Peterson v. Thomson International, Incorporated

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA MATTHEW PETERSON, et al., Case No.: 1:22-cv-00701-JLT-CDB 12 Plaintiffs, PRETRIAL ORDER 13 v. Deadlines: 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 18 On October 7, 2024, the Court conducted a final pretrial conference. Lindsay C. Lien Amin appeared as counsel for Plaintiffs; Robert Sallander, Robert Seeds and Helen Chen appeared as counsel for Defendant.

21 This case concerns the 2020 North American Salmonella Newport outbreak, associated with 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 after consuming onions allegedly “produced and sourced by Defendant Thomson International[.]” (Id. at 7–12.)1 Plaintiffs bring four causes of action against Defendant: (1) strict liability; (2) breach of express and implied warranties; (3) negligence; and (4) negligence per se. (Id. at 12–16.) Plaintiffs 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 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 jurisdiction. In addition, Defendant resides in Bakersfield, California. (Doc. 1 at ¶ 9.) Accordingly, venue is proper in the United States District Court for the Eastern District of California. See 28 U.S.C. § 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 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.)

1. Thomson grew and sold onions in 2020 (“Thomson onions”).

2. The Thomson onions were grown in various fields in Holtville and Bakersfield, California.

3. Salmonella enterica serotype Newport is a bacteria that causes illness in humans.

4. Salmonella (via human or animal fecal material) can contaminate many types of foods.

5. Onions contaminated with Salmonella Newport are harmful when consumed by humans.

6. Produce containing Salmonella is considered adulterated under the Food, Drug and Cosmetic Act.

7. Symptoms of Salmonella typically occur within six hours to six days following ingestion, and commonly consist of diarrhea, nausea, vomiting, fever, and abdominal cramping, but can be more severe.

8. Salmonella is a reportable disease.

9. FDA traceback efforts focused on restaurant clusters.

10. CDC Cluster Code “2007MLJJP-1” refers to an outbreak of Salmonella Newport.

11. The total number of US cases associated with the cluster was 1,127.

12. Inspections of Thomson facilities were conducted in August and September 2020.

13. Some Thomson onions were packed in the field.

14. Thomson shipped Thomson onions to Sysco Montana.

15. Sadie Floding2 became ill with Salmonella.

16. Lynnetta Klam became ill with Salmonella.

17. Teischa Benson became ill with Salmonella.

18. Jody Barry became ill with Salmonella.

19. Lori Davies became ill with Salmonella.

20. Matthew Peterson became ill with Salmonella.

21. Colin Strub became ill with Salmonella.

22. This case arises from the same 2020 Salmonella Newport outbreak that was the subject of plaintiffs’ claims in Angelo v. Thomson International Inc., case no. 1:21-CV-01609- JLT-CDB. Judgment in Angelo was entered in favor of Thomson on July 19, 2024.

23. Thomson is a family-owned business that has been farming in Bakersfield since 1893. It has grown onions, and other crops, in Bakersfield and Holtville, California.

24. In 2020, Thomson had about 300 acres of onions in cultivation.

25. As in prior years, Thomson had a food safety program in place that was audited by Primus, a leading independent third-party auditor.

26. Approximately 80 percent of Thomson’s 2020 onion crop, which included yellow, sweet yellow, red, and white onion varieties, were brokered by Onions 52, a Utah-based onion grower, packer, and seller, and KOR Produce, a Pennsylvania-based broker.

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 Sadie Floding now uses the name Sadie Merkel. (Doc. 82 at 11.) food, grocery store, or restaurant as the source of the outbreak. The outbreak was assigned the identity, CDC cluster code 2007MLJJP-1. By then, the outbreak had peaked.

29. The FDA contacted Thomson as part of its investigation.

30. The FDA investigation of Thomson’s farms and packing houses took place from August to approximately September 18, 2020. As part of its ongoing investigation, the FDA, with the assistance of the California Department of Public Health, sent a team of inspectors to Thomson’s packing facility and growing fields.

31. They gathered nearly 2,000 samples for laboratory testing.

32. The inspection teams spent approximately 150 hours examining and taking environmental samples.

33. The inspectors did not take water samples from the canal used to irrigate Thomson’s field in Holtville. The canal was dry at the time of inspection. Water samples were from more distant canals.

34. Because of COVID, the inspectors required the packing house to be fully opened and for there to be no personnel present. Packing operations and customary maintenance and cleaning of the packing house were suspended.

35. The outbreak strain of Salmonella Newport has not been isolated in any TII onion, any product made with TII onions, in TII’s packing facility, on its equipment, or at TII’s growing fields.

36. No TII onion has tested positive for the outbreak strain of Salmonella Newport.

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 Produce, or other farms that supplied them onions.

41. WGS is the subtyping of bacterial isolate that is submitted by culture-positive ill persons, and is performed within the PulseNet molecular laboratory surveillance system headed by the CDC.

42. WGS is performed by sequencing the DNA or “genomic makeup” of each Salmonella isolate. Genomes from culture-positive patients, food, and environmental isolates are compared through sequencing to determine whether they are genetically similar.

43. The first step in epidemiological investigations is to contact caregivers or case patients with the outbreak strain without delay in order to gather information about food and beverages consumed in the several days before the case patient fell ill.

44. In the 2020 Salmonella Newport outbreak, early case patient interviews indicated Mexican-style foods, with several subclusters associated with Mexican-style restaurants identified, prompting supplementary interviews and questionnaires focusing on Mexican-style food and food ingredients.

45. Other exposures assessed were white and yellow onions, red, round tomatoes, Roma tomatoes, green peppers, hot peppers, cilantro, and ground beef, which were identified in 3, 4, 4, 2, 4, 3, 6, and 5 subclusters, respectively.

46. Most of Thomson’s customers were wholesalers that place orders with TII by email or telephone. Thomson did not sell its onions directly to retailers outside of Southern California.

47. Thomson did not deliver or ship the vast majority of its produce to customers.

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.

52. Neither HelloFresh nor EveryPlate was a TII customer in 2020.

53. TII did not arrange transportation for shipment of TII product to HelloFresh or EveryPlate in 2020.

54. EveryPlate did not purchase onions from Thomson.

55. EveryPlate had 32 suppliers of onions for its meal kit products in 2020, none of which was Thomson.

56. None of EveryPlate’s suppliers for meal kits in 2020 was HelloFresh.

57. EveryPlate submitted purchase orders to its suppliers for a given week.

58. The onions were shipped by the suppliers to EveryPlate’s various distribution centers.

59. Subway was not a TII customer in 2020.

60. Thomson did not ship onions to Great Wolf Lodge in Washington where plaintiff Mathew Peterson allegedly ate a sandwich with onions.

61. Thomson did not ship onions to Jimmy John’s in Helena, Montana where plaintiff Sadie Floding allegedly ate a sandwich with onion rings.

62. Thomson did not ship onions to Bert & Ernies in Helena, Montana where plaintiff Sadie Floding allegedly ate a sandwich with red onions.

63. Thomson did not ship onions to Amazon from which plaintiff Colin Strub allegedly bought a red onion. Amazon was not a TII distributor.

64. Thomson did not ship onions to Bajio Mexican restaurant in Portland, Oregon where plaintiff Jody Barry allegedly ate street tacos with white or yellow onions.

65. Thomson did not ship onions to MOD Pizza in Gresham, Oregon where plaintiff Jody 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 Benson allegedly bought red onions.

69. There is no evidence showing where the church members from plaintiff Teischa Benson’s church purchased the onions served at a potluck.

70. Thomson did not ship onions to Sobeys in Calgary, Alberta, Canada where plaintiff Lynnetta Klam’s daughter allegedly bought toppings for a home-made pizza.

71. Properly cooking onions kills any Salmonella so that a person consuming it would not become ill.

72. Thomson did not ship onions to Fat Bass in Priest River, Idaho where plaintiff Lori Davies allegedly ate a hamburger with onions.

73. Thomson did not ship onions to Dish in Priest River, Idaho where plaintiff Lori Davies allegedly ate a fish taco with onions.

74. Thomson did not ship onions to Blu Olive in Portland, Oregon where plaintiff Lori Davies allegedly ate a salad with red onions.

D. DISPUTED FACTS The parties have provided the following list of facts in dispute.

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.

6. On July 20, 2020, the notable exposures from SEDRIC did not include onions and were leafy greens, cheese, beef, chicken, tomatoes, and cilantro.

7. As of July 21, 2020, microbiological and epidemiological information were unable to identify a single suspect vehicle.

8. Information from points of service did not indicate if Thomson onions were the onions that were consumed by the cases.

9. No outbreak clusters were in Southern California.

10. The amount in controversy and the cause of plaintiffs’ illnesses and damages.

11. Thomson introduced Salmonella contaminated onions into the stream of commerce, regardless of where the onions were initially picked up.

12. Thomson’s annual sales were approximately $10 million.

13. Thomson onions were shipped via other entities to the lower 48 states and several Canadian provinces.

14. Salmonella infections can be associated with several long-term sequelae, such as post- infectious bowel changes.

15. When a human tests positive for Salmonella, the health care provider is required to submit the sick person’s Salmonella isolate for analysis by public health officials.

16. Public health entities at the state level may perform testing called whole genome sequencing on Salmonella isolates.

17. In June 2020, public health officials noticed an increase in closely related human Salmonella Newport cases (“the outbreak strain”).

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 a given period (FoodNet Population Surveys).

21. Binomial comparisons of exposure to onions were statistically significant with this baseline data.

22. A number of individuals sickened with the outbreak strain in Canada lived in long-term care facilities or nursing homes.

23. Canadian officials gathered supply records for these facilities.

24. Multiple care facilities used the same supplier, which had supplied the long-term care facilities with Thomson onions.

25. Canadian traceback efforts determined that Thomson onions were a commonality among onions supplied to locations that individuals sickened with the outbreak strain reported consuming onions at during the incubation period.

26. Four Montana restaurants (Choppers, Doc Holliday’s Roadhouse, Las Margaritas, and MT Pints) that individuals sickened with the outbreak strain had eaten at during the incubation period were supplied by Sysco Montana and each had been supplied with Thomson onions.

27. Four Oregon food service locations who individuals sickened with the outbreak strain had eaten at during the incubation period were supplied by Sysco Portland, and each location was supplied with Thomson onions.

28. One Arizona restaurant that individuals sickened with the outbreak strain had eaten at during the incubation period was supplied by Sysco Arizona and had been supplied with Thomson onions.

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.

32. Public health officials did not test any onions consumed by the Plaintiffs, as they had been consumed by the time of the investigation.

33. Thomson International had several food safety violations at the time of the outbreak that could have served as a vehicle for introduction or proliferation of Salmonella in the Thomson onions.

34. Thomson irrigated using untreated surface water in 2020.

35. Thomson had a tail water pond incident in 2020.

36. Thomson packaged onions in Bakersfield using the same equipment it packed onions in Holtville.

37. Some Thomson facilities had evidence of animal intrusion.

38. Environmental samples from Thomson’s Holtville, California location identified twenty- two subsamples positive for Salmonella, including multiple isolates of Salmonella Newport. The outbreak strain was not recovered.

39. Environmental sampling at the Bakersfield, California locations produced five subsamples positive for Salmonella but not Salmonella Newport.

40. Positive environmental test results demonstrate the presence of closely related enteric pathogens in the environment even though on-farm investigation and sampling took place well after the growing season when active farm operations had shifted away from growing, harvesting, and distribution of onions.

41. A July 2021 water test performed by Michelson Laboratories, Inc., for Thomson International, Inc., returned a positive result for Salmonella.

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 medical bills, and also felt physically unwell.

47. Following her acute Salmonella infection, Sadie Floding experienced a change in her bowel habits.

48. Plaintiff Sadie Merkel (formerly Floding)’s 2020 Salmonella s isolate’s whole genome sequencing was identified as part of outbreak 2007MLJJP-1 by CDC.

49. Plaintiff Sadie Floding had, and still has, ancillary, unrelated medical issues after treatment of her Salmonella infection in July 2020.

50. Thomson shipped onions to entities that exported the Thomson onions to Canada.

51. Thomson onions were supplied to several entities in the province of Alberta.

52. Lynnetta Klam reported eating onions in the week prior to becoming ill.

53. Specifically, Lynnetta Klam consumed a homemade pizza containing onions prior to her illness onset.

54. As a result of her Salmonella infection, Lynnetta Klam required medical care and felt physically unwell.

55. Following her acute Salmonella infection, Lynnetta Klam experienced a change in her bowel habits.

56. Lynnetta Klam’s Salmonella isolate is included in the multinational outbreak 2007MLJJP-1/2007NewWGS-1MP.

57. Plaintiff Lynnetta Klam had, and still has, ancillary, unrelated medical issues after treatment of her Salmonella infection in July 2020.

58. Thomson shipped onions to entities that supplied the onions to several entities in the State 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 of outbreak 2007MLJJP-1 by CDC.

63. Thomson shipped onions to entities that supplied the onions to several entities in the States of Oregon and Idaho. 64. Lori Davies reported eating onions in the week prior to July 5, 2020.

65. As a result of her Salmonella infection, Lori Davies required medical care and incurred medical bills, and also felt physically unwell.

66. Following her acute Salmonella infection, Lori Davies experienced hair loss, post- infectious bowel changes, and mast cell activation symptom exacerbation.

67. Lori Davies’ 2020 Salmonella isolate’s whole genome sequencing was identified as part of PulseNet Cluster 2007MLJJP-1 by CDC.

68. Plaintiff Lori Davies had, and still has, ancillary, unrelated medical issues after her three- day hospitalization in July 2020 due to her Salmonella infection.

69. Thomson shipped onions to entities that supplied the onions to several entities in the States of Oregon and Idaho. 70. Matthew Peterson reported eating onions in the week prior to July 3, 2020.

71. As a result of her Salmonella infection, Matthew Peterson required medical care and incurred medical bills, and also felt physically unwell.

72. Plaintiff Matthew Peterson’s 2020 Salmonella isolate’s whole genome sequencing was identified as part of PulseNet Cluster 2007MLJJP-1 by CDC.

73. Plaintiff Matthew Peterson had, and still has, ancillary, unrelated medical issues after treatment of his Salmonella infection in July 2020.

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.

78. Teischa Benson’s 2020 Salmonella isolate’s whole genome sequencing was identified as part of outbreak 2007MLJJP-1 by CDC.

79. Thomson shipped onions to entities that supplied the onions to several entities in the State of Colorado.

80. Colin Strub reported eating onions in the week prior to June 25, 2020.

81. Colin Strub became ill with Salmonella Newport.

82. As a result of his Salmonella infection, Colin Strub required medical care and incurred medical bills, and also felt physically unwell.

83. Following his acute Salmonella infection, Colin Strub developed post-infectious irritable bowel syndrome.

84. Plaintiff Colin Strub is a confirmed 2020 Salmonella Newport outbreak case of CDC cluster code 2007MLJJP-1.

85. Plaintiff Colin Strub had, and still has, ancillary, unrelated medical issues after treatment of his Salmonella infection in July 2020.

E. DISPUTED EVIDENTIARY ISSUES/MOTIONS IN LIMINE Both parties intend to file motions in limine regarding the evidence to be used at trial. The purpose of a motion in limine is to establish in advance of the trial that certain evidence should not be offered at trial. “Although the Federal Rules of Evidence do not explicitly authorize in limine rulings, the practice has developed pursuant to the district court’s inherent authority to manage the course of trials.” Luce v. United States, 469 U.S. 38, 40 n.2 (1984); Jonasson v. Lutheran Child and Family Services, 115 F. 3d 436, 440 (7th Cir. 1997). The Court will grant a motion in limine, and thereby bar use of the evidence in question, only if the moving party establishes that the evidence clearly is not admissible for any valid purpose. Id. The court does not encourage the filing of motions in limine unless they are addressed to issues that can realistically be resolved by the court prior to trial and without reference to the other evidence which will be introduced by the parties at trial.

In advance of filing any motion in limine, counsel SHALL meet and confer to determine whether they can resolve any disputes and avoid filing motions in limine. Along with their motions in limine, the parties SHALL file a certification demonstrating counsel have in good faith met and conferred and attempted to resolve the dispute. Failure to provide the 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 motion must clearly identify the nature of the evidence that the moving party seeks to prohibit the other side from offering at trial. Any opposition to the motion must be served on the other party and filed with the Court no later than January 3, 2025. Upon receipt of any opposition briefs, the court 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 records as public records under Federal Rule of Evidence 803(8). (Doc. 82 at 13–14.) Additionally, Plaintiffs state that they will move in limine to prohibit, exclude, or limit: (1) references to possible contamination of Thomson’s onions at locations other than Thomson’s facilities; (2) reference to investigations in Michigan; (3) the anticipated testimony of Dr. Melvin Kramer under Federal Rules of Evidence 702 or 403; (4) the expected testimony of Dr. Martin Wiedmann; and (5) any reference to substance abuse, treatment, mental health and counseling records, or medical records pertaining to 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 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 general damages including pain, suffering, mental and physical discomfort, emotional distress, loss of enjoyment of life, diminished quality of life, and other non-economic damages. Defendant has not 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 International: Failure to State a Claim; Failure to Mitigate; Performance; No Warranties; and Failure 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 rebuttal and impeachment witnesses. NO WITNESS, OTHER THAN THOSE LISTED IN THIS SECTION, MAY BE CALLED AT TRIAL UNLESS THE PARTIES STIPULATE OR UPON A SHOWING THAT THIS ORDER SHOULD BE MODIFIED TO PREVENT “MANIFEST 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 12. Marjorie Schultz 13. Christian Bond 14. Sadie Floding Merkel 15. Ronell Floding 16. Steve Floding 17. Tucker Merkel 18. Toby Dewolf – Owner, Bert & Ernies 19. Sysco Montana designee 20. Diane P Nowak, MD 21. Lynnetta Klam 22. Paul Forgues 23. Ashley Davis 24. Matthew Davis 25. William Lau, MD 26. David Gaunt 27. Dennis Todoruk MD 28. Lance Honish MSc 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 39. Kursteen Price, MD 40. Matthew Peterson 41. Celina Fugate 42. Tracey Frost 43. Josh Purcell 44. Raagav Mohanakrishnan, MD 45. Teischa Benson 46. Aaron Benson 47. Tim Stinton, PA-C 48. Colin Strub 49. Brita Strub 50. Daniel Siegel, MD 51. Hanna M Kraus, MD 52. Isaac D Pierre, MD 53. Christopher Paul Schultz, MD 54. Records custodians for Plaintiffs’ medical providers to provide foundation for medical records and bills 55. Employees or agents of FDA to provide evidentiary foundation for FDA records 20 56. Employees or agents of CDC to provide evidentiary foundation for CDC records 57. Employees or agents of California Department of Public Health to provide foundation 22 for CDPH records 58. Employees or agents of PHAC to provide foundation for PHAC records 25 59. Employees or agents of Alberta Health Services to provide foundation for Alberta Health Services records.

60. Employees or agents of CFIA to provide foundation for CFIA records 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.

13. Expert Witness, Stephen Blackwell, M.S., R.E.H.S.

14. Expert Witness, Jonathan Ellis, M.D., F.A.C.P. , Q.M.E.

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, including impeachment or rebuttal, unless they meet the following criteria: a. The party offering the witness demonstrates that the witness is for the purpose of rebutting evidence that could not be reasonably anticipated at the pretrial conference, or b. The witness was discovered after the pretrial conference and the proffering party makes the showing required in paragraph B, below.

3. Upon the post pretrial discovery of any witness a party wishes to present at trial, the party shall promptly inform the court and opposing parties of the existence of the unlisted witnesses so the court may consider whether the witnesses shall be permitted to testify at trial. The witnesses will not be permitted unless: a. The witness could not reasonably have been discovered prior to the discovery cutoff; b. The court and opposing parties were promptly notified upon discovery of the witness; c. If time permitted, the party proffered the witness for deposition; and d. If time did not permit, a reasonable summary of the witness’s testimony was provided to opposing parties.

J. EXHIBITS, SCHEDULES AND SUMMARIES Plaintiffs’ Exhibits are those listed in Plaintiffs’ Exhibit A, as attached to the parties’ Joint Pretrial Statement. (Ex. A, Doc. 82-1.) The Court incorporates Plaintiffs’ Exhibit List by reference and will refer to them as “Attachment A” to this Order.

Defendant’s Exhibits are those listed in Exhibit B to the parties’ Joint Pretrial Statement, as attached to the parties’ Joint Pretrial Statement. (Ex. B, Doc. 82-2.) The Court incorporates Defendant’s Exhibit List by reference and will refer to them as “Attachment B” to this Order.

NO EXHIBIT, OTHER THAN THOSE LISTED IN ATTACHMENTS A-B, MAY BE ADMITTED UNLESS THE PARTIES STIPULATE OR UPON A SHOWING THAT THIS ORDER SHOULD BE MODIFIED TO PREVENT “MANIFEST INJUSTICE.” Fed. R. Civ. P. 16(e); Local Rule 281(b)(11).

1. For a party to use an undisclosed exhibit for any purpose, they must meet the following criteria: a. The party proffering the exhibit demonstrates that the exhibit is for the purpose of rebutting evidence that could not have been reasonably anticipated, or b. The exhibit was discovered after the issuance of this order and the proffering party makes the showing required in paragraph 2, below.

2. Upon the discovery of exhibits after the discovery cutoff, a party shall promptly inform the court and opposing parties of the existence of such exhibits so that the court may consider their admissibility at trial. The exhibits will not be received unless the proffering party demonstrates: 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 related to the above listed exhibits and to pre-mark and examine each other’s exhibits. Any exhibits not previously disclosed in discovery SHALL be provided via e-mail or overnight delivery so that it is received by the above exhibit exchange deadline.

10 1. At the exhibit conference, counsel will determine whether there are objections to the admission of each of the exhibits and will prepare separate indexes; one listing joint exhibits, one listing Plaintiff’s exhibits and one listing Defendant’s exhibits. In advance of the conference, counsel must have a complete set of their proposed exhibits to be able to fully discuss whether evidentiary objections exist. Thus, any exhibit not previously provided in discovery SHALL be provided at least five court days in advance of the exhibit conference.

16 2. At the conference, counsel shall identify any duplicate exhibits, i.e., any document which both sides desire to introduce into evidence. These exhibits SHALL be marked as joint exhibits and numbered as directed above. Joint exhibits SHALL be admitted into evidence upon introduction 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, JT/2, etc.). Plaintiff’s exhibits will be pre-marked with numbers beginning with 1 by the designation PX (e.g. PX1, PX2, etc.). Defendant’s exhibits will be pre-marked with numbers beginning with 501 preceded by the designation DX (e.g. DX501, DX502, etc.). The parties SHALL number each page of 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 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 exhibits. The index shall consist of a column for the exhibit number, one for a description of the 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

6 3. As to any exhibit which is not a joint exhibit but to which there is no objection to its introduction, the exhibit will likewise be appropriately marked, i.e., as PX1, or as DX501 and will be indexed as such on the index of the offering party. Such exhibits will be admitted upon introduction 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 exhibits. Each index shall consist of the exhibit number, the description of the exhibit and the three columns as shown in the example below.

13 INDEX OF EXHIBITS 14 EXHIBIT# DESCRIPTION ADMITTED OBJECTION OBJECTION IN FOUNDATION OTHER 15 EVIDENCE

18 5. On the index, as to exhibits to which the only objection is a lack of foundation, counsel 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 based solely on a lack of foundation, counsel will place a mark under the column heading entitled “Other Objections.”

23 7. As to each exhibit which is not objected to in the index, it shall be marked and received into evidence and will require no further foundation.

25 After the exhibit conference, Plaintiff and counsel for the defendants SHALL develop four complete, legible sets of exhibits. The parties SHALL deliver three sets of their exhibit binders to the 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 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 exhibit binders from the courtroom deputy following the verdict in the case. The parties’ counsel SHALL retain possession of and keep safe all exhibits until final judgment and all appeals are exhausted.

8 L. DISCOVERY DOCUMENTS 9 The following is a list of discovery documents – portions of depositions, answers to 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 ADMITTED UNLESS THE PARTIES STIPULATE OR UPON A SHOWING THAT THIS ORDER SHOULD BE MODIFIED TO PREVENT “MANIFEST INJUSTICE.” Fed. R. Civ. P. 16(e); Local Rule 281(b)(12).

15 1. Plaintiffs’ Documents Plaintiffs intend to use Defendant’s Answers to Interrogatories (all) and Responses to Requests for Admission. Plaintiffs also intend to use the deposition of Onions 52 in the event a witness is unavailable for trial.

Plaintiffs intend to use portions of the videotaped depositions of Defendant’s experts.

Plaintiffs reserve the right to use any and all portions of depositions, answers to interrogatories, and responses to requests for admission for impeachment and/or rehabilitation purposes.

2. Defendant’s Documents Defendant intends on proffering the following discovery documents for each Plaintiff at trial: a. Jody Barry i. Answers to Interrogatories, Set One, Nos. 3, 6, 12, 13, 14. ii. Amended Answers to Interrogatories, Set One, No. 17. iii. Response to Requests for Production, Set One, Nos. 1, 2, 5, 6, 7.

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.

Defendant also intends on proffering its own discovery responses at trial, specifically, Defendants’ Responses to Plaintiffs’ Interrogatories, Set One, Nos. 1–8. Defendant reserves the right to use deposition testimonies and discovery responses other than those listed above.

M. FURTHER DISCOVERY OR MOTIONS No further discovery is sought by either party.

N. STIPULATIONS The parties have not agreed upon any stipulations. Plaintiffs request stipulation to medical records and bills.

O. AMENDMENTS/ DISMISSALS Plaintiff Carson Brenda was dismissed from this case. (Doc. 76.)

P. SETTLEMENT NEGOTIATIONS Thomson believes a settlement conference would not be helpful.

Q. AGREED STATEMENT In this case, plaintiffs all suffered from diarrhea during the summer of 2000. They contend it was caused by Salmonella infections caused by exposure to onions grown by defendant Thomson.

Plaintiffs brought their case against Thomson seeking damages for their alleged injuries.

R. SEPARATE TRIAL OF ISSUES None requested at this time.

S. APPOINTMENT OF IMPARTIAL EXPERTS None requested.

T. ATTORNEYS’ FEES The parties agree that each side is responsible for its own attorneys’ fees.

U. TRIAL DATE/ ESTIMATED LENGTH OF TRIAL Jury trial is set for January 22, 2025, at 8:30 a.m. before the Honorable Jennifer L. Thurston at the Robert E. Coyle United States Courthouse, 2500 Tulare Street, Fresno, California. Trial is expected 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 wishes to file a trial brief, they must do so in accordance with Local Rule 285 and be filed on or before January 8, 2025.

8 2. Jury Voir Dire 9 The parties are required to file their proposed voir dire questions, in accordance with Local 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 Local Rule 163 and their proposed verdict form on one another no later than December 26, 2024. At the conference, the parties SHALL attempt to reach agreement on jury instructions and verdict form for use at trial. The parties shall file all agreed-upon jury instructions and verdict form no later than January 8, 2025, and identify such as the agreed-upon jury instructions and verdict forms. At the same time, the parties SHALL lodge via e-mail a copy of the joint jury instructions and joint verdict form (in Word format) to [email protected].

19 If and only if, the parties after genuine, reasonable and good faith effort cannot agree upon certain specific jury instructions and verdict form, the parties shall file their respective proposed (disputed) jury instructions and proposed (disputed) verdict form no later than January 8, 2025, and identify such as the disputed jury instructions and verdict forms. At the same time, the parties SHALL lodge via e-mail, a copy of his/their own (disputed) jury instructions and proposed (disputed) verdict form (in Word format) to [email protected].

25 In selecting proposed instructions, the parties shall use Ninth Circuit Model Civil Jury Instructions or California’s CACI instructions to the extent possible. All jury instructions and verdict forms shall indicate the party submitting the instruction or verdict form (i.e., joint, plaintiff’s, defendant’s, etc.), the number of the proposed instruction in sequence, a brief title for the instruction describing the subject matter, the complete text of the instruction, and the legal authority supporting 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 any of the provisions set forth in this order. The parties may file any replies to the objections within seven days. The objections shall clearly specify the requested modifications, corrections, additions or 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 Local Rule 283, this order shall control the subsequent course of this action and shall be modified only 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 will proceed as currently scheduled. Rather, the Court will trail their trial from day-to-day until the trial, which is in line ahead of theirs, finishes. The parties are reminded of the availability of the Magistrate Judge to preside over their trial and who would be able to hear their trial promptly. The Magistrate Judge is extremely experienced and qualified to preside over their trial, and the parties would retain the same appellate rights they would have otherwise. The parties SHALL reconsider whether they will consent to magistrate judge jurisdiction for trial and SHALL file a notice of their 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 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 trial day will begin at 8:00 a.m. and complete at 1:30 p.m. with no lunch break, though the trial will break for two breaks during the trial day. Once the jury begins deliberating, the jury will set their own schedule.

26 Additionally, the Court notes that witnesses Neftali Hernandez and David Marquez will need Spanish language interpreters at trial. The party proffering the witnesses are responsible for providing a federally certified court interpreter. Plaintiffs request the ability to call witnesses || through videoconferencing, e.g., Zoom. Counsel SHALL confer and come to agreement as to this || presentation of witnesses by Zoom.

3 COMPLIANCE 4 Strict compliance with this order and its requirements is mandatory. All parties and their || counsel are subject to sanctions, including dismissal or entry of default, for failure to fully comply || with this order and its requirements.

8 || IT IS SO ORDERED.

Dated: _ October 7, 2024 ( Li pA LU. wan 10 TED STATES DISTRICT JUDGE 1 Attachment A 2 The following is Plaintiffs’ Exhibit List, as incorporated here: General Liability Exhibits 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 Zalco Labs Subpoena Docs NLOPLAINTIFFS 628-646 Michelson Labs Subpoena Docs NLOPLAINTIFFS 647-680 14 Correspondence ALBMT1-1188 Recall Documents ALBMT1189-1576 Invoices ALBMT1577-1581 18 Kroger Subpoena fee schedule NLOPLAINTIFFS681 Subpoena response NLOPLAINTIFFS 682-3 Recall documents NLOPLAINTIFFS 684-99 22 Recall documents NLOPLAINTIFFS 700-731 Angelo v. Thomson - Flint Declaration NLOPLAINTIFFS 732-5 Hanley v. Thomson - Supp Dec of Trevor Flint NLOPLAINTIFFS 736-8 26 Hanley v. Thomson - Supp Dec of Trevor Flint NLOPLAINTIFFS 739-914 Exhibits A-D 27 Sobeys Tuscany Email response NLOPLAINTIFFS 915 1 Super 1 Response NLOPLAINTIFFS 916 Uwajimaya Beaverton Email exchange NLOPLAINTIFFS 917-919 Isolates PDS000002596 NLOPLAINTIFFS 920 5 Costco objections NLOPLAINTIFFS 921-926 Canada Food safety investigation NLOPLAINTIFFS 927-933 Amazon’s objections NLOPLAINTIFFS 934-939 9 Albertsons objections NLOPLAINTIFFS 940-41 10 FDA Inspection Records and Test Results California Inspection Records and Test Results All deposition exhibits 14 Primus Audits 2019 Primus Audits 2018 Onion Food Safety Program TII000003617-3645, 3553-3569 18 Emails regarding FSMA TII000016977-16981 Master Sanitation SOP TII000003465-3473 Food Defense Plan TII000003619-3645 22 Holtville Organizational Chart TII000032078 Traceback Diagrams Thomson Onion 2020 Sales by Ship To Address 26 Primus Audit suspension email TII000020262 27 Emails regarding Food Safety TII000017510 1 Water Microbiological Testing SOP TII000032174-32177 Risk Assessment of Growing Operation SOP TII000032067 GAP Food Safety Plan TII000032073-32077 5 Trace back & Recall Plan TII000032197-323222 GAP SOP TII0000175639 et seq. (Lugo Exhibit 18, 7 Bates range out of order) 2020 Onion Operation Details TII000018894-18913 9 Food Safety Policy Statement TII0000049337 10 Email regarding high E. coli tests TII000017603 Email regarding dumped yellow onions TII000023250-23261 Moldy onion report TII000020674 14 Letter to FDA, CDC, and CFIA TII000002936 Press release TII000021838 Email protesting FDA Outbreak Investigation TII00002962-2963 Report 18 Answers to FDA Questions TII000020024-20032 FDA Investigation Report Thomson Exhibit 30 FDA Discussion Points from Thomson TII000002758-2760 21 Inspection 22 Emails regarding corrective actions TII000025851-24854 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 Pre-harvest Risk Assessment TII000032419 1 Documents produced by Dr. Martin Wiedmann Testing & Inspections from Wiedmann file No. 3 25 Invoices and Bills of Lading 5 Invoices and Bills of Lading Summary 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 Documents produced by Dr. Melvin Kramer Linelists for each Plaintiff 14 2020 Lot Chart TII000017723 Production Diagrams Purchase Orders and Invoices 18 Purchase Orders and Invoices Spreadsheet TII000022123 Load and Ship Date Spreadsheets TII000025546, 25571, 25633 (Natives) Risk Assessment Spreadsheets TII000032264-32588 (Natives) 22 Email regarding positive samples TII000002682-2683 Zenith correspondence regarding Sysco TII000021346-21347 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 1 Invoices and bills of lading provided to FDA TII000019928 et seq., TII000019938 et seq., TII000019947 et seq.

Emails regarding orders to FDA TII000019924 et seq.

Recall letter TII000019429-19430 5 Lot number designation provided to FDA TII000018894 KOR/Onions 52/ Thomson 2020 List TII000018890 et seq.

Colorado Investigation Summary TIII000045768 et seq.

9 Multi-provincial cluster of Salmonella Newport TII000068082-68781 Final investigation summary – applicant copy 10 Canadian records TII00084202-86711 NCBI Isolates Browser (in real time) for 12 Plaintiffs’ isolates and the outbreak strain https://www.ncbi.nlm.nih.gov/pathogens/isolates Any document identified by Defendant 16 Onions 52 Exhibits Onions 52 Customer List NLOPLAINTIFFS00627 17 Growing, Sales, and Marketing Agreement TII000067856-67865 Declaration of Trevor Flint, Onions52 TII000067866-67869 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 Expert Reports 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 Defense Experts EHA Consulting Website 9 Kramer/EHA Consulting Firm Invoices Dr. Wiedmann Invoices 10 Dr. Wiedmann Emails Dr. Ellis Invoices Dr. Ellis Emails 12 Documents Provided to Defense Experts 14 Barry, Jody 15 Records Legacy Mount Hood BARRY000023-BARRY000081 16 Legacy - GoHealth Urgent Care BARRY000082-BARRY000089 BARRY000096-BARRY000099 Mountain View Family Practice BARRY000142-BARRY000498 Bills: 19 Legacy Mount Hood BARRY000093-BARRY000094 Mountain View Family Practice BARRY000126-BARRY000141 Health Department Records: 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 Proof of Purchase: Rivermark Community Credit Union Bank BARRY000104-BARRY000125 26 Statements BARRY000612-BARRY000619 Bajio Mexican Grill Letter BARRY000620 Benson, Teischa Records: Great Falls Clinic BENSON000001-BENSON000371 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 Proof of Purchase: 10 Embark Federal Credit Union Statements BENSON000412-BENSON000415 Albertsons Club Account and Transaction ALBBENSON0001-ALBBENSON0002 Details Davies, Lori Records: Rebound DAVIES000029-DAVIES000129 15 Division of Northwest Surgical Specialists, TII000045027-TII000045479 P.C.

16 Allergy, Asthma and Dermatology Associates, DAVIES000137-DAVIES000153 P.C.

NW Dermatology Institute DAVIES000219-DAVIES000222 18 Myriad myRisk DAVIES000239 The Oregon Clinic, Center for Advanced DAVIES000240 19 Surgery TII000067280-TII000067287 Biolounge Nutrition DAVIES000245-DAVIES000252 Providence Health & Services DAVIES000260-DAVIES000601 21 Northwest Rheumatology Associates TII000067251-TII000067276 Plaza Ambulatory Surgery Center, LLC TII000067288-TII000067295 Bills: 23 The Wig Gallery DAVIES000002-DAVIES000003 TRG, LLC; formerly The Radiology Group DAVIES000023 DAVIES000603 25 TII000045480-TII000045483 NW Surgical Specialists PC DAVIES000130-DAVIES000131 26 TII000045016-TII000045026 Providence Health & Services DAVIES000155-DAVIES000213 NW Dermatology Institute DAVIES000214 28 Biolounge Nutrition DAVIES000241-DAVIES000244 1 Providence Health & Services DAVIES000253-DAVIES000259 2 Health Department Records: CDC Linelist DAVIES000001 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 8 Photos 9 Before and after photos of hair DAVIES000223-DAVIES000231 Floding, Sadie 12 Records: Video from ER FLODING000002 St. Peters Health FLODING000489-FLODING000493 14 FLODING000500-FLODING000555 FLODING001302-FLODING001320 15 FLODING001323 FLODING001339-FLODING001482 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 FLODING000494 21 FLODING000499 FLODING001324-FLODING001325 22 FLODING001329-FLODING001335 23 Health Department Records: CDC Linelist FLODING000001 Montana Public Health Department FLODING000003-FLODING000484 25 CDC Emails FLODING000559-FLODING001256 CDC FOIA Response FLODING001483-FLODING001487 Proof of Purchase: 27 American Express Statements FLODING001257-FLODING001283 US Bank Statements FLODING001284-FLODING001297 1 Albertsons Club Account and Transaction ALBFLODING0001-ALBFLODING0002 Details 2 Bert and Ernie’s Subpoena Response FLODING001488-FLODING001494 4 Klam, Lynnetta Records: 6 South Common Medical Centre KLAM000017-KLAM000031 KLAM000114 7 University of Alberta KLAM000041-KLAM000044 TII00067214-TII0006722 Montgomery Pinnacle Medical Centres KLAM000047-KLAM000060 9 KLAM000069-KLAM000070 KLAM000080-KLAM000094 10 KLAM000103-KLAM000104 KLAM000115-KLAM000123 Alberta Health Services, including Royal KLAM000032-KLAM000040 12 Alexandria and Red Deer Regional Hospital KLAM000061-KLAM000068 Center KLAM000095-KLAM000102 13 KLAM000124-KLAM000500 TII000063549-TII000063557 Mayfair Diagnostics KLAM000071 15 KLAM000105 Rejuvenation Dermatology Calgary South KLAM000072-KLAM000076 16 KLAM000106-KLAM000110 Hearing Loss Clinic KLAM000077-KLAM000079 KLAM000111-KLAM000113 18 Heritage Valley Town Centre KLAM000506-KLAM000508 Health Department Records: Health Canada and Public Health Agency of KLAM000001-KLAM000012 20 Canada Public Health Agency of Canada TII00084202-TII00086711 Exposure Evidence: Royal Bank Statements KLAM000509-KLAM000513 23 Email from daughter KLAM000501-KLAM000502 Video from daughter KLAM000503 24 Photo of pizza KLAM000504 Metadata of pizza KLAM000505

Peterson, Matthew Records: Kaiser Permanente PETERSON000009-PETERSON000037 4 PETERSON000065-PETERSON000173 5 Bills: Kaiser Permanente PETERSON000002-PETERSON000004 6 PETERSON000038 TII000045484-TII000045493 TII000045504 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 Strub, Colin Records: Denver Digestive Health Specialists STRUB000005 16 STRUB000037-STRUB000042 STRUB000062-STRUB000063 STRUB000079-STRUB000084 18 STRUB000586-STRUB000592 STRUB000613-STRUB000615 19 Denver Endoscopy Center STRUB000043-STRUB000047 STRUB000059-STRUB000061 20 STRUB000085-STRUB000107 STRUB000593-STRUB000612 STRUB000616-STRUB000630 22 Healthone Rose Medical Center STRUB000048-STRUB000050 STRUB000064-STRUB000065 23 STRUB000580-STRUB000583 EPC Clinic STRUB000051-STRUB000057 25 LabCorp STRUB000058 STRUB000066-STRUB000068 26 Kaiser Permanente STRUB000108-STRUB000120 STRUB000127-STRUB000476 1 UC Health STRUB000491-STRUB000569 STRUB000755-STRUB000782 2 STRUB000793-STRUB000797 Colorado Department of Public Health & STRUB000577 Environment 4 Colorado GI Pathology STRUB000584-STRUB000585 St. Joseph Hospital STRUB000631-STRUB000750 5 Physical Therapy Specialists STRUB000823-STRUB000886 STRUB000893-STRUB000894 STRUB000905-STRUB000910 7 STRUB000917-STRUB000919 TII00081355-81448 8 Rose Surgical Center TII00047843-TII00047911 9 Bills: Denver Digestive Health Specialists STRUB000028-STRUB000033 Denver Endoscopy Center STRUB000070 11 Kaiser Permanente STRUB000121-STRUB000126 STRUB000887-STRUB000890 12 STRUB000895-STRUB000902 STRUB000911-STRUB000914 UC Health STRUB000483-STRUB000490 STRUB000570-STRUB000576 St. Joseph Hospital STRUB000751-STRUB000754 15 Physical Therapy Specialists STRUB000891-STRUB000892 STRUB000903-STRUB000904 16 STRUB000915-STRUB000916 Rose Surgical Center TII00047912 Health Department Records: Colorado Department of Public Health & STRUB000006-STRUB000027 19 Environment CDC FOIA Response STRUB000808-STRUB000811 Proof of Purchase: 21 Amazon Receipt STRUB000001-STRUB000004 STRUB000817-STRUB000822 22 1st Bank Statements STRUB000783-STRUB000792 23 STRUB000798-STRUB000807 STRUB000812-STRUB000816 1 Attachment B 2 The following is Defendant’s Exhibit List, as incorporated here: 4 Description ADMITTED OBJECTION OBJECTION IN FOUNDATION OTHER 5 EVIDENCE Food Safety Program TII000005879- TII000005921 Food Safety Plan, Master Document List. TII000032090- TII000032094 2020 Food Safety Policy Statement TII000032071- TII000032071 2020 Food Safety Policy in Spanish. TII000032072- TII000032072 GAP Food Safety Plan for TII TII000032073- TII000032077 TII Org Chart, Ranch Safety Team TII000032078- TII000032078 Food Safety Program, Part 1 TII000003617- TII000003645 Food Safety Program, Part 2, North Facility TII000003553- TII000003569 Glad2e product use log for Kern County. TII000003743- TII000003859 Primus Labs Packaging Audit Checklist. TII000017511- TII000017520 Jose Perez PSA Grower Training Course.

27 TII000025666-TII000025666 David Marquez PSA Grower Training Course, 2019 TII000025667-TII000025667 Nancy Anspach FSPCA Preventive Controls for Human Food, 02/08/2019.

4 TII000025668-TII000025668 Nancy Anspach PSA Grower Training Course.

TII000025669-TII000025669 Neftali Hernandez PSA Grower Training Course Certificate TII000025670-TII000025670 Primus Final Audit Report for Brawley Onions located at Hilfiker Rd & Anderholt Rd & McCabe Rd, Brawley, CA TII000026686-TII000026708 General Training SOP.

TII000032080-TII000032082 Food Defense Plan TII000032241- TII000032248 R3 Food Defense Assessment.

14 TII000032249-TII000032251 Personal Food Training SOP TII000032257-TII000032261 Food Safety Plan - Farming Operations. TII000032324- TII000032325 2020 Food Safety Plan - Farming Operations.

19 TII000032326-TII000032327 Micro Testing SOPs with Michelson Lab Reports.

TII000033949-TII000033971 Authenticating Declaration for Michelson Records JJ Harvesting records for Angel Nava. Includes Food Safety Training certificates for Angel Nava, Manuel Cano, Joel Ocampo, Antonio Carranza, Froylan Chiquito, and Teresa Castillo.

TII000034392-TII000034447 JJ Harvesting records for Carlos Mendoza, including food safety, cleaning logs, SOPs, certificates.

TII000034448-TII000034502 JJ Harvesting records for Carmen Ramirez, restroom service logs, water report, permits, SOPs, certificates.

TII000034503-TII000034553 JJ Harvesting records for Catalna Avalos. SOPs, cleaning logs, training certification.

7 TII000034554-TII000034770 JJ Harvesting records for Ana Silva, SOPs, sanitation, temperature logs, certifications.

TII000034771-TII000035417 JJ Harvesting records for Angeles Pulido. SOPs, sanitation, certificates.

TII000035418-TII000035567 JJ Harvesting records for Carmen Ramirez. SOPs, sanitation, temperature logs.

14 TII000035568-TII000035846 JJ Harvesting records for Jackie Torres. SOPs, temperature logs, certifications.

TII000035847-TII000036026 J.J. Harvesting records for Leonel Gogo Lopez. SOPs, sanitization records, temperature logs, certificates.

TII000036027-TII000036181 JJ Harvesting Records for Raul Carranza. Food safety, SOPs, certificates.

TII000036182-TII000036926 JJ Harvesting records for Guillermo Aleman. Food safety training meeting, SOPs, certificates.

TII000036927-TII000036990 JJ Harvesting records for Jaqueline Luna. Food safety, cleaning, SOPs, certificates.

27 TII000036991-TII000037042 JJ Harvesting records for Mario Castillo. Food safety, SOPs, certificates.

TII000037043-TII000037091 JJ Harvesting records for Neri Herrera. Food safety, SOPs, certificates.

4 TII000037092-TII000037182 JJ Harvesting records for Raul Carranza. SOPs, food safety, certificates of completion.

TII000037183-TII000037354 IPC/Subway Request for Information TII00069899- TII00069904 Master Sanitation SOP TII000003465-TII000003473 Incoming Materials SOP TII000003474-TII000003476 Chemical and Cleaning Inventory List TII000003507- TII000003515 Product log with images of cleaning products used.

14 TII000003516-TII000003518 TII Cleaning Supplies Inventory from 08/16/2019.

16 TII000003540- TII000003552 Emergency Response SOPs.

17 TII000003573-TII000003577 Pre-Operation Inspection Log.

TII000003578-TII000003584 Daily cleaning logs for the onion lines from May 4, 2020, to July 31, 2020.

TII000003585-TII000003601 Weekly sanitation logs.

22 TII000003602-TII000003611 Floor drains cleaning and sanitation log beginning on May 8, 2020.

24 TII000003612-TII000003616 Pre-Operations log.

TII000003646-TII000003699 Table of contents to SOPs revised in 2019. TII000017566- TII000017598 Harvest Container Cleaning/Sanitizing Log (Blank). TII000017727- TII000017727 Cleaning/Sanitizing SOP TII000017728- II000017730 Flow chart for onion receiving, packing, shipping TII000018637-TII000018637 Life cycle of onion shipping.

TII000018894-TII0000189133 Nancy Anspach FSPCA Preventive Controls for Human Food, 02/08/2019.

8 TII000025668-TII000025668 Garcia Diamond restroom service. TII000025694- TII000025712 Risk Assessment Growing SOP TII000032067-TII000032070 GAP Food Safety Plan TII000032073-TII000032077 TII Org Chart TII000032079-TII000032079 Management Review SOP TII000032083- TII000032085 Industry Guidelines/Best Practices TII000032086- TII000032086 TII Resource Analysis TII000032087-TII000032087 Documentation & Record Keep SOP TII000032088- TII000032089 Master Document List, Module TII000032095-TII000032095 SOP Table of Contents TII000032096-TII000032127 How to Write a SOP TII000032128-TII000032130 Corrective Action Procedure SOP TII000032131- TII000032133 Regulatory Inspections SOP TII000032135-TII000032140 GAP Land History and Use and Irrigation Water Checklist TII000032141- TII000032143 Growing Area Selection SOP TII000032144- TII000032149 Grower Water Source Inspection SOP TII000032157- TII000032159 Water Microbiological Testing SOP TII000032174- TII000032177 Calibration SOP TII000032178-TII000032178 Material On Hold and Rejected SOP TII000032180- TII000032182 Product Release SOP TII000032183-TII000032184 Buyer & Consumer Complaints & Feedback SOP TII000032185-TII000032188 Farming Operation Approved Suppliers List TII000032189- TII000032189 Supplier Approval & Monitoring SOP TII000032190-TII000032196 Visitor/Contractor SOP TII000032253-TII000032255 Personal Food Training SOP TII000032257-TII000032261 Personal Food Training SOP TII000032275-TII000032280 Disciplinary Action SOP TII000032281-TII000032283 Return to Work SOP TII000032284-TII000032287 Pesticide Management SOP TII000032295-TII000032298 Chemical/Fertilizer/Pesticide Storage Inventory TII000032310-TII000032311 Pesticide Storage Inventory SOP TII000032312- TII000032313 Preventative Maintenance SOP TII000032314-TII000032316 Work Order/Maintenance SOP TII000032317-TII000032319 2020 TII Chemical List TII000032320-TII000032322 Food Safety Plan - Farming Operations. TII000032324- TII000032325 2020 Food Safety Plan - Farming Operations.

5 TII000032326-TII000032327 Micro Testing SOPs with Michelson Lab Reports.

7 TII000033949-TII000033971 2019 BC Labs and OxiDate Records. TII000033972- TII000034015 Monitoring Logs Procedures TII000038008-TII000038025 General Training SOP TII00063235-TII00063513 Audit Meeting Logs TII000063515-TII000063539 TII Board Conference Call, 01/22/2020 TII000037631- TII000037631 TII Board Meeting Minutes, 03/27/2020 TII000037632- TII000037633 KEI -BV Risk Assessment TII000032264-TII000032264 KEI SKO Risk Assessment TII000032265-TII000032265 RG 161 Risk Assessment.

TII000032266-TII000032266 RR Holtville Ash Risk Assessment. TII000032268- TII000032268 Ranch 3 Risk Assessment TII000032269-TII000032269 TII Glad Risk Assessment TII000032270-TII000032270 Delis Water Source Risk Assessment. TII000032288- TII000032288 KEI Field BV Canal Water Source Risk Assessment.

TII000032291-TII000032291 KEI Field SK Canal Water Source Risk Assessment.

TII000032292-TII000032292 TII Glad Water Source Risk Assessment. TII000032293- TII000032293 TII R3 Water Source Risk Assessment TII000032294- TII000032294 Ash 11 Pre-Harvest Risk Assessment. TII000032386- TII000032387 BV-Sec 10 Preharvest Risk Assessment. TII000032388- TII000032389 Fld 32 50 ac Preharvest Risk Assessment TII000032419- TII000032420 Gladestone Pre-harvest Risk Assessment. TII000032423- TII000032424 Pepper 22 Preharvest Risk Assessment. TII000032429- TII000032430 RG-FLD 161 Pre-Harvest Risk Assessment TII000032432- TII000032433 RG161 Preharvest Risk Assessment TII000032434- TII000032435 Skone Preharvest Risk Assessment TII000032436- TII000032437 Holtville Risk Assessments.

TII000032588-TII000032588 Email from Nicole Yuen stating that one of the samples collected does not match the outbreak strain. TII000025904- TII000025916 Delis Water Source Risk Assessment. TII000032288- TII000032288 Michelson Lab report number 072520-M627286A.

27 TII000002800-TII000002800 BC Laboratories, Inc., Water Analysis (Bacteriological), dated 03/04/2019, for Well 1.

TII000017599-TII000017601 Water Test TII000017602-TII000017602 FDA Receipt for fields and samples.

TII000025797.000001- TII000025797.000002 BC Labs water testing from 13 Palms. TII000032558- TII000032558 BC Labs testing for Well #1.

8 TII000032579-TII000032586 BC Lab reports for bacteriological testing taken on April 10, 2020.

TII000032590-TII000032596 BC Labs testing for: Domestic, Packing Plant Well, Well, Well Discharge TII000033939-TII000033948 Compilation of TII Onion Test Results Email between Nicole Yuen and Jack Thomson, indicating that TII onion samples from Bakersfield were all negative for Salmonella. Table of samples included earlier in thread. Some results still pending. TII000025764- TII000025768 Email between Jack Thomson and Nicole Yuen, updating with further salmonella testing of TII samples: All negative.

TII000025769-TII000025775 FDA Receipt for fields and samples.

24 TII000025797.000001- TII000025797.000002 Email from Jack Thomson asking Nicole Yuen about sample results.

27 TII000025830-TII000025837 Email with lab results for some FDA samples. TII000025942- TII000025942 Jack Thomson stated he received an additional negative sample notice from Jennifer Kinney. TII000025946- TII000025947 Jack Thomson thanking Nicole Yuen for informing him of the CDC web post going live. Also updated sample list with some positive salmonella samples.

8 TII000026054-TII000026067 Email string with GPS coordinates of positive salmonella samples from TII.

TII000026099-TII000026100 Michelson Lab report 072520- M627284A, DATED 07/25/2020.

13 TII000027225-TII000027225 FDA List of Sample test results.

14 TII000003172-TII000003182 Email from Donna William DXHill stating negative salmonella for 43/43 subsamples.

17 TII000020475-TII000020475 Email from Nicole Yuen to Jack Thomson with sample updates.

TII000032643- TII000032650 Email string between Brandon Adcock to Jeff Vidanes, dated 07/28/2020 PH PLAINTIFF 001223-PH PLAINTIFF 001226 Memo from Daniel Gorski to Brandi McGrady, dated 08/28/2020.

PH PLAINTIFF 001940-PH PLAINTIFF 001966 Photographs of Holtville Drain Ditch Sampling Site Exhibit 5 to Kramer Report Authentication Declaration for Photographs of Holtville Drain Ditch Sampling Site Exhibit 5 to Kramer Report Photographs from Prosser Washington Exhibit 7 to Kramer Report Authentication Declaration for Photographs from Prosser Washington Exhibit 7 to Kramer Report Email from Jeff Vidanes to Michael Needham, dated 07/28/2020.

8 Primus Standard Packinghouse Final Audit Report TII000017527-TII000017557 Primus Audit Report for Ranch 3, 2018. TII000018302- TII000018330 Primus Audit Certificate for Ranch 3, June 1, 2018 to May 31, 2019.

TII000018331-TII000018332 Primus audit for DiGiogio Rd, Bakersfield. Audit on 04/20/2020. Certification valid from May 13, 2020 to May 12, 2021.

17 TII000023393-TII000023412 Primus certificate for Ranch 3 at DiGiogio Rd, valid from May 13, 2020 to May 12, 2021.

Final audit score 97%.

TII000023413-TII000023414 Primus Standard Packinghouse audit from August 28, 2019.

Score 94%.

23 TII000023446-TII000023447 Primus Final Audit Report for Kei Filed Skone, located in Tejon Rd, Bakersfield, dated April 20, 2020.

26 TII000023460-TII000023477 Primus Corrective Action Report for Kei Field Skone, dated April 20, 2020.

TII000023478-TII000023482 Primus Certificate for Kei Field Skone, Tejon Road, dated from May 28, 2020 to May 27, 2021.

Audit score 97%.

4 TII000023483-TII000023484 Primus audit "Corrective Action Report" for Kei Field BV, located at Buena Vista Blvd, Bakersfield, dated April 20, 2020.

TII000023486-TII000023490 Primus Final Audit Report for Kei Field BV dated April 20, 2020.

10 TII000023491-TII000023509 Primus Certificate for Kei Field BV from May 28, 2020 to May 27, 2021.

TII000023510-TII000023511 Primus Final Audit Report for Brawley Onions located at Hilfiker Rd & Anderholt Rd & McCabe Rd, Brawley, CA TII000026686-TII000026708 Primus Certificate for Brawley Onions valid from May 15, 2019 to May 14, 2020. Audit score of 95%. TII000026709- TII000026710 Primus Certificate for Evergrow, Hageman & Wegis Bakersfield, CA for May 28, 2019 to May 27, 2020.

21 TII000026733-TII000026734 Primus Certificate for Kirschenmann, Bakersfield, CA, from May 28, 2019 to May 27, 2020.

24 TII000026795-TII000026796 Primus Certificate for Ranch 3, Bakersfield, CA, from May 28, 2019 to May 27, 2020.

TII000026837-TII000026838 Primus audit report for Highline Cooling LLC located in Holtville, CA on January 8, 2020. TII000027060- TII000027091 Sales Transactions for Holtville Primus corrective action report for Highline Cooling LLC.

TII000027092-TII000027099 Primus Certificate for Highline Cooling LLC. TII000027100- TII000027101 2020 Primus GFS Gladstone Certificate. TII000032023- TII000032024 Sales Transactions for Gladstone Primus KEI Field Skone Certificate, 05/28/2020 to 05/27/2021.

TII000032056-TII000032057 Ash 11 Primus Report.

13 TII000034351-TII000034371 Primus Audit binder.

14 TII000037978-TII000038000 Authenticating Declarations for Primus Records 2020 lot chart.

TII000017723-TII000017723 GPS Field Locations TII000019908-TII000019923 Ranch 3 Site Map.

19 TII000032256-TII000032256 Ranch 3 Map TII000032262-TII000032262 Ranch 3 Operations Map TII000032263-TII000032263 Field crop history.

TII000032323-TII000032323 2023.05.05 Medical - Oregon Health Authority M. Peterson TII000046073-TII000046101 2023.05.05 Plaintiffs' Supplemental Production - CA DPH Report NLOPLAINTIFFS00454- NLOPLAINTIFFS00460 2023.05.05 Plaintiffs' Supplemental Production - Canadian Recall List NLOPLAINTIFFS00418- NLOPLAINTIFFS00438 2023.05.05 Plaintiffs' Supplemental Production - FDA Report NLOPLAINTIFFS00439- NLOPLAINTIFFS00453 2023.05.05 Plaintiffs' Supplemental Production - NLOPLAINTIFFS00461- NLOPLAINTIFFS00626 2023.07.18 Medical - Washington State Department of Health PETERSON TII00049014-TII000051026 2023.12.20 Medical M.

11 Peterson - CDC TII00067213 2023.03.30 Medical - Denver Endoscopy Center STRUB TII000042542 2023.03.30 Medical - Denver Endoscopy Center STRUB TII000042543 2023.03.30 Medical - Denver Gisestive Health Specialist STRUB TII000042453 2023.03.30 Medical - Kaiser Colorado STRUB TII000042642 2023.03.30 Medical - Kaiser STRUB TII000042609 2023.03.30 Medical - Kaiser STRUB TII000043126 2023.03.30 Medical - UCHealth STRUB TII000043147 2023.03.30 Medical - UCHelath STRUB TII000043146 2023.05.05 Medical - Colorado Department of Public Health and Environment STRUB TII000045768 2023.05.05 Plaintiffs' Supplemental Production-CA DPH Report 454-460 2023.05.05 Plaintiffs' Supplemental Production- Canadian Recall List 418-438 2023.05.05 Plaintiffs' Supplemental Production-FDA Report 439-453 2023.05.05 Plaintiffs' Supplemental Production- NLOPLAINTIFFS00461- NLOPLAINTIFFS00626 2023.07.18 Billing - Rose Surgery Center STRUB TII00047912 2023.07.18 Medical - CORE STRUB TII00047677 2023.07.18 Medical - Rose Surgery Center STRUB TII00047843 2023.07.18 Medical - Saint Joseph Hospital STRUB TII00047913 2024.01.05 SUPL Production - STRUB000808 2024.01.05 SUPL Production - STRUB809 - 23- 01049_LineList 2024.01.05 SUPL Production - STRUB810 - 23- 01049_NARMS-Database 2024.01.05 SUPL Production - STRUB811 - foia23_01049_linelist_highlight s 2024.02.19 SUPPLEMENTAL PRODUCTION STRUB000826-STRUB000919 Plaintiff Strub’s Sallmonella isolate family tree 2020 Salmonella Newport isolate family tree 2023.03.30 Medical - Dr. Paul Podett Mountain View Family Prac- BARRY TII000043159 2023.03.30 Medical - GoHealth BARRY TII000043506 2023.03.30 Medical - Legacy MT Hood Medical Center BARRY TII000043584 2023.03.30 Medical - Legacy MT Hood Medical Center BARRY TII000043588 2023.07.18 Medical - Center for Mens and Womens Urology BARRY TII00047465 Northwest Acute Care Specialists PC-Statement BARRY000621 2022.12.20 Medical Lori Davies - Northwest Rheumatology Assoc.

8 TII00067231 2023.03.30 Medical - Northwest Surgical Specialist PC DAVIES TII000045016 2023.03.30 Medical - Providence Health Services DAVIES TII000044965 2023.03.30 Medical - Providence St Vincent Medical Center DAVIES TII000043640 2023.03.30 Medical - Rebound DAVIES TII000045027 2023.03.30 Medical - TRG LLC DAVIES TII000045480 2023.05.05 Medical - NW Dermatology Institute DAVIES TII000046001 2023.05.05 Medical - Oregon Health Authority DAVIES TII000046054 2023.05.05 Medical - Washington County Health and Human Services Department DAVIES TII000046102 2023.07.18 Medical - Allergy Asthma and Dermatology Assoc DAVIES TII00047439 2023.12.20 Medical Lori Davies - Biolounge Nutrition TII00067223 2023.12.20 Medical Lori Davies - CDC TII00067158 2024.01.08 Medical Lori Davies - The Oregon Clinic Center for Adv Surgery TII000067277-TII000067295 2024.01.31 Medical-Billing Phoebe Rich Dermatology - L.

Davies TII00067480 2024.02.10 Billing - Northwest Rheumatolog Ass. L. Davies- TII000067762 2024.02.13 Medical-Billing Inner Gate Health and Wellness CA1153452004v0 L. Davies- TII000067763 2024.02.14 Medical-Billing Restore Hyper Wellness CA1153452001v0 L. Davies- TII000067776 2024.02.19 Medical-Billing Oregon Clinic Providence Portland TII000067815 2024.02.23 Medical-Billing Julie Decker Lymphatics CA1153452003v0 TII00068789 2024.02.26 Medical-Billing Northwest Woman's Clinic CA1153931001v0 L. Davies TII00068811 2023.10.25 Medical - Alberta Health Services KLAM TII000063548 2023.10.25 Medical - Dr. Gaunt KLAM TII000063602 2023.10.25 Medical - Public Health Agency of Canada KLAM TII000063558.pdf 2023.12.20 Medical Lynneta Klam - Dennis N. Todoruk TII00067214 2023.12.20 Medical Lynneta Klam - Dr. John Ellis TII00067159 PRODUCED 2022.12.01 Plaintiff's Production - FLODING00001 LineListofMTCases FlodingCaseHighlighted (1063837.1) 2022.12.01 Plaintiff's Production - FLODING00002 Video from ER(1063838.1) 2023.05.05 Billing - Dr. John Bohler FLODING TII000045981 2023.05.05 Billing - St. Peter's Hospital FLODING TII000046197 2023.05.05 Medical - St. Peter's Hospital FLODING TII000046132 2023.05.05 Medical - St. Peter's Hospital FLODING TII000046225 2023.07.08 Medical - Monta Dept of PHHS FLODING TII00047030 2023.07.18 Medical - FDA FLODING TII00047273 2023.07.18 Medical - FLODING TII00047181 2023.07.18 Medical - Jefferson County Health Dept FLODING TII00047207 2023.10.25 Medical - Benefis Hospital Physician Services BENSON TII000063754 2023.10.25 Medical - Great Falls Clinic BENSON TII000063846 2023.10.25 Medical - Great Falls Clinic Lab Report BENSON TII000063657 2023.10.25 Medical - Indian Family Health Clinic BENSON TII000063667 2023.10.25 Medical - Indian Family Health Clinic BENSON TII000063828 2020.07.21. Email from Jeff Vidanes to Michael Needham 2020.07.27. Email from Violet Lombard TII00075821 to TII00075826 2020.07.28. Email from Jeff Vidanes to CDPH TII000077607 2020.07.28. Email string with redactions from Jeff Vidanes 2020.07.29. Email from Brandon Adcock to Christian 3 Bond 4 30b6CaliforniaCDPH- BrandonAdcock-PMK_12 2020.07.29. Email from Lauren Edwards to Lisa Joseph and Lisa Hainstock, and CC to April Hunt and Jayne Holcomb, Subject “RE Uptick in Salmonella Cases,” TII00075858- TII00075864 2020.07.29. Email from Lisa Joseph TII00075610 to TII00075620 2020.07.29. Email from Lauren Edwards TII00076029 to TII00076036 2020.07.29. Email from Lauren Edwards to Lisa Hainstock TII00075936 to TII00075943 2020.07.29. Email from Lisa Joseph to Lauren Edwards; Lisa Hainstock TII00075878 to TII00075887 2020.07.29. Email from Lisa Joseph to Lisa Hainstock and Lauren Edwards TII00075621 to TII00075631 2020.07.29. Email from Lisa Joseph to Lisa Hainstock and Lauren Edwards TII00075632 to TII00075641 2020.07.29. Email from Lisa Hainstock to Lauren Edwards TII00075898 to TII00075902 2020.07.29. Email from Lisa Joseph to Lauren Edwards and Lisa Hainstock TII00075667 to TII00075681 2020.07.29. Email String from Lisa Joseph to MDARD TII00075610 to TII00075617 2020.07.30. Email from Michael Needham to CDPH 2020.07.30. Public Health Notice: Outbreak of Salmonella infections linked to red onions imported from the United States TII00002941-2949 2020.07.31. Email from Jeffrey Higa to CDPH 2020.07.31. Email from Jeff Vidanes, To Michael Needham, with CC to Brandon Adcock and Christian Bond 30b6CaliforniaCDPH- BrandonAdcock-PMK_13 2020.07.31. Email from Michael Needham to Jane Reick, CC to Jeff Vidanes and Brandon Adcock 30b6CaliforniaCDPH- BrandonAdcock-PMK_14 2020.07.31 Email string from Benson Yee to CDPH 2020.07.31. CDC Talking Points TII000056867 2020.07.31. Meeting Invite from Mark Otto TII00075561 to TII00075563 2020.07.31. Email from Danielle Donovan TII00076077 to TII00076080 2020.08.05. Email from Lisa Joseph to Lisa Hainstock and Jayne Holcomb 2020.08.05. Email from Lisa Joseph to Lisa Hainstock TII00075608 to TII00075609 2020.08.06. Email from Trevor Flint to Redacted Name.

23 30b6CaliforniaCDPH- BrandonAdcock-PMK_10 2020.08.11. Email from Lisa Joseph to Lisa Hainstock TII00075599 to TII00075601 2020.08.17. Katherine Arends to Lauren Edwards amd Sally Bidol TII00075760 to TII00075767 2020.08.17. Email from Sally Bidol TII00075752 to TII00075759 2020.08.20 Email from Redacted name to FDB-ERU (CDPH-FDB) 30b6CaliforniaCDPH- BrandonAdcock-PMK_9 2020.09.08. Email from Michael Needham to Jane Reick 30b6CaliforniaCDPH- BrandonAdcock-PMK_15 Invest20009_Timeline_090920 30b6CaliforniaCDPH- BrandonAdcock-PMK_4 Invest20009_Timeline_090920 30b6CaliforniaCDPH- BrandonAdcock-PMK_5 Invest20009_Timeline_090920 30b6CaliforniaCDPH- BrandonAdcock-PMK_6 2020.09.11. Meeting Invite organized by Stranjae Ivory TII00075566 to TII00075569 2020.11.03. CORE Network Salmonella Incident Report and related documents- TII000061568 to TII00061733 Investigation Report 30b6CaliforniaCDPH- BrandonAdcock-PMK_1 California’s Traceback Investigation 30b6CaliforniaCDPH- BrandonAdcock-PMK_8 Multistate Outbreak of Salmonella Newport Infections Linked to Onions, The California Investigation 30b6CaliforniaCDPH- BrandonAdcock-PMK_11 Laboratory Reports TII00050247-50279, TII00050335, TII00050354 Expert Report of Dr. Melvin N.

Kramer Daniel Coto Stephen Blackwell and Supporting Exhibits Expert Report of Dr. Martin Wiedmann and Supporting Exhibits Expert Report of Dr. Jonathan C. Ellis and Supporting Exhibits Expert Report of Dr. Daniel J.

Wallace and Supporting Exhibits Salmonella Newport 2007MLJJP-1 – Cilantro, Tomato, or Onion Suspect Product Flow Diagram DRAFT TII00069358-9f FDA documents obtained through FOIA Salmonella Newport/Red onion/Jul 2020 Traceback Investigation Summary Traceback diagram annotated by Marler firm Food Safety Investigation Multiprovincial cluster of Salmonella Newport in BC, AB, SK, MB, ON, QC, and PE 2007NewWGS1MP Final Investigation Summary, November 2020 Collection of Canadian records produced by Thomson, TII00068082 et seq.

21 Multistate Outbreak of Salmonella Newport Associated with Onions – June to September 2020 Final Report September 2021 Collection of 458 pages of Montana public health records produced by plaintiff Floding.

26 Salmonella Newport and Onions (2007MLJJP-1) Outbreak Investigation Report, January 2021 McCormic et al, Bi-national outbreak of Salmonella Newport infections linked to onions: the United States experience Alberta Health Services report July 20, 2020 2020EI2986: MultiZone Salmonella outbreak in Alberta August 4, 2020 2020EI2986: MultiZone Salmonella outbreak in Alberta August 5, 2020 Alberta Health Services report July 20, 2020 #2021-G-024 Food testing records 2020EI2986: MultiZone Salmonella outbreak in Alberta July 24, 2020 2020EI2986: MultiZone Salmonella outbreak in Alberta July 28, 2020 Alberta Health Services report July 28, 2020 #2021-G-024 July 28, 2020 2020EI2986: MultiZone Salmonella outbreak in Alberta July 29, 2020 2020EI2986: MultiZone Salmonella outbreak in Alberta July 30, 2020 2020EI2986: MultiZone Salmonella outbreak in Alberta July 31, 2020 Final Investigation Summary, November 2020 2020EI2986: MultiZone Salmonella outbreak in Alberta July 20, 2020 2020EI2986: MultiZone Salmonella outbreak in Alberta Sept 9, 2020 Alberta Health Services report July 22, 2020 Email Havens to Evangeline August 3, 2020 Email Evanson to Havens August 3, 2020 Email Evanson to Havens August 3, 2020 Email Havens to Volkman August 4, 2020 Email Havens to Volkman August 4, 2020 Email Ebelt to Hinnenkamp August 5, 2020 Email Havens to Volkman July 22, 2020 Email Havens to Volkman July 23, 2020 Email Havens to Volkman July 23, 2020 Email Havens to Volkman July 23, 2020 Email Weisner to Hinnenkamp July 24, 2020 Email Havens to Volkman July 24, 2020 Email Havens to Volkman July 24, 2020 Email Havens to Pearson July 28, 2020 Email Havens to Volkman July 28, 2020 Email Havens to Pearson July 28, 2020 Email Havens to Hinnenkamp July 29, 2020 Email Havens to Ftalbot July 29, 2020 Email Taylor to Boyd October 2, 2020 Alberta Health email October 19, 2020 Email Pereira to Otto August 1, 2020 Summary of S. Newport event — prepared for industry partner teleconferences July 31, 2020 Email Leftwich to Marcynuk July 30, 2020 Email Cheng to many July 30, 2020 July 30, 2020 Media Lines Email Nadon to Christianson July 29, 2020 Hexemer to Alberta Health July 28, 2020 Email Christianson to Trout July 22, 2020 Haywood to Honish July 27, 2020 Salmonella Newport — 2007NewWGS-1MP investigation Epidemiologic Summary- July 27, 2020 Isaac to Enteric outbreak July 27, 2020 Mah to Hexemer July 28, 2020 Epid to Haywood July 27, 2020 Hexemer to Haywood July 25, 2020 Cheng to AHEZ July 25, 2020 Email Nichani to Nadon July 24, 2020 Email Nichani to Nadon July 24, 2020 Email Boyd to Enteric Outbreak July 24, 2020 Haywood to OFSR July 23, 2020 Email Taylor to Hexemer July 23, 2020 Email Chui to Kearney July 22, 2020 Email Christianson to Trout July 22, 2020 Email Honish to Enteric Outbreak July 23, 2020 July 17, 2020-El-2986: Multi- Zone Salmonella outbreak in Alberta, senior's care facilities Salmonella Newport — 2007NewWGS-1MP investigation Epidemiologic Summary- July 29, 2020 Salmonella Newport — 2007NewWGS-1MP investigation Epidemiologic Summary- August 19, 2020 Cheng to Honish August 12, 2020 Dumoulin to Hexemer August 4, 2020 Cheng to Dumoulin August 4, 2020 Cheng to Hexemer August 1, 2020 Todd to Martinez July 29, 2020 McCormic to Hinnenkemp August 10, 2020 FDA traceback summary Salmonella Newport/Red onion/Jul2020 FDA FOIA response Email exchange covering FDA FOIA response PETERSON PH Records FLODING MT PH Records 459 – 482 DAVIES public health Records BC traceback diagram Kramer demonstrative “Traditional Foodborne Outbreak Investigation Diagram” Kramer demonstrative “Investigation Results Diagram” July 13 distribution timeline July 28, 2020 email Adcock to Vidanes TII00071288 August 12, 2020 email Sloan to FDB-ERU TII00071177 -80 August 4, 2020 email Adcock to Yuen TII00071260 July 30, 2020 email Adcock to Bond TII00071276 July 24, 2020 email Higa to Needham TII00071554 -7 September 14, 2020 Vidanes to: Bond TII00071277 July 30, 2020 email Yee to Needham TII00071571 - 2