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 3

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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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A

In this case, yes, because we have enough

2 historical data; and also don't forget, Mr. Santangelo, no 3 children have been killed. 4 Q If animals were killed, you'd have a different

5 situation on your hands, correct? 6 7 8 A Q MR. TAMKIN: Than children being killed? Than children being killed, very, very much so. (By Mr. Santangelo) You'd have a different

9 situation than what you've opined to, correct? 10 A If you're asking me before April of '02, CLP's

11 feed had been killing animals, the answer is yes, it would 12 have reduced the value of CLP's trademark probably -- in a 13 meaningful way. 14 Q I understand now. You're expressing an opinion

15 as to a corrective advertising campaign as it might have 16 needed to have been undertaken on April 1st of 2002; is that 17 correct? 18 A Well, that's a very good question. Thank you

19 for -- thank you for correcting me. We actually looked at 20 total expenditures for the years '02, '03, '04, and actually 21 calculated those as of June of this year. The date of our 22 report. 23 Q Did I misunderstand or were you accurate when you

24 said -25 A I misspoke earlier when I said as of '02. It's

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