulb onions produced 25 with contaminated irrigation water
26 Grower Water Source Inspections SOP TII000032157-32159 27 Pre-harvest Risk Assessment TII000032419 28 1 Documents produced by Dr. Martin Wiedmann 2 Testing & Inspections from Wiedmann file No. 3 25 Invoices and Bills of Lading 4 5 Invoices and Bills of Lading Summary 6 Alberta Health FOIA Records from Wiedmann 7 File No. 10 Oregon Health Authority Records Wiedmann file 8 No. 33 9 CDPH Records from Wiedmann file 10 Audit Reports from Wiedmann file Nos. 21 & 27 11 Documents produced by Dr. Melvin Kramer 12 Linelists for each Plaintiff 13 14 2020 Lot Chart TII000017723 15 Production Diagrams 16 Purchase Orders and Invoices 17 18 Purchase Orders and Invoices Spreadsheet TII000022123 19 Load and Ship Date Spreadsheets TII000025546, 25571, 25633 (Natives) 20 Risk Assessment Spreadsheets TII000032264-32588 (Natives) 21 22 Email regarding positive samples TII000002682-2683 23 Zenith correspondence regarding Sysco TII000021346-21347 24 Reports of Sample Analysis (FDA test results) Various 25 positive for Salmonella 26 Chart of positive test results TII000021267 27 Email regarding positive samples TII000021259 28 1 Invoices and bills of lading provided to FDA TII000019928 et seq., TII000019938 et seq., TII000019947 et seq. 2 Emails regarding orders to FDA TII000019924 et seq. 3 Recall letter TII000019429-19430 4 5 Lot number designation provided to FDA TII000018894 6 KOR/Onions 52/ Thomson 2020 List TII000018890 et seq. 7 Colorado Investigation Summary TIII000045768 et seq. 8 9 Multi-provincial cluster of Salmonella Newport TII000068082-68781 Final investigation summary – applicant copy 10 Canadian records TII00084202-86711 11 NCBI Isolates Browser (in real time) for 12 Plaintiffs’ isolates and the outbreak strain https://www.ncbi.nlm.nih.gov/pathogens/isolates 13 Any document identified by Defendant 14
15 16 Onions 52 Exhibits Onions 52 Customer List NLOPLAINTIFFS00627 17 Growing, Sales, and Marketing Agreement TII000067856-67865 Declaration of Trevor Flint, Onions52 TII000067866-67869 18 Onions52 order detail report TII000067870-67876 19 Onions52 order detail report TII000067877-67900 Onions52 bill of lading TII000067901 20 Onions42 invoices to purchasers TII000067902-67913 21 Onions52 Bill of lading TII000067914-5 Onions52 depo transcript from 8/31/23 – TII000067916-68081 22 Trevor Flint Supplemental Declaration of Trevor Flint, TII00068782-68784 23 Onions52 Declaration of Trevor Flint, Onions52 TII00068785-68788 24
25 Expert Reports 26 Report of Dr. John Dunn 27 Rebuttal Report of Dr. John Dunn McCormic Article 28 Dunn CV 1 Documents identified by Dr. Dunn Report of Dr. Theodoros Kelesidis 2 Dr. Kelesidis CV 3 Documents identified by Dr. Kelesidis Report of Dr. Myung (Scott) Choi 4 Dr. Choi CV Documents identified by Dr. Choi 5
6 Defense Experts 7
8 EHA Consulting Website 9 Kramer/EHA Consulting Firm Invoices Dr. Wiedmann Invoices 10 Dr. Wiedmann Emails Dr. Ellis Invoices 11 Dr. Ellis Emails 12 Documents Provided to Defense Experts
13 14 Barry, Jody 15 Records Legacy Mount Hood BARRY000023-BARRY000081 16 Legacy - GoHealth Urgent Care BARRY000082-BARRY000089 BARRY000096-BARRY000099 17 Mountain View Family Practice BARRY000142-BARRY000498 18 Bills: 19 Legacy Mount Hood BARRY000093-BARRY000094 Mountain View Family Practice BARRY000126-BARRY000141 20 Health Department Records: 21 Multnomah County Health Department BARRY000001-BARRY000018 22 Records TII000046030 Oregon State Health Authority BARRY000019-BARRY000022 23 Emails with Multnomah County BARRY000499-BARRY000508 CDC FOIA Response BARRY000509-BARRY000611 24 Proof of Purchase: 25 Rivermark Community Credit Union Bank BARRY000104-BARRY000125 26 Statements BARRY000612-BARRY000619 Bajio Mexican Grill Letter BARRY000620 27 28 1 Benson, Teischa 2 Records: 3 Great Falls Clinic BENSON000001-BENSON000371 4 Bills: 5 Great Falls Clinic BENSON000372-BENSON000381 Walgreens BENSON000411-BENSON000422 6 **Misnumbered 7 Health Department Records: 8 Cascade County Health Department BENSON000382-BENSON000408 CDC FOIA Response BENSON000423-BENSON000519 9 Proof of Purchase: 10 Embark Federal Credit Union Statements BENSON000412-BENSON000415 Albertsons Club Account and Transaction ALBBENSON0001-ALBBENSON0002 11 Details 12 Davies, Lori 13 Records: 14 Rebound DAVIES000029-DAVIES000129 15 Division of Northwest Surgical Specialists, TII000045027-TII000045479 P.C. 16 Allergy, Asthma and Dermatology Associates, DAVIES000137-DAVIES000153 P.C. 17 NW Dermatology Institute DAVIES000219-DAVIES000222 18 Myriad myRisk DAVIES000239 The Oregon Clinic, Center for Advanced DAVIES000240 19 Surgery TII000067280-TII000067287 Biolounge Nutrition DAVIES000245-DAVIES000252 20 Providence Health & Services DAVIES000260-DAVIES000601 21 Northwest Rheumatology Associates TII000067251-TII000067276 Plaza Ambulatory Surgery Center, LLC TII000067288-TII000067295 22 Bills: 23 The Wig Gallery DAVIES000002-DAVIES000003 TRG, LLC; formerly The Radiology Group DAVIES000023 24 DAVIES000603 25 TII000045480-TII000045483 NW Surgical Specialists PC DAVIES000130-DAVIES000131 26 TII000045016-TII000045026 Providence Health & Services DAVIES000155-DAVIES000213 27 NW Dermatology Institute DAVIES000214 28 Biolounge Nutrition DAVIES000241-DAVIES000244 1 Providence Health & Services DAVIES000253-DAVIES000259 2 Health Department Records: CDC Linelist DAVIES000001 3 Washington County Health Department DAVIES000004-DAVIES000019 4 TII000046102 Oregon State Health Authority DAVIES000020-DAVIES000022 5 CDC FOIA Response DAVIES000608-DAVIES000704 6 Proof of Purchase: Capital One Statements DAVIES000232-DAVIES000236 7 8 Photos 9 Before and after photos of hair DAVIES000223-DAVIES000231
10 Floding, Sadie 11 12 Records: Video from ER FLODING000002 13 St. Peters Health FLODING000489-FLODING000493 14 FLODING000500-FLODING000555 FLODING001302-FLODING001320 15 FLODING001323 FLODING001339-FLODING001482 16 Prometheus Therapeutics & Diagnostics FLODING001321 17 Mountain West Pathology Report FLODING001322 18 Bills: Lewis and Clark Emergency Physicians FLODING000485 19 FLODING000488 St. Peter’s Health FLODING000486-FLODING000487 20 FLODING000494 21 FLODING000499 FLODING001324-FLODING001325 22 FLODING001329-FLODING001335 23 Health Department Records: CDC Linelist FLODING000001 24 Montana Public Health Department FLODING000003-FLODING000484 25 CDC Emails FLODING000559-FLODING001256 CDC FOIA Response FLODING001483-FLODING001487 26 Proof of Purchase: 27 American Express Statements FLODING001257-FLODING001283 US Bank Statements FLODING001284-FLODING001297 28 1 Albertsons Club Account and Transaction ALBFLODING0001-ALBFLODING0002 Details 2 Bert and Ernie’s Subpoena Response FLODING001488-FLODING001494 3 4 Klam, Lynnetta 5 Records: 6 South Common Medical Centre KLAM000017-KLAM000031 KLAM000114 7 University of Alberta KLAM000041-KLAM000044 TII00067214-TII0006722 8 Montgomery Pinnacle Medical Centres KLAM000047-KLAM000060 9 KLAM000069-KLAM000070 KLAM000080-KLAM000094 10 KLAM000103-KLAM000104 KLAM000115-KLAM000123 11 Alberta Health Services, including Royal KLAM000032-KLAM000040 12 Alexandria and Red Deer Regional Hospital KLAM000061-KLAM000068 Center KLAM000095-KLAM000102 13 KLAM000124-KLAM000500 TII000063549-TII000063557 14 Mayfair Diagnostics KLAM000071 15 KLAM000105 Rejuvenation Dermatology Calgary South KLAM000072-KLAM000076 16 KLAM000106-KLAM000110 Hearing Loss Clinic KLAM000077-KLAM000079 17 KLAM000111-KLAM000113 18 Heritage Valley Town Centre KLAM000506-KLAM000508 Health Department Records: 19 Health Canada and Public Health Agency of KLAM000001-KLAM000012 20 Canada Public Health Agency of Canada TII00084202-TII00086711 21 Exposure Evidence: 22 Royal Bank Statements KLAM000509-KLAM000513 23 Email from daughter KLAM000501-KLAM000502 Video from daughter KLAM000503 24 Photo of pizza KLAM000504 Metadata of pizza KLAM000505 25
28 1 Peterson, Matthew 2 Records: 3 Kaiser Permanente PETERSON000009-PETERSON000037 4 PETERSON000065-PETERSON000173 5 Bills: Kaiser Permanente PETERSON000002-PETERSON000004 6 PETERSON000038 TII000045484-TII000045493 7 TII000045504 8 Health Department Records: 9 Clackamas County Health Department PETERSON000039-PETERSON000058 TII000046073 10 Oregon State Health Authority PETERSON000059-PETERSON000061 11 Proof of Purchase: 12 Great Wolf Lodge Subpoena Responses PETERSON000176-PETERSON000241
13 Strub, Colin 14 Records: 15 Denver Digestive Health Specialists STRUB000005 16 STRUB000037-STRUB000042 STRUB000062-STRUB000063 17 STRUB000079-STRUB000084 18 STRUB000586-STRUB000592 STRUB000613-STRUB000615 19 Denver Endoscopy Center STRUB000043-STRUB000047 STRUB000059-STRUB000061 20 STRUB000085-STRUB000107 STRUB000593-STRUB000612 21 STRUB000616-STRUB000630 22 Healthone Rose Medical Center STRUB000048-STRUB000050 STRUB000064-STRUB000065 23 STRUB000580-STRUB000583 24 EPC Clinic STRUB000051-STRUB000057 25 LabCorp STRUB000058 STRUB000066-STRUB000068 26 Kaiser Permanente STRUB000108-STRUB000120 STRUB000127-STRUB000476 27 28 1 UC Health STRUB000491-STRUB000569 STRUB000755-STRUB000782 2 STRUB000793-STRUB000797 Colorado Department of Public Health & STRUB000577 3 Environment 4 Colorado GI Pathology STRUB000584-STRUB000585 St. Joseph Hospital STRUB000631-STRUB000750 5 Physical Therapy Specialists STRUB000823-STRUB000886 STRUB000893-STRUB000894 6 STRUB000905-STRUB000910 7 STRUB000917-STRUB000919 TII00081355-81448 8 Rose Surgical Center TII00047843-TII00047911 9 Bills: Denver Digestive Health Specialists STRUB000028-STRUB000033 10 Denver Endoscopy Center STRUB000070 11 Kaiser Permanente STRUB000121-STRUB000126 STRUB000887-STRUB000890 12 STRUB000895-STRUB000902 STRUB000911-STRUB000914 13 UC Health STRUB000483-STRUB000490 STRUB000570-STRUB000576 14 St. Joseph Hospital STRUB000751-STRUB000754 15 Physical Therapy Specialists STRUB000891-STRUB000892 STRUB000903-STRUB000904 16 STRUB000915-STRUB000916 Rose Surgical Center TII00047912 17 Health Department Records: 18 Colorado Department of Public Health & STRUB000006-STRUB000027 19 Environment CDC FOIA Response STRUB000808-STRUB000811 20 Proof of Purchase: 21 Amazon Receipt STRUB000001-STRUB000004 STRUB000817-STRUB000822 22 1st Bank Statements STRUB000783-STRUB000792 23 STRUB000798-STRUB000807 STRUB000812-STRUB000816 24 25 26 27 28 1 Attachment B 2 The following is Defendant’s Exhibit List, as incorporated here: 3 4 Description ADMITTED OBJECTION OBJECTION IN FOUNDATION OTHER 5 EVIDENCE Food Safety 6 Program TII000005879- 7 TII000005921 8 Food Safety Plan, Master Document List. TII000032090- 9 TII000032094 2020 Food Safety Policy 10 Statement TII000032071- 11 TII000032071 2020 Food Safety Policy in 12 Spanish. TII000032072- TII000032072 13 GAP Food Safety 14 Plan for TII TII000032073- 15 TII000032077 TII Org Chart, Ranch 16 Safety Team TII000032078- 17 TII000032078 18 Food Safety Program, Part 1 19 TII000003617- TII000003645 20 Food Safety Program, Part 2, 21 North Facility TII000003553- TII000003569 22 Glad2e product use log for Kern County. TII000003743- 23 TII000003859 24 Primus Labs Packaging Audit Checklist. TII000017511- 25 TII000017520 Jose Perez PSA Grower 26 Training Course. 27 TII000025666-TII000025666 David Marquez PSA Grower 28 Training Course, 2019 1 TII000025667-TII000025667 2 Nancy Anspach FSPCA Preventive Controls for Human 3 Food, 02/08/2019. 4 TII000025668-TII000025668 Nancy Anspach PSA Grower 5 Training Course. TII000025669-TII000025669 6 Neftali Hernandez PSA Grower 7 Training Course Certificate TII000025670-TII000025670 8 Primus Final Audit Report for Brawley Onions located at 9 Hilfiker Rd & Anderholt Rd & 10 McCabe Rd, Brawley, CA TII000026686-TII000026708 11 General Training SOP. TII000032080-TII000032082 12 Food Defense Plan 13 TII000032241- TII000032248 R3 Food Defense Assessment. 14 TII000032249-TII000032251 Personal Food Training SOP 15 TII000032257-TII000032261 16 Food Safety Plan - Farming Operations. TII000032324- 17 TII000032325 2020 Food Safety Plan - 18 Farming Operations. 19 TII000032326-TII000032327 Micro Testing SOPs with 20 Michelson Lab Reports. TII000033949-TII000033971 21 Authenticating Declaration for 22 Michelson Records JJ Harvesting records for Angel 23 Nava. Includes Food Safety Training certificates for Angel 24 Nava, Manuel Cano, Joel Ocampo, Antonio Carranza, 25 Froylan Chiquito, and Teresa 26 Castillo. TII000034392-TII000034447 27 JJ Harvesting records for Carlos Mendoza, including food 28 safety, cleaning logs, SOPs, 1 certificates. TII000034448-TII000034502 2 JJ Harvesting records for Carmen Ramirez, restroom 3 service logs, water report, 4 permits, SOPs, certificates. TII000034503-TII000034553 5 JJ Harvesting records for Catalna Avalos. SOPs, cleaning 6 logs, training certification. 7 TII000034554-TII000034770 JJ Harvesting records for Ana 8 Silva, SOPs, sanitation, temperature logs, certifications. 9 TII000034771-TII000035417 10 JJ Harvesting records for Angeles Pulido. SOPs, 11 sanitation, certificates. TII000035418-TII000035567 12 JJ Harvesting records for 13 Carmen Ramirez. SOPs, sanitation, temperature logs. 14 TII000035568-TII000035846 JJ Harvesting records for Jackie 15 Torres. SOPs, temperature logs, 16 certifications. TII000035847-TII000036026 17 J.J. Harvesting records for Leonel Gogo Lopez. SOPs, 18 sanitization records, temperature logs, certificates. 19 TII000036027-TII000036181 20 JJ Harvesting Records for Raul Carranza. Food safety, SOPs, 21 certificates. TII000036182-TII000036926 22 JJ Harvesting records for 23 Guillermo Aleman. Food safety training meeting, SOPs, 24 certificates. TII000036927-TII000036990 25 JJ Harvesting records for 26 Jaqueline Luna. Food safety, cleaning, SOPs, certificates. 27 TII000036991-TII000037042 JJ Harvesting records for Mario 28 Castillo. Food safety, SOPs, 1 certificates. TII000037043-TII000037091 2 JJ Harvesting records for Neri Herrera. Food safety, SOPs, 3 certificates. 4 TII000037092-TII000037182 JJ Harvesting records for Raul 5 Carranza. SOPs, food safety, certificates of completion. 6 TII000037183-TII000037354 7 IPC/Subway Request for Information TII00069899- 8 TII00069904 Master Sanitation SOP 9 TII000003465-TII000003473 10 Incoming Materials SOP TII000003474-TII000003476 11 Chemical and Cleaning Inventory List TII000003507- 12 TII000003515 13 Product log with images of cleaning products used. 14 TII000003516-TII000003518 TII Cleaning Supplies 15 Inventory from 08/16/2019. 16 TII000003540- TII000003552 Emergency Response SOPs. 17 TII000003573-TII000003577 Pre-Operation Inspection Log. 18 TII000003578-TII000003584 19 Daily cleaning logs for the onion lines from May 4, 2020, 20 to July 31, 2020. TII000003585-TII000003601 21 Weekly sanitation logs. 22 TII000003602-TII000003611 Floor drains cleaning and 23 sanitation log beginning on May 8, 2020. 24 TII000003612-TII000003616 25 Pre-Operations log. TII000003646-TII000003699 26 Table of contents to SOPs revised in 2019. TII000017566- 27 TII000017598 28 Harvest Container Cleaning/Sanitizing Log 1 (Blank). TII000017727- TII000017727 2 Cleaning/Sanitizing SOP TII000017728- II000017730 3 Flow chart for onion receiving, 4 packing, shipping TII000018637-TII000018637 5 Life cycle of onion shipping. TII000018894-TII0000189133 6 Nancy Anspach FSPCA 7 Preventive Controls for Human Food, 02/08/2019. 8 TII000025668-TII000025668 Garcia Diamond restroom 9 service. TII000025694- 10 TII000025712 Risk Assessment Growing SOP 11 TII000032067-TII000032070 GAP Food Safety Plan 12 TII000032073-TII000032077 13 TII Org Chart TII000032079-TII000032079 14 Management Review SOP TII000032083- TII000032085 15 Industry Guidelines/Best 16 Practices TII000032086- TII000032086 17 TII Resource Analysis TII000032087-TII000032087 18 Documentation & Record Keep 19 SOP TII000032088- TII000032089 20 Master Document List, Module 2 TII000032095-TII000032095 21 SOP Table of Contents 22 TII000032096-TII000032127 How to Write a SOP 23 TII000032128-TII000032130 Corrective Action Procedure 24 SOP TII000032131- 25 TII000032133 Regulatory Inspections SOP 26 TII000032135-TII000032140 GAP Land History and Use and 27 Irrigation Water Checklist 28 TII000032141- TII000032143 1 Growing Area Selection SOP TII000032144- TII000032149 2 Grower Water Source Inspection SOP TII000032157- 3 TII000032159 4 Water Microbiological Testing SOP TII000032174- 5 TII000032177 Calibration SOP 6 TII000032178-TII000032178 7 Material On Hold and Rejected SOP TII000032180- 8 TII000032182 Product Release SOP 9 TII000032183-TII000032184 10 Buyer & Consumer Complaints & Feedback SOP 11 TII000032185-TII000032188 Farming Operation Approved 12 Suppliers List TII000032189- 13 TII000032189 Supplier Approval & 14 Monitoring SOP TII000032190-TII000032196 15 Visitor/Contractor SOP 16 TII000032253-TII000032255 Personal Food Training SOP 17 TII000032257-TII000032261 Personal Food Training SOP 18 TII000032275-TII000032280 19 Disciplinary Action SOP TII000032281-TII000032283 20 Return to Work SOP TII000032284-TII000032287 21 Pesticide Management SOP 22 TII000032295-TII000032298 Chemical/Fertilizer/Pesticide 23 Storage Inventory TII000032310-TII000032311 24 Pesticide Storage Inventory 25 SOP TII000032312- TII000032313 26 Preventative Maintenance SOP TII000032314-TII000032316 27 Work Order/Maintenance SOP 28 TII000032317-TII000032319 1 2020 TII Chemical List TII000032320-TII000032322 2 Food Safety Plan - Farming Operations. TII000032324- 3 TII000032325 4 2020 Food Safety Plan - Farming Operations. 5 TII000032326-TII000032327 Micro Testing SOPs with 6 Michelson Lab Reports. 7 TII000033949-TII000033971 2019 BC Labs and OxiDate 8 Records. TII000033972- TII000034015 9 Monitoring Logs Procedures 10 TII000038008-TII000038025 General Training SOP 11 TII00063235-TII00063513 Audit Meeting Logs 12 TII000063515-TII000063539 13 TII Board Conference Call, 01/22/2020 TII000037631- 14 TII000037631 TII Board Meeting Minutes, 15 03/27/2020 TII000037632- 16 TII000037633 KEI -BV Risk Assessment 17 TII000032264-TII000032264 KEI SKO Risk Assessment 18 TII000032265-TII000032265 19 RG 161 Risk Assessment. TII000032266-TII000032266 20 RR Holtville Ash Risk Assessment. TII000032268- 21 TII000032268 22 Ranch 3 Risk Assessment TII000032269-TII000032269 23 TII Glad Risk Assessment TII000032270-TII000032270 24 Delis Water Source Risk 25 Assessment. TII000032288- TII000032288 26 KEI Field BV Canal Water Source Risk Assessment. 27 TII000032291-TII000032291 28 KEI Field SK Canal Water 1 Source Risk Assessment. TII000032292-TII000032292 2 TII Glad Water Source Risk Assessment. TII000032293- 3 TII000032293 4 TII R3 Water Source Risk Assessment TII000032294- 5 TII000032294 Ash 11 Pre-Harvest Risk 6 Assessment. TII000032386- 7 TII000032387 BV-Sec 10 Preharvest Risk 8 Assessment. TII000032388- TII000032389 9 Fld 32 50 ac Preharvest Risk 10 Assessment TII000032419- TII000032420 11 Gladestone Pre-harvest Risk Assessment. TII000032423- 12 TII000032424 13 Pepper 22 Preharvest Risk Assessment. TII000032429- 14 TII000032430 RG-FLD 161 Pre-Harvest Risk 15 Assessment TII000032432- 16 TII000032433 RG161 Preharvest Risk 17 Assessment TII000032434- TII000032435 18 Skone Preharvest Risk 19 Assessment TII000032436- TII000032437 20 Holtville Risk Assessments. TII000032588-TII000032588 21 Email from Nicole Yuen stating 22 that one of the samples collected does not match the 23 outbreak strain. TII000025904- TII000025916 24 Delis Water Source Risk 25 Assessment. TII000032288- TII000032288 26 Michelson Lab report number 072520-M627286A. 27 TII000002800-TII000002800 BC Laboratories, Inc., Water 28 Analysis (Bacteriological), 1 dated 03/04/2019, for Well 1. TII000017599-TII000017601 2 Water Test TII000017602-TII000017602 3 FDA Receipt for fields and 4 samples. TII000025797.000001- 5 TII000025797.000002 BC Labs water testing from 13 6 Palms. TII000032558- 7 TII000032558 BC Labs testing for Well #1. 8 TII000032579-TII000032586 BC Lab reports for 9 bacteriological testing taken on 10 April 10, 2020. TII000032590-TII000032596 11 BC Labs testing for: Domestic, Packing Plant Well, 12 Well, Well Discharge 13 TII000033939-TII000033948 Compilation of TII Onion Test 14 Results Email between Nicole Yuen 15 and Jack Thomson, indicating 16 that TII onion samples from Bakersfield were all negative 17 for Salmonella. Table of samples included earlier in 18 thread. Some results still 19 pending. TII000025764- TII000025768 20 Email between Jack Thomson and Nicole Yuen, updating with 21 further salmonella testing of TII samples: All negative. 22 TII000025769-TII000025775 23 FDA Receipt for fields and samples. 24 TII000025797.000001- TII000025797.000002 25 Email from Jack Thomson 26 asking Nicole Yuen about sample results. 27 TII000025830-TII000025837 Email with lab results for some 28 FDA samples. TII000025942- 1 TII000025942 2 Jack Thomson stated he received an additional negative 3 sample notice from Jennifer 4 Kinney. TII000025946- TII000025947 5 Jack Thomson thanking Nicole Yuen for informing him of the 6 CDC web post going live. Also 7 updated sample list with some positive salmonella samples. 8 TII000026054-TII000026067 Email string with GPS 9 coordinates of positive 10 salmonella samples from TII. TII000026099-TII000026100 11 Michelson Lab report 072520- M627284A, DATED 12 07/25/2020. 13 TII000027225-TII000027225 FDA List of Sample test results. 14 TII000003172-TII000003182 Email from Donna William 15 DXHill stating negative 16 salmonella for 43/43 subsamples. 17 TII000020475-TII000020475 Email from Nicole Yuen to 18 Jack Thomson with sample updates. 19 TII000032643- TII000032650 20 Email string between Brandon Adcock to Jeff Vidanes, dated 21 07/28/2020 PH PLAINTIFF 001223-PH 22 PLAINTIFF 001226 23 Memo from Daniel Gorski to Brandi McGrady, dated 24 08/28/2020. PH PLAINTIFF 001940-PH 25 PLAINTIFF 001966 26 Photographs of Holtville Drain Ditch Sampling Site Exhibit 5 27 to Kramer Report Authentication Declaration for 28 Photographs of Holtville Drain 1 Ditch Sampling Site Exhibit 5 to Kramer Report 2 Photographs from Prosser Washington Exhibit 7 to 3 Kramer Report 4 Authentication Declaration for Photographs from Prosser 5 Washington Exhibit 7 to Kramer Report 6 Email from Jeff Vidanes to 7 Michael Needham, dated 07/28/2020. 8 Primus Standard Packinghouse Final Audit Report 9 TII000017527-TII000017557 10 Primus Audit Report for Ranch 3, 2018. TII000018302- 11 TII000018330 Primus Audit Certificate for 12 Ranch 3, June 1, 2018 to May 13 31, 2019. TII000018331-TII000018332 14 Primus audit for DiGiogio Rd, Bakersfield. Audit on 15 04/20/2020. Certification valid 16 from May 13, 2020 to May 12, 2021. 17 TII000023393-TII000023412 Primus certificate for Ranch 3 18 at DiGiogio Rd, valid from 19 May 13, 2020 to May 12, 2021. Final audit 20 score 97%. TII000023413-TII000023414 21 Primus Standard Packinghouse audit from August 28, 2019. 22 Score 94%. 23 TII000023446-TII000023447 Primus Final Audit Report for 24 Kei Filed Skone, located in Tejon Rd, Bakersfield, dated 25 April 20, 2020. 26 TII000023460-TII000023477 Primus Corrective Action 27 Report for Kei Field Skone, dated April 20, 2020. 28 TII000023478-TII000023482 1 Primus Certificate for Kei Field Skone, Tejon Road, dated from 2 May 28, 2020 to May 27, 2021. Audit 3 score 97%. 4 TII000023483-TII000023484 Primus audit "Corrective 5 Action Report" for Kei Field BV, located at Buena Vista 6 Blvd, Bakersfield, dated April 7 20, 2020. TII000023486-TII000023490 8 Primus Final Audit Report for Kei Field BV dated April 20, 9 2020. 10 TII000023491-TII000023509 Primus Certificate for Kei Field 11 BV from May 28, 2020 to May 27, 2021. 12 TII000023510-TII000023511 13 Primus Final Audit Report for Brawley Onions located at 14 Hilfiker Rd & Anderholt Rd & McCabe Rd, Brawley, CA 15 TII000026686-TII000026708 16 Primus Certificate for Brawley Onions valid from May 15, 17 2019 to May 14, 2020. Audit score of 95%. TII000026709- 18 TII000026710 Primus Certificate for 19 Evergrow, Hageman & Wegis 20 Bakersfield, CA for May 28, 2019 to May 27, 2020. 21 TII000026733-TII000026734 Primus Certificate for 22 Kirschenmann, Bakersfield, 23 CA, from May 28, 2019 to May 27, 2020. 24 TII000026795-TII000026796 Primus Certificate for Ranch 3, 25 Bakersfield, CA, from May 28, 26 2019 to May 27, 2020. TII000026837-TII000026838 27 Primus audit report for Highline Cooling LLC located in 28 Holtville, CA on January 8, 1 2020. TII000027060- TII000027091 2 Sales Transactions for Holtville 3 Primus corrective action report 4 for Highline Cooling LLC. TII000027092-TII000027099 5 Primus Certificate for Highline Cooling LLC. TII000027100- 6 TII000027101 7 2020 Primus GFS Gladstone Certificate. TII000032023- 8 TII000032024 Sales Transactions for 9 Gladstone 10 Primus KEI Field Skone Certificate, 05/28/2020 to 11 05/27/2021. TII000032056-TII000032057 12 Ash 11 Primus Report. 13 TII000034351-TII000034371 Primus Audit binder. 14 TII000037978-TII000038000 Authenticating Declarations for 15 Primus Records 16 2020 lot chart. TII000017723-TII000017723 17 GPS Field Locations TII000019908-TII000019923 18 Ranch 3 Site Map. 19 TII000032256-TII000032256 Ranch 3 Map 20 TII000032262-TII000032262 Ranch 3 Operations Map 21 TII000032263-TII000032263 22 Field crop history. TII000032323-TII000032323 23 2023.05.05 Medical - Oregon Health Authority M. Peterson 24 TII000046073-TII000046101 25 2023.05.05 Plaintiffs' Supplemental Production - CA 26 DPH Report NLOPLAINTIFFS00454- 27 NLOPLAINTIFFS00460 28 2023.05.05 Plaintiffs' Supplemental Production - 1 Canadian Recall List NLOPLAINTIFFS00418- 2 NLOPLAINTIFFS00438 2023.05.05 Plaintiffs' 3 Supplemental Production - 4 FDA Report NLOPLAINTIFFS00439- 5 NLOPLAINTIFFS00453 2023.05.05 Plaintiffs' 6 Supplemental Production - 7 NLOPLAINTIFFS00461- NLOPLAINTIFFS00626 8 2023.07.18 Medical - Washington State Department 9 of Health PETERSON 10 TII00049014-TII000051026 2023.12.20 Medical M. 11 Peterson - CDC TII00067213 2023.03.30 Medical - Denver 12 Endoscopy Center STRUB 13 TII000042542 2023.03.30 Medical - Denver 14 Endoscopy Center STRUB TII000042543 15 2023.03.30 Medical - Denver 16 Gisestive Health Specialist STRUB TII000042453 17 2023.03.30 Medical - Kaiser Colorado STRUB 18 TII000042642 19 2023.03.30 Medical - Kaiser STRUB TII000042609 20 2023.03.30 Medical - Kaiser STRUB TII000043126 21 2023.03.30 Medical - UCHealth 22 STRUB TII000043147 2023.03.30 Medical - UCHelath 23 STRUB TII000043146 2023.05.05 Medical - Colorado 24 Department of Public Health 25 and Environment STRUB TII000045768 26 2023.05.05 Plaintiffs' Supplemental Production-CA 27 DPH Report 454-460 2023.05.05 Plaintiffs' 28 Supplemental Production- 1 Canadian Recall List 418-438 2 2023.05.05 Plaintiffs' Supplemental Production-FDA 3 Report 439-453 4 2023.05.05 Plaintiffs' Supplemental Production- 5 NLOPLAINTIFFS00461- NLOPLAINTIFFS00626 6 2023.07.18 Billing - Rose 7 Surgery Center STRUB TII00047912 8 2023.07.18 Medical - CORE STRUB TII00047677 9 2023.07.18 Medical - Rose 10 Surgery Center STRUB TII00047843 11 2023.07.18 Medical - Saint Joseph Hospital STRUB 12 TII00047913 13 2024.01.05 SUPL Production - STRUB000808 14 2024.01.05 SUPL Production - STRUB809 - 23- 15 01049_LineList 16 2024.01.05 SUPL Production - STRUB810 - 23- 17 01049_NARMS-Database 2024.01.05 SUPL Production - 18 STRUB811 - 19 foia23_01049_linelist_highlight s 20 2024.02.19 SUPPLEMENTAL PRODUCTION 21 STRUB000826-STRUB000919 22 Plaintiff Strub’s Sallmonella isolate family tree 23 2020 Salmonella Newport isolate family tree 24 2023.03.30 Medical - Dr. Paul 25 Podett Mountain View Family Prac- BARRY TII000043159 26 2023.03.30 Medical - GoHealth BARRY TII000043506 27 2023.03.30 Medical - Legacy MT Hood Medical Center 28 BARRY TII000043584 1 2023.03.30 Medical - Legacy MT Hood Medical Center 2 BARRY TII000043588 2023.07.18 Medical - Center 3 for Mens and Womens Urology 4 BARRY TII00047465 Northwest Acute Care 5 Specialists PC-Statement BARRY000621 6 2022.12.20 Medical Lori 7 Davies - Northwest Rheumatology Assoc. 8 TII00067231 2023.03.30 Medical - 9 Northwest Surgical Specialist 10 PC DAVIES TII000045016 2023.03.30 Medical - 11 Providence Health Services DAVIES TII000044965 12 2023.03.30 Medical - 13 Providence St Vincent Medical Center DAVIES TII000043640 14 2023.03.30 Medical - Rebound DAVIES TII000045027 15 2023.03.30 Medical - TRG 16 LLC DAVIES TII000045480 2023.05.05 Medical - NW 17 Dermatology Institute DAVIES TII000046001 18 2023.05.05 Medical - Oregon 19 Health Authority DAVIES TII000046054 20 2023.05.05 Medical - Washington County Health and 21 Human Services Department 22 DAVIES TII000046102 2023.07.18 Medical - Allergy 23 Asthma and Dermatology Assoc DAVIES TII00047439 24 2023.12.20 Medical Lori 25 Davies - Biolounge Nutrition TII00067223 26 2023.12.20 Medical Lori Davies - CDC TII00067158 27 2024.01.08 Medical Lori Davies - The Oregon Clinic 28 Center for Adv Surgery 1 TII000067277-TII000067295 2 2024.01.31 Medical-Billing Phoebe Rich Dermatology - L. 3 Davies TII00067480 4 2024.02.10 Billing - Northwest Rheumatolog Ass. L. Davies- 5 TII000067762 2024.02.13 Medical-Billing 6 Inner Gate Health and Wellness 7 CA1153452004v0 L. Davies- TII000067763 8 2024.02.14 Medical-Billing Restore Hyper Wellness 9 CA1153452001v0 L. Davies- 10 TII000067776 2024.02.19 Medical-Billing 11 Oregon Clinic Providence Portland TII000067815 12 2024.02.23 Medical-Billing 13 Julie Decker Lymphatics CA1153452003v0 TII00068789 14 2024.02.26 Medical-Billing Northwest Woman's Clinic 15 CA1153931001v0 L. Davies 16 TII00068811 2023.10.25 Medical - Alberta 17 Health Services KLAM TII000063548 18 2023.10.25 Medical - Dr. Gaunt 19 KLAM TII000063602 2023.10.25 Medical - Public 20 Health Agency of Canada KLAM TII000063558.pdf 21 2023.12.20 Medical Lynneta Klam - Dennis N. Todoruk 22 TII00067214 23 2023.12.20 Medical Lynneta Klam - Dr. John Ellis 24 TII00067159 PRODUCED 2022.12.01 Plaintiff's 25 Production - FLODING00001 26 LineListofMTCases FlodingCaseHighlighted 27 (1063837.1) 2022.12.01 Plaintiff's 28 Production - FLODING00002 1 Video from ER(1063838.1) 2 2023.05.05 Billing - Dr. John Bohler FLODING 3 TII000045981 4 2023.05.05 Billing - St. Peter's Hospital FLODING 5 TII000046197 2023.05.05 Medical - St. Peter's 6 Hospital FLODING 7 TII000046132 2023.05.05 Medical - St. Peter's 8 Hospital FLODING TII000046225 9 2023.07.08 Medical - Monta 10 Dept of PHHS FLODING TII00047030 11 2023.07.18 Medical - FDA FLODING TII00047273 12 2023.07.18 Medical - 13 FLODING TII00047181 2023.07.18 Medical - Jefferson 14 County Health Dept FLODING TII00047207 15 2023.10.25 Medical - Benefis 16 Hospital Physician Services BENSON TII000063754 17 2023.10.25 Medical - Great Falls Clinic BENSON 18 TII000063846 19 2023.10.25 Medical - Great Falls Clinic Lab Report 20 BENSON TII000063657 2023.10.25 Medical - Indian 21 Family Health Clinic BENSON 22 TII000063667 2023.10.25 Medical - Indian 23 Family Health Clinic BENSON TII000063828 24 2020.07.21. Email from Jeff 25 Vidanes to Michael Needham 2020.07.27. Email from Violet 26 Lombard TII00075821 to TII00075826 27 2020.07.28. Email from Jeff Vidanes to CDPH 28 TII000077607 1 2020.07.28. Email string with redactions from Jeff Vidanes 2 2020.07.29. Email from Brandon Adcock to Christian 3 Bond 4 30b6CaliforniaCDPH- BrandonAdcock-PMK_12 5 2020.07.29. Email from Lauren Edwards to Lisa Joseph and 6 Lisa Hainstock, and CC to 7 April Hunt and Jayne Holcomb, Subject “RE Uptick in 8 Salmonella Cases,” TII00075858- TII00075864 9 2020.07.29. Email from Lisa 10 Joseph TII00075610 to TII00075620 11 2020.07.29. Email from Lauren Edwards TII00076029 to 12 TII00076036 13 2020.07.29. Email from Lauren Edwards to Lisa Hainstock 14 TII00075936 to TII00075943 2020.07.29. Email from Lisa 15 Joseph to Lauren Edwards; Lisa 16 Hainstock TII00075878 to TII00075887 17 2020.07.29. Email from Lisa Joseph to Lisa Hainstock and 18 Lauren Edwards TII00075621 to TII00075631 19 2020.07.29. Email from Lisa 20 Joseph to Lisa Hainstock and Lauren Edwards TII00075632 21 to TII00075641 2020.07.29. Email from Lisa 22 Hainstock to Lauren Edwards 23 TII00075898 to TII00075902 2020.07.29. Email from Lisa 24 Joseph to Lauren Edwards and Lisa Hainstock TII00075667 to 25 TII00075681 26 2020.07.29. Email String from Lisa Joseph to MDARD 27 TII00075610 to TII00075617 2020.07.30. Email from 28 Michael Needham to CDPH 1 2020.07.30. Public Health Notice: Outbreak of Salmonella 2 infections linked to red onions imported from the United States 3 TII00002941-2949 4 2020.07.31. Email from Jeffrey Higa to CDPH 5 2020.07.31. Email from Jeff Vidanes, To Michael Needham, 6 with CC to Brandon Adcock 7 and Christian Bond 30b6CaliforniaCDPH- 8 BrandonAdcock-PMK_13 2020.07.31. Email from 9 Michael Needham to Jane 10 Reick, CC to Jeff Vidanes and Brandon Adcock 11 30b6CaliforniaCDPH- BrandonAdcock-PMK_14 12 2020.07.31 Email string from 13 Benson Yee to CDPH 2020.07.31. CDC Talking 14 Points TII000056867 2020.07.31. Meeting Invite 15 from Mark Otto TII00075561 16 to TII00075563 2020.07.31. Email from 17 Danielle Donovan TII00076077 to TII00076080 18 2020.08.05. Email from Lisa 19 Joseph to Lisa Hainstock and Jayne Holcomb 20 2020.08.05. Email from Lisa Joseph to Lisa Hainstock 21 TII00075608 to TII00075609 22 2020.08.06. Email from Trevor Flint to Redacted Name. 23 30b6CaliforniaCDPH- BrandonAdcock-PMK_10 24 2020.08.11. Email from Lisa Joseph to Lisa Hainstock 25 TII00075599 to TII00075601 26 2020.08.17. Katherine Arends to Lauren Edwards amd Sally 27 Bidol TII00075760 to TII00075767 28 1 2020.08.17. Email from Sally Bidol TII00075752 to 2 TII00075759 2020.08.20 Email from 3 Redacted name to FDB-ERU 4 (CDPH-FDB) 30b6CaliforniaCDPH- 5 BrandonAdcock-PMK_9 2020.09.08. Email from 6 Michael Needham to Jane 7 Reick 30b6CaliforniaCDPH- 8 BrandonAdcock-PMK_15 Invest20009_Timeline_090920 9 30b6CaliforniaCDPH- 10 BrandonAdcock-PMK_4 Invest20009_Timeline_090920 11 30b6CaliforniaCDPH- BrandonAdcock-PMK_5 12 Invest20009_Timeline_090920 13 30b6CaliforniaCDPH- BrandonAdcock-PMK_6 14 2020.09.11. Meeting Invite organized by Stranjae Ivory 15 TII00075566 to TII00075569 16 2020.11.03. CORE Network Salmonella Incident Report and 17 related documents- TII000061568 to TII00061733 18 Investigation Report 19 30b6CaliforniaCDPH- BrandonAdcock-PMK_1 20 California’s Traceback Investigation 21 30b6CaliforniaCDPH- BrandonAdcock-PMK_8 22 Multistate Outbreak of 23 Salmonella Newport Infections Linked to Onions, The 24 California Investigation 30b6CaliforniaCDPH- 25 BrandonAdcock-PMK_11 26 Laboratory Reports TII00050247-50279, 27 TII00050335, TII00050354 Expert Report of Dr. Melvin N. 28 Kramer Daniel Coto Stephen 1 Blackwell and Supporting Exhibits 2 Expert Report of Dr. Martin Wiedmann and Supporting 3 Exhibits 4 Expert Report of Dr. Jonathan C. Ellis and Supporting 5 Exhibits Expert Report of Dr. Daniel J. 6 Wallace and Supporting 7 Exhibits Salmonella Newport 8 2007MLJJP-1 – Cilantro, Tomato, or Onion Suspect 9 Product Flow Diagram DRAFT 10 TII00069358-9f FDA documents obtained 11 through FOIA Salmonella Newport/Red 12 onion/Jul 2020 Traceback 13 Investigation Summary Traceback diagram annotated 14 by Marler firm Food Safety Investigation 15 16 Multiprovincial cluster of Salmonella Newport in BC, 17 AB, SK, MB, ON, QC, and PE 2007NewWGS1MP Final 18 Investigation Summary, 19 November 2020 Collection of Canadian records 20 produced by Thomson, TII00068082 et seq. 21 Multistate Outbreak of 22 Salmonella Newport Associated with Onions – June to 23 September 2020 Final Report September 2021 24 Collection of 458 pages of Montana public health records 25 produced by plaintiff Floding. 26 Salmonella Newport and Onions (2007MLJJP-1) 27 Outbreak Investigation Report, January 2021 28 1 McCormic et al, Bi-national outbreak of Salmonella 2 Newport infections linked to onions: the United States 3 experience 4 Alberta Health Services report July 20, 2020 5 2020EI2986: MultiZone Salmonella outbreak in Alberta 6 August 4, 2020 7 2020EI2986: MultiZone Salmonella outbreak in Alberta 8 August 5, 2020 Alberta Health Services report 9 July 20, 2020 10 #2021-G-024 Food testing records 11 2020EI2986: MultiZone Salmonella outbreak in Alberta 12 July 24, 2020 13 2020EI2986: MultiZone Salmonella outbreak in Alberta 14 July 28, 2020 Alberta Health Services report 15 July 28, 2020 16 #2021-G-024 July 28, 2020 17 2020EI2986: MultiZone Salmonella outbreak in Alberta 18 July 29, 2020 19 2020EI2986: MultiZone Salmonella outbreak in Alberta 20 July 30, 2020 2020EI2986: MultiZone 21 Salmonella outbreak in Alberta 22 July 31, 2020 Final Investigation Summary, 23 November 2020 2020EI2986: MultiZone 24 Salmonella outbreak in Alberta 25 July 20, 2020 2020EI2986: MultiZone 26 Salmonella outbreak in Alberta Sept 9, 2020 27 Alberta Health Services report July 22, 2020 28 1 Email Havens to Evangeline August 3, 2020 2 Email Evanson to Havens August 3, 2020 3 Email Evanson to Havens 4 August 3, 2020 Email Havens to Volkman 5 August 4, 2020 Email Havens to Volkman 6 August 4, 2020 7 Email Ebelt to Hinnenkamp August 5, 2020 8 Email Havens to Volkman July 22, 2020 9 Email Havens to Volkman July 10 23, 2020 Email Havens to Volkman July 11 23, 2020 Email Havens to Volkman July 12 23, 2020 13 Email Weisner to Hinnenkamp July 24, 2020 14 Email Havens to Volkman July 24, 2020 15 Email Havens to Volkman July 16 24, 2020 Email Havens to Pearson July 17 28, 2020 Email Havens to Volkman July 18 28, 2020 19 Email Havens to Pearson July 28, 2020 20 Email Havens to Hinnenkamp July 29, 2020 21 Email Havens to Ftalbot July 22 29, 2020 Email Taylor to Boyd October 23 2, 2020 Alberta Health email October 24 19, 2020 25 Email Pereira to Otto August 1, 2020 26 Summary of S. Newport event — prepared for industry partner 27 teleconferences July 31, 2020 28 1 Email Leftwich to Marcynuk July 30, 2020 2 Email Cheng to many July 30, 2020 3 July 30, 2020 Media Lines 4 Email Nadon to Christianson 5 July 29, 2020 Hexemer to Alberta Health July 6 28, 2020 7 Email Christianson to Trout July 22, 2020 8 Haywood to Honish July 27, 2020 9 Salmonella Newport — 10 2007NewWGS-1MP investigation Epidemiologic 11 Summary- July 27, 2020 Isaac to Enteric outbreak July 12 27, 2020 13 Mah to Hexemer July 28, 2020 14 Epid to Haywood July 27, 2020 15 Hexemer to Haywood July 25, 16 2020 Cheng to AHEZ July 25, 2020 17 Email Nichani to Nadon July 18 24, 2020 19 Email Nichani to Nadon July 24, 2020 20 Email Boyd to Enteric Outbreak July 24, 2020 21 Haywood to OFSR July 23, 22 2020 Email Taylor to Hexemer July 23 23, 2020 Email Chui to Kearney July 22, 24 2020 25 Email Christianson to Trout July 22, 2020 26 Email Honish to Enteric Outbreak July 23, 2020 27 July 17, 2020-El-2986: Multi- 28 Zone Salmonella outbreak in Alberta, senior's care facilities 1 Salmonella Newport — 2007NewWGS-1MP 2 investigation Epidemiologic Summary- July 3 29, 2020 4 Salmonella Newport — 2007NewWGS-1MP 5 investigation Epidemiologic Summary- 6 August 19, 2020 7 Cheng to Honish August 12, 2020 8 Dumoulin to Hexemer August 4, 2020 9 Cheng to Dumoulin August 4, 10 2020 Cheng to Hexemer August 1, 11 2020 Todd to Martinez July 29, 2020 12 13 McCormic to Hinnenkemp August 10, 2020 14 FDA traceback summary Salmonella Newport/Red 15 onion/Jul2020 16 FDA FOIA response 17 Email exchange covering FDA FOIA response 18 PETERSON PH Records 19 FLODING MT PH Records 20 459 – 482 DAVIES public health Records 21 BC traceback diagram 22 23 Kramer demonstrative “Traditional Foodborne 24 Outbreak Investigation Diagram” 25 Kramer demonstrative 26 “Investigation Results Diagram” 27 July 13 distribution timeline 28 1 July 28, 2020 email Adcock to Vidanes TII00071288 2 August 12, 2020 email Sloan to FDB-ERU TII00071177 -80 3 August 4, 2020 email Adcock 4 to Yuen TII00071260 July 30, 2020 email Adcock to 5 Bond TII00071276 July 24, 2020 email Higa to 6 Needham TII00071554 -7 7 September 14, 2020 Vidanes to: Bond TII00071277 8 July 30, 2020 email Yee to Needham TII00071571 - 2 9
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Peterson v. Thomson International, Incorporated (Peterson v. Thomson International, Incorporated) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.