Free Declaration - District Court of Delaware - Delaware

Case 1 :05-cv—00069-GIVIS Document 34 Filed 04/18/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
McNEIL NUT RITIONALS, LLC, )
)
Plaintiff, )
)
v. ) C.A. No. 05-69-GMS
)
THE SUGAR ASSOCLATION, THE )
AMALGAMATED SUGAR COMPANY, )
AMERICAN CRYSTAL SUGAR COMPANY, )
AMERICAN SUGAR CANE LEAGUE, )
AMERICAN SUGAR REFINING, INC., )
ATLANTIC SUGAR ASSOCIATION, )
HAWAIIAN SUGAR & TRANSPORTATION )
COOPERATIVE, IMPERIAL SUGAR )
COMPANY, MICHIGAN SUGAR COMPANY, )
MH\lN-DAK FARMERS COOPERATIVE, )
OKEELANTA CORPORATION, OSCEOLA )
FARMS COMPANY, RIO GRANDE VALLEY )
SUGAR GROWERS, INC., SOUTHERN )
MINNESOTA BEET SUGAR COOPERATIVE, )
SUGAR CANE GROWERS COOPERATIVE OF )
FLORIDA, UNITED STATES SUGAR )
CORPORATION, WESTERN SUGAR )
COOPERATIVE, WYOMING SUGAR LLC, )
AMERICAN SUGARBEET GROWERS )
ASSOCIATION, and QORVIS )
COMI\/IUNICATIONS, LLC, )
)
Defendants. )
DECLARATION OF STEVEN A. ZALESIN A
STEVEN A. ZALESIN, under penalty of perjury, declares as follows:
1. I am a member of Patterson, Belknap, Webb & Tyler LLP and am lead
counsel to plaintiff McNeil Nutritionals, LLC ("McNei1") herein. I submit this declaration in
support of McNeil’s Motion for Enlargement of Briefing Schedule in Order to Permit Discovery
Necessary to Respond to Motion to Dismiss (D.I. 30).

Case 1 :05-cv—00069-GIVIS Document 34 Filed 04/18/2005 Page 2 of 4
2. Attached as Exhibit 1 is a true and correct copy of a press release issued
by defendant Qorvis Communications concerning the "Truth About Splenda" website.
3. Attached as Exhibit 2 is a true and correct copy of the home page for the
"T ruth About Splenda" website as it appeared on April 15, 2005.
4. Attached as Exhibit 3 is a true and correct copy of an excerpt from
defendant The Sugar Association’s website. The pages can be found at
hgp://www.sugar.org/mma/histog.hunl, hgp://www.sugarorg/wwa/board.html, and
hgp://www.sugar.org/wwa/companyhtml, and htjp://www.sugar.org/wwa/staffhtml.
5. Attached as Exhibit 4 is a true and correct copy defendant American
Crystal Sugar Company’s 2004 Annual Report.
6. Attached as Exhibit 5 is a true and correct copy of a page from defendant
United States Sugar Company’s website, which can be found at
htjp://www.ussugar.com/company/agrjbusiness.html.
7. Attached as Exhibit 6 is a true and correct copy of defendant Imperial
Sugar Company’s 2004 Annual Report, including its fiscal year ending 2004 10-K filing with the
Securities and Exchange Commission.
8. Attached as Exhibit 7 is a true and correct copy of Declaration of Andrew
C. Briscoe HI submitted in support of defendants’ motion to dismiss.
9. Attached as Exhibit 8 is a true and correct copy of Plaintiffs First Set of
Requests to Defendant The Sugar Association for the Production of Documents and Things.
2

Case 1 :05-cv—00069-GIVIS Document 34 Filed 04/18/2005 Page 3 of 4
10. Attached as Exhibit 9 is a true and correct copy of Plaintiff" s First Set of
Requests to Defendant American Crystal Sugar Company for tl1e Production of Documents and
Things. Similar requests have been served upon all 15 defendants who contest in personam
jurisdiction.
I hereby declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the
foregoing is true and correct-
Executed at Briarcliff Manor, New York this @_}%`ay ofAp1il, 2005.
Steven A. Zaiesin
2

Case 1 :05-cv—00069-GIVIS Document 34 Filed 04/18/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on the 18th day of April, 2005, the attached DECLARATION OF
STEVEN A. ZALESIN was served upon the below-named counsel of record at the address and
in the manner indicated:
Richard L. Horwitz, Esq. ` HAND DELIVERY
Potter Anderson & Corroon LLP
Hercules Plaza — Sixth Floor
1313 North Market Street
Wilmington, DE 19801
James P. Murphy, Esq. VIA FEDERAL EXPRESS
Squire, Sanders & Dempsey LLP
1201 Pennsylvania Avenue, N.W.
Suite 500
Washington, DC 20004
Adam R. Fox, Esq. VLA FEDERAL EXPRESS
Squire, Sanders & Dempsey LLP
801 South Figueroa Street
Suite 1400
Los Angeles, CA 90017
/s/ John G. Day
John G. Day