Rydman v. Champion Petfoods USA, Inc.

UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE DIVISION HOLLY RYDMAN, ) Case No. 2:18-CV-01578-JHC ) 11 Plaintiff, ) ) PRETRIAL ORDER 12 v. ) ) CHAMPION PETFOODS USA, INC., a ) Delaware corporation, ) ) 15 Defendant. ) ) 16 ) ) JURISDICTION This Court had original jurisdiction over all causes of action asserted herein under the Class Action Fairness Act, 28 U.S.C. §1332(d)(2) (CAFA), because the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs, and more than two-thirds of the Class reside in states other than the states in which Defendant is a citizen and in which this case is filed. No exceptions to jurisdiction under 28 U.S.C. §1332(d) apply. Although the Court denied Plaintiff’s Motion for Class Certification, it retains jurisdiction over this case under CAFA. See United Steel, Paper & Forestry, Rubber, Mfg., Energy, Allied Indus. & Serv. Workers Int’l Union, AFL-CIO, CLC v. Shell Oil Co., 602 F.3d 1087, 1089 (9th Cir. 2010).

1 CLAIMS AND DEFENSES 2 At trial Plaintiff will pursue claims under Washington’s Unfair Business Practices and Consumer Protection Act, RCW § 19.86.010, et seq.

4 ADMITTED FACTS 5 1. Champion manufactures a variety of dry kibble dog food diets (also called formulations) under the ORIJEN and ACANA brand names.

2. Plaintiff resides in the state of Washington.

3. Champion Petfoods manufactured its dog food at issue in this case in Kentucky.

4. Champion Petfoods sold its dog food in the stream of commerce.

5. Plaintiff purchased the following ten Champion diets: Acana Heritage Free-Run Poultry, Acana Heritage Freshwater Fish, Acana Heritage Meats, Acana Regionals 11 Grasslands, Acana Regionals Meadowland, Acana Regionals Wild Atlantic, Acana Singles Duck & Pear, Acana Singles Lamb & Apple, Acana Singles Pork & Squash, 12 and Orijen Six Fish.

ISSUES OF LAW 15 The following are the issues of law to be determined by the court: 16 1. Whether Defendant engaged in an unfair1 or deceptive act or practice.

1 Champion’s position is that Plaintiff did not plead that Champion engaged in an “unfair” act or practice. Count I of Plaintiff’s Third Amended Complaint only alleges “deceptive” acts or practices and does not allege any “unfair” acts or practices. See Dkt. 156 at ¶¶ 238-251. Likewise, in opposing Champion’s motion for summary judgment, Plaintiff did not argue that Champion had engaged in an “unfair” act or practice. See Dkt. 128. Accordingly, because Plaintiff has not pled the theory of an “unfair” act or practice in violation of the Washington Consumer Protection Act, it should not be an issue for the jury’s consideration. Plaintiff’s position is that she properly pleaded unfair or deceptive practices as required under Washington law that states: “a deceptive act must have the capacity to deceive a substantial portion of the population [] and ‘misleads or misrepresents something of material importance’” Lucero v. Cenlar FSB, No. C13-0602RSL, 2014 WL 2972374, at *2 (W.D. Wash. July 1, 2014).See Dkt. 156 at ¶¶238-251 (discussing misleading, materiality, and deceptive nature of claims). Champion is trying to dissect the statutory language improperly that clearly states it is unfair or deceptive practices. Aa Champion solely attacked the deceptive nature of the claims at summary judgment, Plaintiff responded as to the arguments Champion made.

1 2. Whether the act or practice occurred in the conduct of Defendant’s trade or 2 commerce.2 3 3. Whether the act or practice affects the public interest.

4 4. Whether Plaintiff was injured in either her business or her property.

5 5. Whether Defendant’s act or practice proximately caused Plaintiff’s injury.

6 6. Whether Plaintiff is entitled to a full refund.

7 7. Whether Plaintiff is entitled to enhanced (up to treble) damages.

8 EXPERT WITNESSES 9 Each party shall be limited to two (2) expert witness(es) on the issues of liability and damages under the Consumer Protection Act and damages.

11 The name(s) and addresses of the expert witness(es) to be used by each party at the trial and the issue upon which each will testify is: 13 On behalf of Plaintiff: 1. Bruce Silverman – 3168 Dona Mema Place, Studio City, CA 91604 – Marketing – will testify.

2. Stephan Boedeker – 2200 Powell Street, Suite 1200, Emeryville, CA 94608 – 16 Damages – will testify.

17 On behalf of Defendant: 18 1. Dr. Robert H. Poppenga, DVM, PhD – UC Davis School of Veterinary Medicine Maddy Lab, Davis, CA 95616 – may call.3 The parties have stipulated and agree that the act or practice in question occurred in the conduct of Defendant’s “trade or commerce.” Therefore, this element of the CPA is satisfied, and the jury does not need to address it.

23 3 Champion lists Dr. Poppenga as a “May Call” witness in response to conferral with Plaintiff’s counsel indicating her potential use of heavy metals or pentobarbital-related exhibits at trial, which in turn requires Dr. Poppenga to contextualize these substances for the jury. Champion contends that all testimony and evidence pertaining to heavy metals and pentobarbital are irrelevant and outside of the scope of this litigation, as it would violate the court’s summary judgment ruling which dismissed heavy metals from this case and the plaintiff’s agreement to voluntarily dismiss her pentobarbital claims. Dkt. 145; Dkt. 109, n.2 (explaining August 9, 2022 stipulation to drop pentobarbital-related theories). Champion is filing a motion in limine to exclude all testimony and evidence pertaining to heavy metals and pentobarbital, and thus Dr. Poppenga’s testimony at trial 1 OTHER WITNESSES 2 The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are: 4 On behalf of Plaintiff: 5 1. Plaintiff Holly Rydman (LIVE)– 1904 Overhulse Rd. NW, Olympia, WA 98502 will testify regarding her Champion Petfood purchases and the unfair and misleading packaging.

2. Peter Muhlenfeld (LIVE) (adverse) – [address unknown] - will testify regarding 8 Champion Petfoods generally, including marketing, consumer research and manufacturing practices.

3. Jeff Johnston (LIVE) (adverse) – [address unknown] - will testify regarding 10 Champion Petfoods generally, including marketing, consumer research and manufacturing practices.

12 4. Chris Milam (LIVE) (adverse) – [address unknown] - will testify regarding Champion Petfoods generally, including marketing, consumer research and 13 manufacturing practices.

14 5. Jason Arnold – (may call by video) regarding Champion Petfoods’ marketing and manufacturing practices.

6. Jonathan Ellison – (may call by video) regarding Champion Petfoods’ marketing and manufacturing practices.

7. Amanda Flowers – (may call by video) regarding Champion Petfoods’ marketing 18 and manufacturing practices.

19 8. Bonnie Gerow – (LIVE) (adverse) or (may call by video) regarding Champion Petfoods’ marketing and manufacturing practices. is also dependent upon the court’s ruling as to that motion. By naming Dr. Poppenga, Champion reserves its objections to the admissibility of heavy metal or pentobarbital evidence under Rules and 403. By email dated March 14, 2024, Plaintiff advised Defendant that she does not intend to put in any heavy metal evidence or other contamination evidence unless Defendant “opens the door” by putting in evidence for which heavy metal or other contamination might be called for to rebut. But because the Court dismissed the heavy metal part of the case, we did not expect it (heavy metals) to be an issue at all.

9. Gayan Hettiarachchi – (may call by video) regarding Champion Petfoods’ marketing and manufacturing practices.

10. Chinedu Ogbonna – (may call by video) regarding Champion Petfoods’ marketing 3 and manufacturing practices.

4 11. Richard Raposo – (may call by video) regarding Champion Petfoods’ marketing and manufacturing practices.

12. Sarry Brown Tarry – (may call by video) regarding Champion Petfoods’ marketing 6 and manufacturing practices.

13. Julie Washington – (may call by video) regarding Champion Petfoods’ marketing 8 and manufacturing practices.

9 14. Christine Caswell – (may call by video) regarding Champion Petfoods’ marketing and manufacturing practices.

15. Krista Freier [Or another witness] (LIVE) Will call regarding 1006 Exhibits.

16. Champion Petfoods’ survey expert Dominique Hanssens – (LIVE) (adverse) or (may call by video) regarding his survey testimony.

On Behalf of Defendant: 1. Peter Muhlenfeld – c/o Winston & Strawn LLP, 200 S. Biscayne Boulevard, Suite 15 2400 Miami, FL 33131 (will call) regarding company background, development of the ORIJEN and ACANA brands and diets, and packaging statements on the diets 16 at issue.

2. Jeffrey Johnston – Champion Petfoods Research & Innovation Centre, 301, 1103 18 95 St. SW Edmonton, AB, Canada T6X 0P8 (will call) regarding ingredient research and development, product and formula development, food safety, 19 nutrition, production processes, ingredient procurement, and practices as to regrinds and “expired” ingredients.

3. Christopher Milam – Hampton Premium Meats, 517 E 4th Street Russellville, KY 42276 (will call) regarding fresh regional ingredient sourcing and procurement.

23 STIPULATIONS REGARDING WITNESSES 24 1. The Parties, expert witnesses, and outside and in-house counsel (not fact witnesses), shall be permitted to hear all testimony from all fact and expert witnesses at trial.

1 2. Fact witnesses shall be sequestered at trial, but may remain in the courtroom following completion of their direct and cross-examination testimony. Counsel shall not consult with any witnesses about their testimony during breaks until the witness is excused.

4 3. The parties have agreed to a procedure wherein both Plaintiff and Champion would conduct their direct examination of Mr. Milam when he is called in Plaintiff’s case-in- chief. Mr. Milam is a former employee of Champion who resides in Kentucky and would be testifying voluntarily. Calling Mr. Milam only once will facilitate scheduling for Mr. Milam and increase trial efficiencies. Plaintiff has also offered that procedure to Defendant for witnesses Johnson and Muhlenfeld.

10 EXHIBITS & DEMONSTRATIVES 11 1. For the purposes of this Order, the term “demonstratives” shall refer to a visual or demonstrative aid that consists of a depiction of the evidence in any form and that is useful in helping a witness explain his/her testimony to the jury or to assist counsel in opening statement or closing. Callouts of exhibits or references to testimony for which there is no pending objection, shall not be considered a demonstrative for purposes of the disclosure deadlines referenced below.

17 2. Exhibits and/or Demonstratives in Opening Statements 18 Openings. The parties shall exchange demonstratives and identify all exhibits that they may reasonably anticipate using in opening statements by 9:00 a.m. PDT, 3 days before start of trial. Objections to the opening statement exhibits and/or demonstratives shall be exchanged by 7:00 p.m. PDT, two days before the start of trial. The parties shall meet and confer thereafter regarding any objections, and then present any outstanding issues to the Court for resolution as soon as practicable before trial.

24 Closings. The parties shall not be required to exchange demonstratives and/or exhibits for closing arguments.

3. Disclosure of Witness Order, Exhibits, and Demonstratives for Use During Direct and Cross Examinations 2 a. The parties have exchanged good faith witness lists in a will call/may call format and will exchange updated final witness lists in a will call/may call format ten (10) days before trial start date. The final lists shall not list witnesses on the will call list that the party does not intend to call live. The parties shall identify the intended order of the witness(es) they intend to call live and by deposition on each day by 9:00 a.m. PDT, two calendar days before the date on which the witness would go on the stand or the testimony would be played/read to the jury (i.e., witness(es) to be called/played Wednesday would be disclosed by 9:00 a.m.

9 PDT on Monday morning). The parties shall notify each other as soon as they have definitively determined that they will no longer be calling any witness previously listed.

11 b. Exhibits and demonstratives to be utilized for the direct examination of a witness shall be exchanged by 9:00 a.m. PDT two calendar days before the day the exhibits are to be used (i.e., exhibits and demonstratives to be used with a Wednesday witness would be disclosed/exchanged by 9:00 a.m. PDT on Monday morning). Objections to Direct Examination witnesses, exhibits and demonstratives shall be provided by 7:00 p.m. PDT on the same day they are first exchanged/disclosed. So, for example, witnesses or exhibits disclosed on Monday morning shall be objected to no later than 7:00 PDT that Monday evening.

18 c. Exhibits (but not demonstratives or impeachment materials) to be utilized for the cross examination of a witness shall be exchanged by 9:00 a.m. PDT one calendar day before the day such exhibits are to be used (i.e., exhibits [but not demonstratives or impeachment materials] to be used with a Wednesday witness would be disclosed/exchanged by 9:00 a.m. on Tuesday morning). Objections to Cross Examination exhibits shall be provided by 7:00 p.m.

23 PDT on the same day they first exchanged/disclosed. So, for example, witnesses or exhibits disclosed on Monday morning shall be objected to no later than 7:00 p.m. PDT that Monday evening.

1 EXHIBITS 2 Plaintiff intends to present exhibits in electronic format.

Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 6 Disputed 001 CPF0001186 (Champion X Petfoods Standard Answers 8 and CPF Language) CPF0001868 (Label: X 9 Acana Heritage Freshwater Fish) 003 CPF0001874 (Label: X Acana Singles Duck & 11 Pear) CPF0001876 (Label: X Acana Singles Lamb & 13 Apple) CPF0001880 (Label: X Acana Singles Pork & Squash) 006 CPF0001891 (Label: X Acana Regionals Wild 16 Atlantic) 007 CPF0001894 (Label: X Acana Regionals 18 Grasslands) CPF0001912 (Orijen X 19 Regional Red Label) CPF0001967 (Label: X 20 Orijen Six Fish) 010 CPF0002842 (Label: X Acana Regionals 22 Meadowland) CPF0017614 (Sales data, X 23 2013-2016) 012 CPF0017743 (Sales data, X 2017-2018) 013 CPF0026302 (Shipping- X related documents, dated 26 July 24, 2016) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 014 CPF0026315 (Shipping- X related documents, dated 5 July 7, 2016) CPF0028106 (Shipping- X 6 related documents, dated August 23, 2016) 016 CPF0041983 (Shipping- X related documents, dated 8 July 29, 2017) 017 CPF0046980 (Shipping- X related documents, dated 10 November 17, 2017) CPF0050514 (Shipping- X 11 related documents, dated January 28, 2018) CPF0050936 (Shipping- X 13 related documents, dated February 1, 2018) 020 CPF0052578 (Shipping- X related documents, dated 15 March 1, 2018) CPF0057885 (Sales data X 16 2016-2018) CPF0058305 (E-mail X 17 communications, dated December 2009-January 18 2010) CPF0058330 (Document X 19 titled, “The BEST Just Got BETTER!”)

20 024 CPF0058333 (Document X titled, “New! ACANA 21 Grain-Free Foods, Formula and Packaging 22 Improvements”) CPF0066047 (E-mail X 23 communications, dated 24 April 17, 2013) CPF0066547 (Customer X complaint, dated June 24, 2013) CPF0070798 (E-mail X communications, dated March 2014) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 028 CPF0071726 (E-mail X communications, dated 5 2014-04-26) 029 CPF0073082 (E-mail X communications, dated 7 July 15, 2014) 030 CPF0076315 (E-mail X communications, dated 9 January 2018) 031 CPF0079288 (E-mail X communications, dated 11 September 13, 2011) CPF0079320 (Formula X 12 costing document) CPF0081519 (Project X 13 Greyhound- Roles and Processes Chart 14 Descriptions) CPF0083262 (Orijen X Brand Guidelines) 035 CPF0085333 (2009 X Champion announcement 17 regarding changes to Acana) 036 CPF0088177 (Letter, dated X March 4, 2015) CPF0089958 (Project X 20 Application Form for 2015 Shelf Life Study, dated 21 December 10, 2014) CPF0091108 (Manufacture X 22 Description and Flow Chart) 039 CPF0092151 (Document X titled, “One Page Plan 24 2015-2017”) CPF0092581 (E-mail X 25 communications, dated August 19, 2015) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 041 CPF0095516 (Document X titled, “Consolidated 5 Standards for Inspection: Prerequisite and Food 6 Safety Programs”) CPF0099579 (E-mail X 7 communications, dated March 17, 2016) 043 CPF0102953 (Document X titled “Standard Operating 9 Procedure,” dated 5/10/2016 044 CPF0142858 (Supplier list) X CPF0145434 (2017-01-13 X 12 Brand Finance US Dog Pet Food Survey) 046 CPF0145472 (Document X titled, “Brand Finance U.S. 14 Dog Pet Food Survey,” dated January 13, 2017) 047 CPF0151221 (E-mail X communications, April 11, 16 2017) CPF0171009 (E-mail X 17 Communications, dated April 29, 2017) CPF0190994 (E-mail X 19 communications, dated May 9, 2017) 050 CPF0209717 (Acana X Brand Guidelines) 051 CPF0209796 (E-mail X communications, dated 22 May 16, 2017) CPF0213615 (E-mail X 23 communications dated May-June 2017) CPF0214027 (E-mail X 25 communications, dated June 30, 2017) 054 CPF0214050 (Regrinds X usage chart, updated May 27 30, 2016) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 055 CPF0216726 (Audio X script) 056 CPF0219329 (Document X titled, “Market Trend 6 Analysis Q3, 2017”) CPF0220192 (Document X 7 titled, “Acana Regionals, Five Year Plan”) 058 CPF0221173 (2018 X audience research) 059 CPF0228757 (Document X titled, “Kentucky 10 Greyhound Project,” dated March 7, 2015) 060 CPF0244035 (E-mail X communications, dated 12 August 29, 2016) CPF0249062 (Ingredient X 13 supplier list) 062 CPF0250646 (Unmatched X Fresh Regional 15 Ingredients: Champion Petfoods- BAFRINO 16 Training Module 3) CPF0254858 (E-mail X 17 communications, dated September 2017) 064 CPF0255008 (Document X titled, “National Industry 19 PIJAC Show 2017: Goals and Outcomes”) 065 CPF0255511 (Document X titled, “GROW Working 21 Relationships,” dated September 13, 2017) 066 CPF0256021 (Vendor X Questionnaire - Farm 23 Brands) CPF0256512 (E-mail X 24 communications, dated September 2017 - 25 November 2017) CPF0257792 (Document X 26 titled “2018 Product Strategy”) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 069 CPF0258099 (Champion X Petfoods 2018 Product 5 Strategy) CPF0258386 (Document X 6 titled, “Project Morningstar, Board Update 7 - Draft,” dated February 6, 2018) 071 CPF0301299 (Quality X Assurance Product Release 9 Form, dated October 21, 2011) 072 CPF0308820 (Quality X Assurance Product Release 11 Form, dated January 26, 2012) 073 CPF0425176 (Quality X Assurance Product Release 13 Form, dated May 31, 2014) 074 CPF0435932 (Quality X Assurance Product Release 15 Form, dated August 29-30, 2014) 075 CPF0446514 (Quality X Assurance Product Release 17 Form, dated October 11, 2014) 076 CPF0537694 (Quality X Assurance Product Release 19 Form, dated February 28, 2015) 077 CPF0551343 (Quality X Assurance Product Release 21 Form, dated March 19, 2015) CPF0570504 (Quality X 23 Assurance Product Release Form, dated April 15, 24 2015) CPF0840714 (Quality X 25 Assurance Product Release Form, dated October 4, 26 2016) CPF1160682 (E-mail X 27 communications, dated August 18, 2011) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 081 CPF1175497 (E-mail X communications, dated 5 October 14, 2014) CPF1177144 (E-mail X 6 communications, dated December 2014) 083 CPF1178745 (E-mail X communications, dated 8 March 2015) 084 CPF1178746 (Supplier X affidavit, dated March 11, 10 2015) CPF1183880 (E-mail X 11 communications, dated November 4-5, 2015) CPF1280150 (E-mail X 13 communications, dated October 2017) 087 CPF1285706 (SQF Audit X Report, dated February 19, 15 2018) CPF1286058 (Document X 16 titled, “International Market Development”) CPF1292285 (E-mail X communications, dated March 12-13, 2013) 090 CPF1294360 (Document X titled, “President’s Club: 20 Champion Petfoods”) CPF1295489 (E-mail X 21 communications, dated October and November 22 2013) CPF1297395 (E-mail X communications, dated 24 March 10, 2014) CPF1302880 (E-mail X communications, dated October 2014) CPF1306862 (E-mail X communications, dated January 2015) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 095 CPF1306889 (E-mail X communications, dated 5 January 2015) CPF1308778 (E-mail X 6 communications, dated February 2015) 097 CPF1309909 (E-mail X communications, dated 8 February-March 2015) 098 CPF1318639 (Letter, dated X April 14, 2015) 099 CPF1345493 (Document X titled “Hazard Analysis” 11 dated 9/21/2017 CPF1348192 (Ingredient X 12 lists for Acana and Orijen diets) CPF1349276 (Letter from X 14 FDA, dated February 26, 102 2 C0 P1 F8 1) 5 15963 (Shipping- X related documents, dated 16 May 13, 2016) CPF1522005 (Shipping- X related documents, dated 18 June 29, 2016) CPF1710595 (E-mail X communications, dated December 9, 2015) CPF1710931 (E-mail X communications, dated December 16, 2015) 106 CPF1714695 (Regrinds X usage chart, updated 23 December 31, 2015) CPF1716566 (E-mail X 24 communications, dated February 18, 2016) 108 CPF1717808 (Laboratory X Shift Report, dated March 26 10, 2016) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 109 CPF1717891 (Laboratory X Shift Report, dated March 5 14, 2016) 110 CPF1719560 (E-mail X communications, dated 7 May 12, 2016) 111 CPF1719813 (E-mail X communications, dated 9 April and May 2016) CPF1720401 (E-mail, X 10 dated April-May 2016) 113 CPF1724306 (E-mail X communications, dated 12 June 10, 2016) CPF1739091 (QA Floor X 13 Shift Report, dated November 8, 2016) 115 CPF1739605 (E-mail X communications, dated 15 November 30, 2016) 116 CPF1741216 (Laboratory X Shift Report, dated January 17 2, 2017) CPF1748700 (E-mail X 18 communications, dated March 20, 2017) CPF1748855 (Document X titled, “DOGSTAR FAQs”) CPF1758303 (E-mail X communications, dated May 2, 2017) CPF1762571 (Document X titled, “Attribute Values 24 and Their Relationships”) CPF1764319 (E-mail X communications, dated June, August, and September 2017) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 122 CPF1765264 (E-mail X communication, dated 5 September-October 2017) CPF1767149 (E-mail X 7 communications, dated December 2017) CPF1768703 (E-mail X 9 communications, dated February 2018) CPF1768707 (Regulations X 11 revisions) 126 CPF1770001 (QA Floor X Shift Report, dated 13 February 25, 2018) CPF1781155 (Application X 14 for a shelf life study in 2015) 128 CPF1781382 (E-mail X communications, dated 16 June 2016) CPF1781475 (E-mail X 17 communications, dated June 2016) CPF1781852 (E-mail X 19 communications, dated June 2016) 131 CPF1783582 (E-mail X communications, dated 21 September 1, 2016) CPF1784617 (E-mail X 22 communications, dated 2016-09-09) CPF1784652 (E-mail X communications, dated September 1, 2016) 134 CPF1786936 (E-mail X communications, dated 26 November 19, 2016) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 135 CPF1788961 (E-mail X communications, dated 5 December 14, 2016) 136 CPF1789156 (E-mail X communications, dated 7 December 2016) 137 CPF1789171 (E-mail X communications, dated 9 December 19, 2016) 138 CPF1798452 (E-mail X communications, dated 11 March 14, 2017) CPF1800577 (Document X 12 titled, “DogStar FAQs”) 140 CPF1803444 (E-mail X communications, dated 14 May 24-25, 2017) CPF1806991 (Champion X Petfoods Corporate Video, 16 dated July 12) CPF1807782 (Document X 17 titled, “DogStar FAQs”) CPF1812999 (E-mail X 18 communications, dated September 7, 2017) 144 CPF1813063 (Document X titled “Team USA Report,” 20 dated August 2017) 145 CPF1817441 (Document X titled, “US B2C Pilot 22 Strategy”) CPF1817671 (E-mail X 23 communications, dated November 2017) CPF1817708 (E-mail X 25 communications, dated November 2017) CPF1823546 (Document X 27 titled, “Pet Food Market Assessment”) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 149 CPF1825639 (Document X entitled “Revision 5 Requests-Regulations”) CPF1826327 (E-mail X 6 communication, dated February 15, 2016) 151 CPF1826604 (Document X titled “Project Morningstar: 8 Opportunity Overview,” dated February 2018) CPF1829624 (E-mail X 10 communications, dated August 17, 2011) 153 CPF1833588 (E-mail X communications, dated 12 March 10, 2014) CPF1837923 (Document X titled “Regulatory Incident Questionnaire,” dated June 6, 2015) CPF1841061 (E-mail X communications, dated 16 November 4, 2016) CPF1842564 (Deloitte X Accountant’s Report, dated January 12, 2016) CPF1873365 (E-mail X communications dated August 23, 2010) CPF1936913 (E-mail X communications, dated November 1, 2011) CPF1941121 (E-mail X communications, dated 23 December 6, 2011) CPF1941300 (Document X titled “Product Authenticity Risk 25 Management”) CPF1949251 (E-mail X communications, dated October 12, 2016) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 162 CPF1958871 (Document X titled, “Viva Las Vegas: 5 Superzoo 2016”) CPF1973651 (Champion X 7 Petfoods Management Presentation) CPF1973904 (Document X 9 titled “Project Morningstar Norfolk Operational Due 10 Diligence Call”) CPF1973922 (Document X 11 titled “Project Morningstar Norfolk Operational Due 12 Diligence Call”) CPF1981389 (E-mail X 13 communications, dated September 2017) 167 CPF1999067 (Document X titled, “Our Foundation: 15 Our Guiding Principles,” dated August 9, 2018) CPF2003781 (Document X 17 titled, “Agri-Business Automation and Lean 18 Manufacturing Application Form”) 169 CPF2004325 (Document X titled, “CPF Value 20 Statement”) CPF2008170 (E-mail X 21 communications, dated November 28, 2011) 171 CPF2011289 (Document X titled, “Agri-Business 23 Automation and Lean Manufacturing Application 24 Form”) CPF2011360 (Document X 25 titled, “Agri-Business Automation and Lean 26 Manufacturing Application Form) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 173 CPF2015010 (E-mail X communications dated July 5 1, 2013) CPF2024487 (Document X 6 titled, “SQF Level 2 GAP Assessment,” dated June 6- 7 8, 2016) CPF2025929 (Document X 8 titled “Regulatory Affairs Strategic Plan 2017-2022”) CPF2028694 (Document X 10 titled, “Creative Services”) 177 CPF2047936 (Champion X Petfoods Response to 12 South African Regulatory Authorities, dated January 13 15, 2016) CPF2055446 (Laboratory X 14 Shift Report, dated September 8, 2015) 179 CPF2057754 (Myths and X Misconceptions: Champion 16 Petfoods- BAFRINO Training Module 5) 180 CPF2062755 (QA Floor X Shift Report, dated 18 November 12, 2017) CPF2067153 (QA Floor X 19 Shift Report, dated March 24, 2018) 182 CPF2072411 (E-mail X Correspondence, dated 21 January 18, 2016) CPF2073241 (Document X 22 titled, “BAFRINO”) 184 CPF2074069 (E-mail X communications, dated 24 July 13, 2016) CPF2074587 (Supplier X 25 checklist) CPF2087494 (E-mail X communications, dated October 12, 2017) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 187 CPF2088727 (Champion X Petfoods Orijen Product 5 Concept, dated January 3, 2018) 188 CPF2092037 (Champion X Petfoods Acana Singles 7 Marketing Launch Plan, dated April 25, 2018) 189 CPF2100546 (E-mail X communications, dated 9 November 20, 2015) CPF2113159 (Champion X 10 Petfoods Project Morningstar Financial 11 Model, dated March 15, 2018) 191 CPF2113257 (E-mail X communications, dated 13 March 19, 2018) CPF2115078 (Document X 14 titled, “Global Pet Outcomes”) 193 CPF2116940 (Document X titled, “Your Questions 16 Answered”) 194 CPF2117040 (MSRP by X state, 2016-2018) 195 CPF2117189 (Supplier list, X risk, audit plan, dated July 19 22, 2013) 196 CPF2117612 (Champion X Petfoods Supplier Audit for 21 Certified Approval, dated June 8, 2018) 197 CPF2117800 (Settlement X Calculations) CPF2129877 (Regrinds X 24 Spreadsheet) CPFB00032 (Label: Acana X 25 Heritage Free Run Poultry) 200 CPFB00033 (Label: Acana X Heritage Free Run Poultry) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 201 CPFB00034 (Label: Acana X Heritage Freshwater Fish) CPFB00035 (Label: Acana X 6 Heritage Freshwater Fish) CPFB00036 (Label: Acana X 7 Heritage Meats) 204 CPFB00039 (Label: Acana X Regionals Grasslands) CPFB00040 (Label: Acana X 10 Regionals Grasslands) CPFB00042 (Label: Acana X 11 Regionals Meadowland) 207 CPFB00043 (Label: Acana X Regionals Meadowland) CPFB00044 (Label: Acana X 14 Regionals Wild Atlantic) CPFB00045 (Label: Acana X 15 Regionals Wild Atlantic) 210 CPFB00046 (Label: Acana X Singles Duck & Pear) CPFB00047 (Label: Acana X 18 Singles Duck & Pear) CPFB00050 (Label: Acana X 19 Singles Lamb & Apple) 213 CPFB00052 (Label: Acana X Singles Lamb & Apple) CPFB00056 (Label: Acana X 22 Singles Pork & Squash) CPFB00057 (Label: Acana X 23 Singles Pork & Squash) CPFB00084 (Label: Orijen X 24 Six Fish) CPFB00088 (Label: Orijen X Six Fish) CPFB00089 (Label: Orijen X Six Fish) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 219 1006 Exhibit - Plaintiff X Claim Count Chart 1006 Exhibit - Acana and X 6 Orijen ingredients and suppliers 221 1006 Exhibit - Expert X Boedeker Survey Results 1006 Exhibit - Sales Data X 223 1006 Exhibit - Comparing X Statements on Acana Dog 10 Food Packaging 224 1006 Exhibit - Comparing X Statements on Orijen Dog 12 Food Packaging 225 1006 Exhibit - Expired X Ingredients 1006 Exhibit - Frozen X Ingredients 1006 Exhibit - Six Fish X 16 ingredients and suppliers 228 1006 Exhibit - X Summarizing regrind use 18 with diets manufactured at DogStar and purchased by 19 Plaintiff Rydman 2017 Pet Food Industry X Top 50 Pet Food Companies 2018 Pet Food Industry X Top 50 Pet Food Companies 2018-01-16 Article: How X Once-Tiny Pet-Food Maker Took a Bite of the Global Market Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 232 2018-11-16 Defendants X Responses and Objections 5 to Plaintiffs’ First Set of Interrogatories - Reitman 2019-07-16 Defendants’ X 7 Responses and Objections to Plaintiffs’ First Set of 8 Requests for Admissions - Reitman 2019-07-16 Defendants X Responses and Objections to Plaintiffs’ Second Set of Interrogatories - Reitman 235 2019-11-15 Defendants X Response to Plaintiffs’ 13 Statement of Uncontroverted Facts and 14 Conclusions of Law - Reitman 236 2020-08-17 Defendants X Responses and Objections 16 to Plaintiffs’ First Request for Admissions - Song All documents relied on by X 18 Stefan Boedeker 238 All documents relied on by X Bruce Silverman All exhibits used in any X 1006 exhibit 2021-01-08 Article: X 22 Champion Petfoods Resolves Two Mislabeling 23 Lawsuits 241 Chewy Website showing X Pedigree Dog Food Expert Report - Bruce X Silverman (portions not excluded by the Court) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 243 Expert Report - Stefan X Boedeker FDA Reportable Food X 6 Registry for Industry Total Diet Study, dated X 7 April 15, 2014, revised April 2017 246 FDA Total Diet Study X (2018-2020) 2021-04-30 C. Ogbonna X 10 Declaration in Support of Defendants Response in 11 Opposition to Plaintiff’s Motion for Class 12 Certification at Exhibit 1 - Zarinebaf RYDMAN000178 X 14 (Plaintiff Rydman’s purchase receipts) 249 Label: Acana Heritage X Free-Run Poultry (CPF 16 webpage, 1/6/2023) 250 (Document titled, X “Champion Petfoods 18 Natural Claims”) Photographs of Orijen and X 19 Acana Dog Food taken in 2019 with counsel for both 20 parties present.

252 CPF1285113 (E-mail X 21 communications, dated January 2018) CPF0221419 (Orijen X 23 Champion Five Year Plan (All Markets)) CPF1932836 (Acana X 25 Singles Five Year Plan (All Markets)) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 255 CPF2088776 (Acana X Heritage Five Year Plan 5 (DogStar)) CPF2088826 (Acana X 6 Regionals Five Year Plan (All Markets)) 257 CPF1166607 (Procedure: X Rework Handling, Flavour 8 Infusion & Repack, effective March 14, 2011) 258 CPF0220583 (Champion X Food Safety Manual, dated 10 September 21, 2017) 2018-07-06 Article: X 11 Champion Petfoods Comments on Nestle 12 Acquisition Speculation 2017-07-02 Article: Nestle X in Talks to Buy Pet-Food Maker for $2 Billion 2022-11-01 Article: Mars X Petcare to Purchase Orijen and Acana CPF0079262 (Report dated X S eptember 6, 2011) CPF0079270 (Spreadsheet, X 19 dated April 2007 – May 2011) CPF0079273 (Spreadsheet, X 21 dated January – June 2011) 265 CPF0079281 (Spreadsheet X dated September 2011) CPF0082963 (Product X development presentation dated November 2014) 267 CPF1997241 (E-mail X communications, dated 26 November 30, 2017) Plaintiff’s Exhibits Ex. Description of Exhibit or Admissibility Authenticity Authenticity Admitted No. Demonstrative Stipulated Stipulated / Disputed Admissibility 3 Disputed 268 CPF2006163 (Letter to X Export Partners, dated 5 September 25, 2010) 269 CPF2020429 (Acana X Heritage Pricing Guide, 7 dated August 2015) 270 CPF2027859 (Launch X package, dated October 9 2016) 271 CPF2095939 (Acana X suggested retail prices, 11 d ated September 2015) CPF0100358 (E-mail X 12 communications, dated March 2016) CPF1724462 (Regrinds X 14 usage chart, updated October 30, 2014) 274 CPF1739482 (E-mail X communications, dated 16 November 18, 2016) CPF1764572 (Document X titled, “Ingredient Specification Form - Fats and Oils, effective February 24, 2017”) 21 Defendant intends to present exhibits in electronic and/or paper format.

Defendant’s Exhibits Ex No. Description of Admissibility Authenticity Authenticity Admitted Exhibit or Stipulated Stipulated/ Disputed 24 Demonstrative Admissibility Disputed 25 300. 201 6 DogStar X ORIJEN Six Fish 26 label (CPFB00084) 301. 201 7 DogStar X 27 ORIJEN Six Fish Defendant’s Exhibits Ex No. Description of Admissibility Authenticity Authenticity Admitted Exhibit or Stipulated Stipulated/ Disputed 2 Demonstrative Admissibility Disputed 3 label (CPFB00088; Pl. Depo Ex. 11) 302. 201 6-2017 DogStar X ACANA Regionals 5 Grasslands label (CPFB00039; Pl.

6 Depo Ex. 14) 303. 201 6-2017 DogStar X 7 ACANA Regionals Meadowland label 8 (CPFB00042; Pl.

Depo Ex. 19) 304. 201 6-2017 DogStar X ACANA Regionals Wild Atlantic (CPFB00044; Pl.

Depo Ex. 13) 12 305. 201 6-2017 DogStar X ACANA Singles Lamb & Apple label (CPFB00050; Pl. Depo Ex. 15) 306. 201 6-2017 DogStar X ACANA Singles Pork & Squash label (CPFB00056; Pl. Depo Ex. 20) 17 307. 201 6-2017 DogStar X ACANA Singles Duck & Pear label (CPFB00046; Pl.

Depo Ex. 16) 308. 201 6-2017 DogStar X 20 ACANA Heritage Free-Run Poultry 21 label (CPFB00032; Pl. Depo Ex. 18) 22 309. 201 6-2017 DogStar X ACANA Heritage 23 Red Meat label (CPFB00036; Pl.

24 Depo Ex. 17) 310. 201 6-2017 DogStar X 25 ACANA Heritage Freshwater Fish 26 (CPFB00034; Pl.

Depo Ex. 12) 27 311. 201 4 NorthStar X ACANA Singles Defendant’s Exhibits Ex No. Description of Admissibility Authenticity Authenticity Admitted Exhibit or Stipulated Stipulated/ Disputed 2 Demonstrative Admissibility Disputed 3 Lamb & Apple (CPFB00054) (for 4 impeachment) 312. 198 0s ACANA X 5 Striped Bag images 313. 199 0s ACANA X 6 Blue Bag 314a. Silverman Dep. X November 24, 2020 Ex. 2 314b. Silverman Dep. X November 24, 2020 Ex. 3 10 315. Do gStar Suppliers X Map (CPF0249064) 11 316. Au g. 14, 2015 X Letter from C.

Ogbonna to L.

Higgins bags (CPF0000022) 317a. AAFCO 2016 X 14 Publication Fresh Definition 15 317b. AAFCO 2016 X Publication Raw 16 Definition 318. AA FCO 2016 X 17 Publication Made With Definition 18 319. De cember 14, 2016 X SQFI Audit Report 19 of DogStar (CPF0216056) 20 320. 21 C.F.R. Ch. 507 X excerpt 21 321. 21 C.F.R. Ch. 110 X excerpt 22 322. US DA Food X Standards and 23 Labeling Policy Book August 2005 24 323. RE SERVED 324. RE SERVED 25 325. RE SERVED 26 326. RE SERVED 327. Feb . 14, 2017 X 27 Letter from GFSI to Defendant’s Exhibits Ex No. Description of Admissibility Authenticity Authenticity Admitted Exhibit or Stipulated Stipulated/ Disputed 2 Demonstrative Admissibility Disputed 3 G. Hettiarachchi (CPF0057883) 328. Do gStar Tour X PowerPoint 5 (CPF1822967) 329. Cer tificate of X 6 Registration, SQF Level 2 Award to 7 DogStar (CPF0057882) 330. Cer tificate of X Registration, SQF Award for Manufacturing to DogStar (CPF0057884) 331. De sign Build X Award Article (CPF0212760) 13 332. Vid eo - Our X Commitment to Safe Quality Foods (CPF1873005) 15 333. Ima ges of exterior X and interior of DogStar Kitchen (from produced documents) 334. Ch ampion X 18 Consumer Program (Ex. 3 to Rydman 19 Depo) RYDMAN000103 20 335. Flu ffy and Floyd’s X Redacted Frequent 21 Buyer Cards (Ex. 4 to Rydman Depo) 22 336. Mu d Bay purchase X history (Ex. 5 to 23 Rydman Depo) 337. Flu ffy and Floyd’s X 24 Receipts (Ex. 6 to Rydman Depo) 25 338. Am azon Receipts X (Ex. 8 to Rydman 26 Depo) RYDMAN000107- 27 RYDMAN000169 Defendant’s Exhibits Ex No. Description of Admissibility Authenticity Authenticity Admitted Exhibit or Stipulated Stipulated/ Disputed 2 Demonstrative Admissibility Disputed 339. Mu d Bay Receipts X (Ex. 9 to Rydman 4 Depo) RYDMAN000171- 5 RYDMAN000177 340. Pla intiff Rydman X 6 Responses to Interrogatories Conditional Heavy Metal and Pentobarbital Exhibits:4 341. Ch ampion Petfoods X USA, Inc. Establishment Inspection Report, dated May 16, 2018, Jim Wagner Deposition Ex. 4 342. Ch ampion Petfoods X Ingredient Specification Form - Dry Protein, dated February 24, 2017, Gilmurray Depostion Ex. 18 16 343. Ch ampion Petfoods X Ingredient Specification Form - Fats and Oils, dated February 24, 2017, Gilmurray Depostion Ex. 19 20 344. Pen nsylvania X Department of Agriculture Bureau of Plant Industry Letter from David Dressler to Champion Petfoods USA, Inc. re: inspection conducted on April 11, 2018 at Plaintiff objects to all the conditional exhibits as irrelevant unless Defendant opens the door into these issues.

Defendant’s Exhibits Ex No. Description of Admissibility Authenticity Authenticity Admitted Exhibit or Stipulated Stipulated/ Disputed 2 Demonstrative Admissibility Disputed 3 JBS/MOPAC, dated 4 May 7, 2018, Gilmurray 5 Deposition Ex. 21 345. TV MDL Final X 6 Report by Mays, dated May 18, 2018 7 (CPF2118823- CPF2118824) 346. Em ail from Ken X Gilmurray to Chris 9 Milam, Michael Bracrella re: 10 Vendor Questionnaire, 11 dated August 19, 2016, Gilmurray 12 Deposition Ex. 6 (CPF2118340- 13 CPF2118347) 347. Em ail from Ken X Gilmurray to Jamie Kratchkowski, cc: Chris Milam re: Ingredient and Supplier Development Form, dated June 9, 2017, Gilmurray Deposition Ex. 7 (JBS0022275- JBS0022289) 20 348. Exp onent Risk X Assessment Memo 21 349. Na tional Research X Council, Mineral Tolerance of Animals, 2d Rev. Ed., 2005 350. FD A Target X Animal Safety Review Memorandum June 15, 2011 (CPF0075130) 351. Dir ective X 27 2002/32/EC of the European Defendant’s Exhibits Ex No. Description of Admissibility Authenticity Authenticity Admitted Exhibit or Stipulated Stipulated/ Disputed 2 Demonstrative Admissibility Disputed 3 Parliament (CPF0000225) 352. Co mmission X Regulation (EC) 5 No. 1881/2006 (CPF0000237) 353. Per iodic Table of X Elements 354. Ap ril 2014 FDA X Total Diet Study - Market Baskets 2006 – 2013 (CPF0000912) 10 355. Jul y 2022 FDA X Total Diet Study with 2018 – 2020 data 12 356. Jul y 2022 FDA X Total Diet Study Supplemental Data 357. Jan uary 5, 2009 X Email from D.

Mick to J. Johnston (CPF1828020) 358. Jul y 25, 2009 Email X 16 from M. Bailey to J. Johnston 17 (CPF0058255) 359. Ma rch 15, 2011 X 18 Email from S.

Brown to J.

19 Johnston (CPF0060142) 20 360. Ma y 19, 2011 X Email from J.

21 Johnston to D.

Mick 22 (CPF1829442) 361. Ap ril 28, 2017 X 23 Email from S.

Brown to G.

24 Hettiarachchi (CPF0171009) 25 362. Ma y 9, 2017 Email X from G.

26 Hettiarachchi to S.

Brown 27 (CPF0190994) Defendant’s Exhibits Ex No. Description of Admissibility Authenticity Authenticity Admitted Exhibit or Stipulated Stipulated/ Disputed 2 Demonstrative Admissibility Disputed 363. Wh ite Paper on X Heavy Metals 4 (CPF2089850) 364. Da ta underlying X 5 White Paper (CPF1252530) 365. 201 7 DogStar X Monthly Testing 7 Schedule (CPF1801450) 366. 201 6 DogStar X Monthly Testing Schedule (CPF1801451) 367. Ell ipse Certificates X of Analysis for Heavy Metals and BPA levels alleged in the Complaint (CALLAN00001– 32) 14 368. FR E 1006 X Composite Exhibit – Eurofins Certificates of Analysis for Heavy Metals Testing on Ingredients from 2014 to 2018 18 369. FR E 1006 X Composite Exhibit – Eurofins Certificates of Analysis for Heavy Metals Testing on Finished Food from 2011 to 2018 22 370. Eur ofins X Laboratory 23 Accreditation (Eurofins001174- 24 1186) 371. FR E 1006 X 25 Composite Exhibit – Silliker 26 Certificates of Analysis for Heavy 27 Metals Testing on Defendant’s Exhibits Ex No. Description of Admissibility Authenticity Authenticity Admitted Exhibit or Stipulated Stipulated/ Disputed 2 Demonstrative Admissibility Disputed 3 Finished Food from 2008 to 2018 372. FR E 1006 X Composite Exhibit 5 – Maxxam Certificates of 6 Analysis for Heavy Metals Testing on 7 Finished Food from 2009 to 2018 373. FR E 1006 X Composite Exhibit 9 – ALS Marshfield Certificates of 10 Analysis with Key ID for Heavy 11 Metals Testing on Competitor Dog 12 Food Samples During Course of 13 Litigation 374. ISU VDL heavy X metals testing on Champion dog food (Table 3 of Pusillo Safety Report) 375. FR E 1006 X Composite Exhibit – Eurofins Certificates of Analysis for Organic Arsenic and Inorganic Arsenic Levels Measured in Champion’s Dog Food During the Course of Litigation – Asked Poppenga 376. RE SERVED 24 377. De emy, M. and X Benjamin, L.

25 (2019): CVM CY15-17 Report on 26 Heavy Metals in Animal Food, 27 United States Food Defendant’s Exhibits Ex No. Description of Admissibility Authenticity Authenticity Admitted Exhibit or Stipulated Stipulated/ Disputed 2 Demonstrative Admissibility Disputed 3 and Drug Administration 378. Ke lly D.G., White, X S.D. and Weir, R.D 5 (2013): Elemental composition of dog 6 foods using nitric acid and simulated 7 gastric digestions.

Food and Chemical 8 Toxicology, 55:568-577.

9 379. Kim , H., Loftus, X J.P., Mann, S. and 10 Wakshlag, J.J. (2018): Evaluation 11 of arsenic, cadmium, lead and 12 mercury contamination in 13 over-the-counter available dry dog 14 foods with different animal ingredients 15 (red meat, poultry, and fish). Frontiers 16 in Veterinary Science, 5:264.

380. Pau lelli, A., X Martins, Jr., A., de Paula, E. et al., (2018): Risk assessment of 22 chemical elements in dry and canned pet foods. Journal of Consumer Protection and Food Safety, 13:359-365.

(No party is required to list any exhibit which is listed by another party, or any exhibit to be used for impeachment only. See LCR 16 for further explanation of numbering of exhibits).

1 DEPOSITION DESIGNATIONS 2 Plaintiff will be designating the deposition transcripts of the following individuals, as identified in the highlighted transcripts (Dkt. 173).

4 1. Arnold, Jason Keith 2018-11-01 (Loeb) 5 2. Arnold, Jason Keith 2018-11-27 (30)(b)(6) 6 3. Brown Tarry, Sarah 2018-12-05 (30)(b)(6) and (30)(b)(1) 7 4. Caswell, Christine 2018-10-24 (Loeb) 8 5. Ellison, Jonathan 2018-12-05 (30)(b)(6) 9 6. Ferrell, Ricky 2018-11-28 10 7. Flowers, Amanda 2018-11-02 (Loeb) 11 8. Flowers, Amanda 2018-11-27 12 9. Flowers, Amanda 2018-11-27 (30)(b)(6) 13 10. Gerow, Bonnie 2018-10-23 (Loeb) 14 11. Gerow, Bonnie 2018-12-05 15 12. Gerow, Bonnie 2018-12-05 (30)(b)(6) 16 13. Hettiarachchi, Gayan 2018-12-06 (30(b)(1) and (30)(b)(6) 17 14. Ogbonna, Chinedu 2018-12-07 (30)(b)(6) 18 15. Ogbonna, Chinedu 2019-02-05 (Loeb) 19 16. Raposo, Richard 2018-10-25 (Loeb) 20 17. Raposo, Richard 2018-12-04 (30)(b)(6) and (30)(b)(1) 21 18. Wagner, Jim 2019-04-03 (30)(b)(6) 22 19. Washington, Julie 2018-12-05 23 Champion states that it does not intend to offer deposition designations at trial, with the exception of those offered solely for rebuttal and/or impeachment should the need arise during trial and counter-designations offered in response to Plaintiff’s deposition designations.

JURY, VOIR DIRE AND OPENING STATEMENTS ] The Parties have agreed to a jury of eight jurors and three peremptory strikes || subject to approval by the Court. Defendant objects to conducting voir dire via Zoom and both || Parties object to conducting opening statements via Zoom. ; ACTION BY THE COURT 6 (a) This case is scheduled for trial before a jury on April 2, 2024, at 9:00 a.m.

3 (b) Trial briefs shall be submitted to the court on or before March 15, 2024.

9 (c) Jury instructions requested by either party shall be submitted to the court on or 10 before March 15, 2024. Suggested questions of either party to be asked of the jury 11 by the court on voir dire shall be submitted to the court on or before March 15, 12 2024.

This order has been approved by the parties. This order shall control the subsequent course of the " action unless modified by a subsequent order. This order shall not be amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.

17 DATED this 25th day of March, 2024.

19 Cf ob Chur 20 OHN H. CHUN UNITED STATES DISTRICT JUDGE || PRETRIAL ORDER Case No. 2:18-CV-01578-TSZ 39