Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-00329-WYD-CBS

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Plaintiff's Response to Motion in Limine to Exclude Evidence Concerning Deaths of Alpacas



Exhibit 4

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00001 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 2 Civil Action No. 04-D-0329 (CBS) 3 CACHE LA POUDRE FEEDS, LLC, a Colorado limited liability 4 company, 5 6 v. 7 LAND O' LAKES, INC., a Minnesota corporation; LAND O' LAKES 8 FARMLAND FEED, LLC, a Minnesota limited liability company; 9 AMERICAN PRIDE CO-OP, a Colorado cooperative corporation; Plaintiff

10 POUDRE VALLEY COOPERATIVE ASSOCIATION, INC., a Colorado 11 cooperative corporation; FRANK BEZDICEK, individually, and 12 in his official capacity as Director of Marketing, Land O' 13 Lakes, Inc.; ROBERT DeGREGORIO, individually and in his 14 official capacity as President, Land O' Lakes Farmland Feed, 15 LLC; and As yet unidentified entities and individuals 16 participating in concert with the aforenamed defendants, 17 18 Defendants. Pursuant to Notice and the Federal Rules of Civil

19 Procedure, the deposition of WESTON ANSON, taken by 20 Plaintiff, was held at 8:50 a.m., on Tuesday, August 9, 21 2005, at 2904 Pacific Highway, San Diego, California, before 22 Jason T. Meadors, Registered Professional Reporter and 23 Notary Public for the State of Colorado. 24 25 DEPOSITION OF WESTON ANSON Taken August 9, 2005

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00117 1 must be their intangible assets. 2 Q

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So you've assumed that whatever is left must be

3 their intangibles. 4 A That's how it works, sir. Tangibles plus

5 intangibles equal the total. 6 7 8 Q A Q It has to. Yes, sir. So the value of the company could never be less

9 than the assets that the company owns, correct? 10 11 12 A Q A No. That's incorrect. Incorrect? That's incorrect. If tomorrow one of their

13 chickens kills 50 children in a school because it had 14 ptomaine poisoning, the market capitalization of Gold Kist 15 might fall to 500 million. Their tangible assets would 16 still be worth 885, but their intangible assets would be 17 worth a negative $335 million. And it is possible for 18 intangible assets to have negative value. 19 Q So the instance that you said, one of their

20 things kills 50 children. That -- an instance where their 21 food killed something -- kill people, would very much impact 22 the value of the company. 23 24 A Q Yes. It would very much impact the value of their

25 intangible assets.

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A Q A Q

Yes. Overnight. Uh-huh. What was worth $184 million might be worth a

5 negative $335 million. 6 7 A Q Yes. So there might be -- from that example,

8 overnight, you'd have a loss of $500 million to those 9 intangible assets. 10 A Possible. Obviously, I'm using the example in an

11 exaggerated fashion in order to make the point. 12 Q Can a company be worth less -- well, for it to

13 only have a negative value for an intangible asset, 14 something bad has happened, right? 15 16 A Q In general, that's correct. So do you believe that the Profile mark has a

17 negative value? 18 19 A Q No. Assuming Profile does not have a negative value,

20 the company -- well, I don't -- assuming the total 21 intangible assets don't have a negative value, the company 22 can't be worth less than its assets, correct? 23 A "Worth" is a -- is a term that we have to

24 examine. In a private company, in general, its worth would 25 certainly -- most likely been the value of its tangible

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