Free Response - District Court of Colorado - Colorado

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

Document 344-8

Filed 05/01/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00329-WYD-CBS CACHE LA POUDRE FEEDS, LLC Plaintiff, v. LAND O' LAKES, INC.; LAND O' LAKES FARMLAND FEED, LLC.; AMERICAN PRIDE CO-OP; POUDRE VALLEY COOPERATIVE ASSOCIATION, INC.; FRANK BEZDICEK; ROBERT DeGREGORIO Defendants. DECLARATION OF ELIZABETH MORTON I, Elizabeth Morton, under penalty of perjury declare as follows: 1. I am over the age of 18 and swear that the statements contained in this

declaration are based on my own personal knowledge and are true to the best of my knowledge, information and belief. I am an associate with the law firm of Dorsey & Whitney LLP and counsel for Defendants in this matter. I submit this declaration in support of Defendants' Response to Plaintiff's Objection to Magistrate's Order of April 13, 2007. 2. Prior to the date that Judge Shaffer issued his Order permitting Defendants to

take the depositions of 3 newly disclosed witnesses, I made efforts to call all of the 20 witnesses that Defendants objected to in the Motion to Strike. Plaintiff did not provide the phone numbers of any of these witnesses in its October 2006 disclosures. Notwithstanding various phone book and Internet searches, I was not able to find phone numbers for the

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

Document 344-8

Filed 05/01/2007

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following witnesses: Lorie Taylor, Rod Johnson, Glen Rask, Kimberly Fortune, Jill Kounovski, Mark Schaneman and Darla Schanemen. I did place telephone calls to the remaining 13 witnesses: Mitch Anderson, Tamme Hodge, John Mosbarger, Wes Hollister, Robby Newkirk, Leanne Strain, Justin Lauridson, Justin Crego, Joaquin Crego, Kaycee Lytle, Bart Stromberger, Alan Stromberger, Mark Overman. 3. Of the 13 people that I called, I was actually able to speak with 4 individuals

who were listed in Plaintiff's disclosures. Those witnesses included Mitch Anderson, Tamme Hodge, Wes Hollister and Joaquin Crego. I left messages with Justin Lauridson, Kaycee Lytle, Bart Stromberger, Alan Stromberger and Mark Overman, but did not receive return phone calls from them. 4. When I spoke with Joaquin Crego, he indicated that he began purchasing

Plaintiff's PROFILE feed in Colorado in the early 1990s. He also alleged that he provided Plaintiff's PROFILE products to people outside of Colorado in the following states: Wyoming, Utah, Nebraska and that he thought some product may have gone to Iowa. He also stated that his younger brother, Justin Crego, who Plaintiff also disclosed, had the same information. No further details or information was provided. 5. When I called the phone number for John Mosbarger, I spoke with his mother.

Ms. Mosbarger indicated that she would have her son call me back, but Mr. Mosbarger did not return the call. 6. I also left a message with Robby Newkirk. Mr. Newkirk's wife, Debbie,

returned my call. She did not have any information other than she and her husband used

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

Document 344-8

Filed 05/01/2007

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Plaintiff's PROFILE product for 10 years, and that they distribute PROFILE products in Wyoming and Montana. 7. After Judge Shaffer issued his April 13 Order, I tried to contact Lea Anne Strain

regarding scheduling her deposition. I left messages for Ms. Strain on April 16, 17 and 18 at the phone number provided by Plaintiff, but did not receive return phone calls. Plaintiff's attorneys provided here cell phone number on April 19. I was able to contact her on her cell phone on that day.

/s Elizabeth Morton Elizabeth Morton

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