Free Witness List - District Court of Colorado - Colorado

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0329-WYD-CBS

CACHE LA POUDRE FEEDS, LLC, a Colorado limited liability company, Plaintiff, v. LAND O' LAKES, INC., a Minnesota corporation; LAND O' LAKES FARMLAND FEED, LLC, a Minnesota limited liability company; AMERICAN PRIDE CO-OP, a Colorado cooperative corporation; POUDRE VALLEY COOPERATIVE ASSOCIATION, INC., a Colorado cooperative corporation; FRANK BEZDICEK, individually, and in his official capacity as Director of Marketing, Land O' Lakes, Inc.; ROBERT DEGREGORIO, individually, and in his official capacity as President, Land O' Lakes Farmland Feed, LLC; and As yet unidentified entities and individuals participating in concert with the aforenamed defendants, Defendants.

EXHIBIT A TO FINAL PRE-TRIAL ORDER (PLAINTIFF/COUNTERCLAIM-DEFENDANT'S AMENDED WITNESS LIST) ________________________________________________________________________

Plaintiff/Counterclaim-Defendant Cache La Poudre Feeds, LLC ("Treiber"), by and through its counsel, hereby submits its Amended Witness List pursuant to the Court's Order issued on April 10, 2007:

I.

Plaintiff's "Will Call" Witness List, Nonexperts:

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1.

Ronald Treiber; 1724 N. Overland Trail, Fort Collins, Colorado 80521; (970)

482-5092. Mr. Treiber is expected to testify regarding early and continued trademark use by the Plaintiff, Cache La Poudre Feeds, LLC (hereinafter "CLP"), trademark applications and registrations, trademark infringement by the Defendants, instances of actual trademark confusion, CLP's communications with Defendants, CLP's damages and all other matters necessary to prove the claims of CLP. 2. William Treiber; 1724 N. Overland Trail, Fort Collins, Colorado 80521; (970)

482-5092. Bill Treiber is expected to testify regarding early and continued trademark use by CLP, trademark infringement by the Defendants, instances of actual trademark confusion, CLP's communications with Defendants, and CLP's damages. 3. Sheri Treiber; 1724 N. Overland Trail, Fort Collins, Colorado 80521; (970) 482-

5092. Ms. Treiber is expected to testify regarding early and continued trademark use by CLP, trademark infringement by the Defendants, instances of actual trademark confusion, CLP's communications with Defendants, and CLP's damages. 4. Mary Anne Menoher; 102 W. County Road 68, Fort Collins, Colorado 80524;

(970) 568-7953. Ms. Menoher is a Fort Collins resident who purchased LOL Profile feed at Poudre Valley Coop thinking that it was CLP's Profile feed. She is expected to testify regarding actual trademark confusion. 5. Richard (Dick) Dones; outside feed sales representative for Land O' Lakes

Farmland Feed, LLC; 3355 Holly Street, Erie, Colorado 80516; (303) 833-3118. Mr. Dones is expected to testify concerning the introduction of the Profile mark by Defendants, Defendants' knowledge of CLP's Profile trademark use, likelihood of trademark confusion, actual trademark confusion.

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6.

John Volk; Consumer Agricultural Specialist for Land O' Lakes Farmland Feed,

LLC; 318 Milky Way Drive, Fort Collins, Colorado 80525; (970) 226-3061. Mr. Volk is expected to testify concerning the planning and implementation of use of the Profile trademark by Defendants, Defendants' knowledge of CLP's Profile trademark use; communications by Defendants regarding CLP's Profile trademark use; likelihood of trademark confusion; activities of the Profile Team. 7. Elden Hall; Consumer Agricultural Specialist for Land O' Lakes Farmland Feed,

LLC; 1405 Cedar Circle, Yuma, Colorado. Mr. Hall is expected to testify concerning Defendants' planning and implementation of use of the Profile trademark; likelihood of trademark confusion; Defendants' knowledge of CLP's use of the Profile trademark; communications to Defendants regarding CLP's use of the Profile trademark; activities of the Profile Nutrition Team. 8. Glen Rask ­ retired professor of Animal Science, Colorado State University, Fort

Collins, Colorado, now residing in Otis, Colorado; (970) 630-9080. Mr. Rask is expected to testify concerning CLP's early and continued use of the PROFILE mark and distribution of CLP's PROFILE feed in states other than Colorado [subject to pending ruling on Motion to Strike supplemental disclosures]. 9. Tamme Hodge ­ 30383 Troutdale Scenic Drive, Evergreen, Colorado 80439;

(303) 674-6327. Ms. Hodge is expected to testify regarding actual confusion occurring between the parties' uses of the PROFILE mark. 10. Lea Strain ­ 411 S-5 Road, Morrill, Nebraska 69358 (308) 247-2832. Ms. Strain

may testify regarding lost PROFILE sales by CLP.

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11.

Kimberly Fortune ­ 501 Tyler Road, Webster, New Hampshire 03305; (603) 724-

0231. Ms. Fortune is expected to testify regarding use and market penetration of CLP's PROFILE trademark. 12. Justin Lauridson ­ 33155 E. 152nd Ave., Brighton, Colorado 80601; (303) 659-

5846. Mr. Lauridson is expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 13. John Mosbarger ­ 6265 Road 23, Goodland, Kansas 67735; (785) 899-7194. Mr.

Mosbarger is expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 14. Wes Hollister ­ 38501 WCR 31, Eaton, Colorado 80551; (970) 454-3711. Mr.

Hollister is expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 15. Joaquin Crego ­ 1680 W. County Rd. 60E, Fort Collins, Colorado; (970) 482-

6598. These individuals are expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 16. Robby Newkirk ­ P.O. Box 523, Meeteetse, Wyoming 82433; (307) 868-2334.

Mr. Newkirk is expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 17. Darla Schaneman ­ P.O. Box 488, Windsor, Colorado 80550; (970) 214-4155.

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Ms. Schaneman is expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 18. Mitch Anderson ­ General Manager and CEO of Agland, Inc., 260 Factory Road,

Eaton, CO 80615; (970) 454-4000. Mr. Anderson is expected to testify concerning Defendants' knowledge of CLP's use of the PROFILE trademark, communications between Defendants and Agland, Inc. and Agland-Land O' Lakes, LLC relating to the PROFILE mark, communications that occurred at the LOL 2004 annual meeting, likelihood of trademark confusion, and continued use of the PROFILE mark. 19. Linda Panepinto ­ P.O. Box 105, Masonville, Colorado 80541; (970) 226-4865.

Ms. Panepinto is likely to have information regarding use and market penetration of Treiber's PROFILE feed [subject to pending ruling on Motion to Strike supplemental disclosures].

II.

May Call Witness List, Non-Experts, Testify by Deposition or Videotaped Deposition Steve Brown; Quality Assurance Manager for Land O' Lakes, Inc.; Land O' Mr. Brown is expected to testify concerning

20.

Lakes, Inc., Minneapolis, Minnesota.

complaints, claims, and disputes arising from Defendants' Profile feed; a variety of customer complaints received relative to LOL's Profile-branded feeds, the death of a variety of species consuming such feed; the recall of such feed; any actions taken to address, mitigate, and resolve such matters; and the lawsuits and any settlement thereof filed by alpaca farmers in Ohio; made the statement that information about the alpaca deaths "spread like wildfire."

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21.

Faye Farley; Majestic Meadows Alpacas, Inc., 4195 Abbeyville Road, Medina,

OH 44256; (330) 725-2577. Ms. Farley is expected to testify concerning the sale of tainted alpaca feed by LOLFF under the PROFILE trademark, the deaths and irreversible harm to a large number of their alpacas resulting from consumption of the tainted feed, their perceived impact of these events on the PROFILE trademark not only from the tainted feed, but also as a result of the negative treatment they received from LOL/LOLFF. 22. Peter Janzen; General Counsel and Vice President for Land O' Lakes, Inc.; Land

O' Lakes, Inc., 4001 Lexington Avenue North, Arden Hills, Minneapolis, Minnesota. Mr. Janzen is expected to testify concerning the selection, clearance, and adoption of the Profile trademark; communications with CLP; knowledge of CLP's use of the Profile trademark; advisements and direction from the Law Department regarding availability and use of Profile trademarks; application by LOL to register the mark LAND O' LAKES PROFILE; communications and activities involving or concerning Bioglan, Inc.'s trademark registration for Profile; planning and efforts undertaken by Defendants to obtain Bioglan, Inc.'s trademark registration; sales and profits resulting from the sale of LOL's Profile-branded products; communications to LOLFF's president and management staff advising that LOL change from the Profile mark; communications with Frank Bezdicek regarding the Profile trademark; direction provided to the LOL and individual Defendants to preserve, identify, locate, accumulate, and produce documents and information relating to this lawsuit; failure to put a litigation hold in place; failure to conduct reasonable inquiry in the discovery process; failure to search electronic media for Profile-related information and documents; and trademark licensing activities of LOL.

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He is also expected to testify consistent with the depositions that he gave in this case. 23. Amber Stevens; associate attorney in the Law Department of Land O' Lakes, Inc.; Ms. Stevens is expected to testify

Land O' Lakes, Inc., Minneapolis, Minnesota.

consistent with the deposition which she gave in this matter, and is expected to testify concerning the LOL Law Department practices and procedures; trademark clearance practices and procedures and changes made thereto; Defendants' efforts to obtain rights in the Profile mark; activities on the part of LOL's Law Department relating to the Profile registration of Bioglan, Inc.; LOL's plan to pursue CLP once Bioglan's registration had been acquired; advisements and direction from legal counsel regarding the Profile trademarks; the Law Department's recommendation to Defendants to use the mark Land O' Lakes Profile; trademark infringement; likelihood of confusion. 24. Brenda Goebel; paralegal in the Law Department of Land O' Lakes, Inc.; Land O'

Lakes, Inc., Minneapolis, Minnesota. Ms. Goebel is expected to testify consistent with the deposition which she gave in this matter. She is also expected to testify concerning the practices and procedures of LOL's Law Department; trademark search procedures utilized by the Law Department, changes made to trademark search and reporting procedures in the Law Department; searches conducted of the Profile trademark and the results of those searches; review of the Profile trademark search results by in-house counsel; referral of trademarks to outside counsel for further investigation; referral of Bioglan's Profile trademark to outside counsel for further investigation; planning and efforts undertaken on the part of LOL's Law Department to acquire the Profile trademark registration of Bioglan, Inc. 25. Peter Sawicki ­ outside trademark counsel for Land O' Lakes, Inc.; Westman,

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Champlin & Kelly, Minneapolis, Minnesota.

Mr. Sawicki is expected to testify

consistent with his deposition in this matter. He is also expected to testify concerning trademark searching and clearance efforts conducted by or on behalf of LOL, trademark searching and clearance efforts regarding the Profile trademark; communications with or concerning representatives of Bioglan, Inc. or its successor in interest; interactions and efforts by or on behalf of Defendants regarding Bioglan, Inc.'s trademark registration; planning and efforts by Defendants to acquire Bioglan, Inc.'s Profile trademark registration. 26. Jamie LaRue; former LOL Director of the Consumer Agriculture Business Group

and former Director of Lifestyle Feed and Cooperative Supply Channel; now General Manager of Heritage Trading Company, LLC, 1401 S. Henley Road, St. Louis, Missouri 63144. Home address: 5753 Halifax Bend Court, St. Charles, Missouri, 63304. Mr. LaRue is expected to testify consistent with the depositions which he gave in this matter. He is also expected to testify concerning the selection, adoption, and implementation of use of the Profile trademark; Defendants' early knowledge of CLP's use of the Profile trademark; likelihood of trademark confusion; Defendants' marketing, advertising, and promotional budgets, projections, and expenditures for the Profile mark; Profile sales and profits of the LOL Defendants; advisements from legal counsel regarding the Profile mark; dissemination of information concerning the Profile mark to other management level personnel, officers and directors of the LOL Defendants; conduct on the part of the Defendants in response to notification from CLP of trademark infringement; and efforts to preserve, identify, locate, accumulate, and produce documents and information in this lawsuit.

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27.

Marcy Johnson; former Director of Marketing for Pet & Specialty Feed for Land

O' Lakes Farmland Feed, LLC; 14210 Northwest 74th Street, Parkville, Missouri. Ms. Johnson is expected to testify consistent with the depositions which she gave in this case. She is also expected to testify concerning the selection, adoption, planning, and implementation of use of the Profile trademark by Defendants; Profile Team activities and efforts; Defendants' knowledge of CLP's use of the Profile trademark; likelihood of confusion; Defendants' marketing, advertising, and promotional budgets, projections, and expenditures for the Profile trademark; advisements from legal counsel regarding the Profile mark; dissemination of information to dealers, distributors, and field personnel regarding the Profile mark; availability and use of Profile packaging; Defendants' use of the trademark registration symbol with the Profile mark. 28. Robert (Bob) Bean; former Marketing Coordinator and Pet Product Manager for

Land O'Lakes Farmland Feed, LLC; 1568 Parsons Bend Court, O'Fallon, Missouri; (636) 240-7216. Mr. Bean is expected to testify consistent with the deposition which he gave in this case, and concerning the selection, adoption, planning and implementation of use of the Profile trademark by Defendants; advertising and promotional efforts regarding the Profile mark; advertising and promotional budgets and expenditures regarding the Profile mark; Profile Team activities and efforts; Defendants' knowledge of CLP's use of the Profile trademark; and, the contents of his computer at LOL. 29. Lori Gibler, former Marketing Support Specialist for Land O' Lakes Farmland

Feed, LLC; Kansas City, Missouri. Ms. Gibler is expected to testify consistent with her deposition given in this case, and concerning the planning and implementation of use of the Profile mark by Defendants; Defendants' marketing, advertising, and promotional

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efforts for the Profile mark; Defendants' marketing, advertising, and promotional expenditures for the Profile mark; Defendants' knowledge of CLP's use of the Profile mark. 30. Tony Taylor; Director of Technology Services for Land O' Lakes, Inc., Land O'

Lakes, Inc., Minneapolis, Minnesota. Mr. Taylor is expected to testify consistent with the deposition which he gave in this case, and concerning the internal information systems and document retention/destruction policies of LOL. 31. Mark Chenoweth; Director of Marketing for Land O' Lakes, Inc.; Minneapolis,

Minnesota. Mr. Chenoweth is expected to testify consistent with the deposition which he gave in this case, and concerning the revenues and profits obtained by Defendants from sales of Profile-branded products; Defendants' decision to cease use of and replace the Profile brand name; planning and implementation of Defendants' change from the Profile mark to Lake Country. 32. Brad Schu; Director of Horse and Companion Animal Feed Group, Land O'

Lakes Purina Feed, LLC; 1465 Neffwold, Kirkwood, Missouri 63122. Mr. Schu is expected to testify consistent with the deposition which he gave in this case, and concerning Defendants' decision to cease use of and replace the Profile brand name; planning and implementation of Defendants' change from the Profile mark to Lake Country. 33. David Hoogmoed; Vice President of the Feed Division of Land O' Lakes, Inc.,

Minneapolis, Minnesota. Mr. Hoogemoed is expected to testify consistent with the deposition which he gave in this case, and concerning the management, budgeting, and

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projections for LOL's Profile-branded products; the decision to replace the Profile trademark; the change from use of the Profile mark to the Lake Country mark. 34. Roger Mullen; former Product Manager for Specialty Feeds, Land O' Lakes Mr. Mullen is expected to testify

Farmland Feed, LLC, Minneapolis, Minnesota.

concerning the adoption, planning, and implementation of Defendants' use of the Profile mark, facts surrounding the deaths and harm to animals resulting from consumption of LOLFF's Profile animal feed, LOLFF's efforts to address and mitigate damage resulting from the sale of tainted feed, and Defendants' knowledge of CLP's use of the Profile mark. 35. Paul Siler; Controller for Defendant LOLFF. Mr. Siler is expected to testify

consistent with the deposition which he gave in this case. He is also expected to testify concerning profits of LOL from sale of Profile feeds, and how those profits were determined. Mr. Siler is likely to have information concerning the financial information of LOL and LOLFF and corporate internal procedures information. 36. Frank Bezdicek; former Marketing Communications Manager for the Feed

Division of Land O' Lakes, Inc. Mr. Bezdicek is likely to have information regarding the decision to create an umbrella brand, the selection, clearance, adoption, planning, introduction, use, marketing and promotion of the Profile trademark; Defendants' advice of counsel defense; communications with LOL's Law Department relating to cancellation of Bioglan's trademark registration for the PROFILE mark; communications with inhouse counsel relating to Defendants' purchase of Bioglan, Inc.'s trademark registration for the Profile mark; communications with counsel for Bioglan, Inc., the transaction to purchase Bioglan, Inc.'s trademark registration for the mark Profile; Defendants' use of

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the federal trademark registration symbol in association with the Profile mark. 37. Robert DeGregorio; former President of Land O' Lakes Farmland Feed, LLC.

Mr. DeGregorio is likely to have information regarding the company's directive to consolidate feed products; approval of LOLFF's adoption, use, and continued use of the PROFILE trademark; presentations made to investors and Boards regarding the PROFILE line of feeds, reviews conducted of PROFILE product sales performance; the decision by LOLFF to stop use of the PROFILE trademark; corporate guidelines regarding use of the Land O' Lakes mark; Senior Leadership Team communications relating to the PROFILE trademark; Feed Advisory Board communications relating to the PROFILE trademark. III. 38. May Call Witness List, Nonexperts Richard Lund - an employee of Poudre Valley Coop; Fort Collins, Colorado. Mr.

Lund is expected to testify regarding Defendants' knowledge of CLP's use of the Profile mark and trademark confusion. 39. Eldon Ackerman - Poudre Valley Cooperative Association., 225 NW Frontage

Road, Fort Collins, Colorado 80524. Mr. Ackerman was a member of the Board of Directors for Poudre Valley Coop, Fort Collins, Colorado when LOL made the decision to use the mark PROFILE. Mr. Ackerman is expected to testify concerning CLP's early use of the Profile mark and certain Defendants' knowledge of CLP's use of the Profile mark. 40. David Sparks - outside sales person for Agland, Inc., Eaton, Colorado. Mr.

Sparks is expected to testify concerning CLP's early and continued use of the PROFILE mark, Defendants' introduction of PROFILE products in northern Colorado,

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communications occurring within Agland ­ Land O' Lakes, LLC regarding the PROFILE trademark, likelihood of consumer confusion and actual consumer confusion regarding the parties' uses of the PROFILE mark, and Defendants' late use of the PROFILE mark. 41. Keith E. Alquist II ­ Vice President and Chief Financial Officer for American Mr. Alquist is expected to testify

Pride Cooperative, Inc., Brighton, Colorado.

concerning American Pride Cooperative's sales of Defendants' PROFILE products, and the profits and profit margins obtained by American Pride from the sale of Defendants' PROFILE products. 42. David Swanson ­ Feed Manager for American Pride Cooperative, Inc.; Brighton,

Colorado. Mr. Swanson is expected to testify concerning American Pride's knowledge of CLP's use of the PROFILE mark, introduction of Defendants' PROFILE products, American Pride's initial, continuing, and final sales of Defendants' PROFILE products, American Pride's annual sales of Defendants' PROFILE products. 43. Al Shively ­ former General Manager of American Pride Cooperative, Inc.,

Brighton, Colorado. Mr. Shively is expected to testify concerning American Pride's knowledge of CLP's use of the PROFILE mark, introduction of Defendants' PROFILE products, American Pride's initial sales of Defendants' PROFILE products, and American Pride's annual sales of Defendants' PROFILE products. 44. Les Schnabel ­ Manager of Poudre Valley Co-op, Fort Collins, Colorado. Mr.

Schnabel is expected to testify concerning Poudre Valley Co-op's knowledge of CLP's use of the PROFILE mark, introduction of Defendants' PROFILE products, marketing and promotion of Defendants' PROFILE products, Poudre Valley Co-op's initial, continuing, and final sales of Defendants' PROFILE products, and Poudre Valley Co-

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op's annual sales of Defendants' PROFILE products. 45. Darryl Miracle - Warehouse Manager for Fruita Consumers Co-op, 1650

Highway 6 & 50, Fruita, Colorado 81521. Mr. Miracle is expected to testify concerning Fruita Co-op's sales of CLP's PROFILE products, the introduction of Defendants' PROFILE products, Fruita Co-op's sales of Defendants' PROFILE products, counter sales training conducted by Defendants at Fruita Co-op, communications concerning the existence of two Profile-branded feed product lines in the marketplace, and likelihood of confusion between the parties' uses of the PROFILE mark. 46. Jerry Alstatt - Outside Salesman for Fruita Co-op in Fruita, Colorado. Mr. Alstatt

is expected to testify concerning CLP's use of the Profile mark; Defendants' use of the Profile mark; and likelihood of trademark confusion. 47. Earl Noetzelman - Fruita Coop branch manager, Nucla, Colorado. Mr.

Noetzelman is expected to testify concerning CLP's use of the Profile mark; Defendants' use of the Profile mark; and likelihood of trademark confusion. 48. Terry Davis - Fruita Coop branch manager in Silt, Colorado. Mr. Davis is

expected to testify concerning CLP's use of the Profile mark; Defendants' use of the Profile mark; and likelihood of trademark confusion. 49. Donald DeKruger (De Kruger Brothers Trucking) - 1726 12½ Road, Loma,

Colorado 81524. (970) 260-3491. Mr. DeKruger is expected to testify concerning CLP's use of the Profile mark; Defendants' use of the Profile mark; channels of trade for Profile feed; and likelihood of trademark confusion. 50. Kaydi Homme - (970) 691-0302. Ms. Homme is expected to testify concerning

actual trademark confusion.

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51.

Delbert Harvey - 7093 County Road Z, Quinter, Kansas 67752. Mr. Harvey is

expected to testify concerning likelihood of confusion, actual trademark confusion, harm to animals from consumption of Defendants' Profile feed, the pattern of conduct by the Defendants in dealing with situations in which the Defendants have harmed others, and damage to the good will and reputation associated with Plaintiff's mark. 52. Dr. James Warson, M.D.; Hawaii - (808) 885-5672. Dr. Warson is expected to

testify concerning trademark infringement by the Defendants, efforts to defendants to sell him Profile horse feed, statements to him by Defendants' representatives concerning CLP and LOL Profile, and reverse confusion. 53. Jack and Miriam Donaldson - Alpaca Jack's Suri Farm; 16259 S.R. 224 East,

Findlay, Ohio 45840. The Donaldson's are expected to testify concerning the sale by LOLFF of tainted alpaca feed under the PROFILE trademark, the deaths of their alpacas as a result of consumption of the tainted feed, the perceived impact on the PROFILE trademark as a result not only of the tainted feed, but also as a result of the negative treatment they received from LOL/LOLFF. 54. Jerry & Libby Forstner; Magical Farms Alpacas - 5280 State Route 83, Litchfield,

Ohio 44253. The Forstner's are expected to testify concerning the sale of tainted alpaca feed by LOLFF under the PROFILE trademark, the deaths or irreversible harm to a large number of their alpacas resulting from consumption of the tainted feed, their perceived impact of these events on the PROFILE trademark not only from the tainted feed, but also as a result of the negative treatment they received from LOL/LOLFF. 55. James Witowski and Rebecca Meluch - The Windrushes, Medina, Ohio; (330)

721-1580. Mr. Witowski and Ms. Meluch are expected to testify concerning the sale by

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LOLFF of tainted alpaca feed under the PROFILE trademark, the deaths of their alpacas as a result of consumption of the tainted feed, the perceived impact on the PROFILE trademark as a result not only of the tainted feed, but also as a result of the negative treatment they received from LOL/LOLFF. 56. David E. Anderson, D.V.M., MS - College of Veterinary Medicine, Ohio State Dr. Anderson is

University, 601 Vernon L Tharp Street, Columbus, Ohio 43210.

expected to testify concerning the cause of alpaca deaths occurring in the State of Ohio in March, 2003.

57.

Toni A. Cotton, DVM - Camelid Veterinary Services, 14136 T. R. 108, Findlay,

Ohio 45840. Dr. Cotton is expected to testify concerning the deaths of alpacas in the State of Ohio resulting from consumption of Defendants' Profile feed in March, 2003. 58. Norman Evans, DVM - (270) 832-7921. Dr. Evans is expected to testify

concerning the deaths of alpacas in the State of Ohio resulting from consumption of Defendants' Profile feed in March, 2003. 59. John and Chris Gray - New York; (315) 331-8122 or (585) 943-1859. The Grays

are alpaca owners who also board and transport alpacas. They are expected to testify concerning their awareness of and reaction in the alpaca owner community of the deaths of alpacas in the State of Ohio from consumption of Defendants' Profile feed. 60. Dominique Jara ­ a former product manager for Defendants' PROFILE feed. Ms.

Jara is expected to testify concerning Defendants' selection, adoption, planning, and implementation of use of the PROFILE trademark, Profile Team activities, Defendants' knowledge of CLP's use of the PROFILE trademark, likelihood of confusion for consumers concerning the PROFILE mark, Defendants' marketing, advertising, and

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promotion of the PROFILE trademark, dissemination of information to dealers, distributors, and field personnel regarding PROFILE feed and the PROFILE mark, and PROFILE product packaging. 61. Kevin Conard - Risk Manager for Land O' Lakes, Inc. Mr. Conard is expected to

testify concerning complaints, claims, and disputes arising from Defendants' Profile feed; a variety of customer complaints received relative to LOL's Profile-branded feeds, the death of a variety of species consuming such feed; the recall of such feed; any actions taken to address, mitigate, and resolve such matters; and the lawsuits and any settlement thereof filed by alpaca farmers in Ohio. 62. Gary Hauenstein ­ plant manager for LOLFF's feed manufacturing plant in

Massillon, Ohio. Mr. Hauenstein is expected to testify concerning contaminated Profilebranded feed produced at the Massillon plant which killed more than 100 alpacas; steps taken by Defendants and others to identify the cause of the alpaca deaths; steps taken to identify and correct the cause of the feed contamination; steps taken by Defendants to aid or assist alpaca owners who lost animals as a result of the contaminated feed; Defendants' cooperation in the Food and Drug Administration's investigation of the contaminated alpaca feed incident. 63. Gabor Szekeres ­ trademark counsel for Bioglan, Inc. and its successors in

interest. Mr. Szekeres is expected to testify concerning Bioglan's registration of the PROFILE trademark, Bioglan's abandonment of the PROFILE trademark,

communications with Defendants regarding Bioglan's PROFILE trademark, negotiations with Defendants for the purchase of Bioglan's registration of the PROFILE mark, cancellation of Bioglan's registration of the PROFILE mark, communications with

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Defendants following cancellation of Bioglan's PROFILE registration, actions taken following notice of cancellation of Bioglan's PROFILE registration. 64. Betty McPhee ­ a former product manager for Defendants' PRFOFILE feed. Ms.

McPhee is expected to testify concerning Defendants' selection, adoption, planning, and implementation of use of the PROFILE trademark by Defendants, Profile Team activities, Defendants' knowledge of CLP's use of the PROFILE trademark, likelihood of confusion for consumers concerning the PROFILE mark, Defendants' marketing, advertising, and promotion of the PROFILE trademark, dissemination of information to dealers, distributors, and field personnel regarding the PROFILE mark, and PROFILE product packaging. 65. Tim Potter ­ a former Equine Specialist for Defendants LOLFF involved in the Dr. Potter is expected to testify concerning Defendants'

PROFILE brand project.

adoption, planning, and implementation of use of the PROFILE trademark, Profile Team activities, Defendants' knowledge of CLP's use of the PROFILE trademark, likelihood of confusion for consumers concerning the PROFILE mark, Defendants' marketing, advertising, and promotion of the PROFILE trademark, dissemination of information to dealers, distributors, and field personnel regarding PROFILE feed and the PROFILE mark. 66. Kevin Burgoon ­ a product manager for Defendants' Profile feed, Land O' Lakes Mr. Burgoon is expected to testify

Farmland Feed, LLC, Minneapolis, Minnesota.

concerning Defendants' adoption, planning, and implementation of use of the PROFILE trademark, Defendants' knowledge of CLP's use of the PROFILE trademark, likelihood of confusion for consumers concerning the PROFILE mark, Defendants' marketing,

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advertising, and promotion of the PROFILE trademark, dissemination of information to dealers, distributors, and field personnel regarding PROFILE feed and the PROFILE mark, communications with end use consumers regarding PROFILE feed, and Defendants' continued late use of the PROFILE mark. 67. Casey Eppler - owner and operator of Oasis Market; Cheyenne, Wyoming. Mr.

Eppler is expected to testify concerning CLP's use of the Profile trademark; Defendants' use of the Profile mark; likelihood of trademark confusion; actual trademark confusion incidents. 68. Scott Sawdey - 1844 Weld County Road #38, Berthoud, CO 80513; (970) 535-

4916. He is a former employee of American Pride Co-op (Mead). Mr. Sawdey is expected to testify concerning Defendants' implementation of use of the Profile mark; information creating consumer confusion regarding the Profile trademark; and Defendants' knowledge of CLP's use of the Profile trademark. 69. Dennis Reifschneider - Fax: (970) 225-0091. He is a former regional manager

for Vigortone. He is expected to testify concerning actual confusion and likelihood of confusion between the parties' uses of the Profile mark. 70. Alton Henderson ­ Crown Point, New Mexico; (505) 786-7220. Mr. Henderson

is expected to testify concerning likelihood of confusion and actual confusion between the parties' uses of the PROFILE trademark. 71. Dan Krumwiede ­ formerly of Johnson Krumwiede Roads advertising agency,

123 3rd Street North, Minneapolis, Minnesota 55401. Mr. Krumwiede is expected to testify concerning how LOLFF chose the mark PROFILE in 2001 for use as the umbrella brand for its line of lifestyle feeds.

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72.

Peter Webb ­ President of Peter Webb Public Relations, Inc., Denver, Colorado.

Mr. Webb is expected to testify concerning the efficiency of use of the media as a communication tool, and the mitigation efforts of the media campaign conducted for Plaintiff. 73. Heather Halpape ­ Senior Account Manager, Peter Webb Public Relations, Inc.,

Denver, Colorado. Ms. Halpape is expected to testify concerning the efficiency of use of the media as a communication tool, and the mitigation efforts of the media campaign conducted for Plaintiff. 74. David Shefferd ­ 11447 N. County Rd 15, Fort Collins, Colorado 80524; (970)

568-3226. Mr. Shefferd is expected to testify regarding continued late presence of Defendants' PROFILE trademark in the marketplace. 75. Michael Blackmore ­ 125 S. Howes, Third Floor, Fort Collins, Colorado 80521;

(970) 224-3100. Mr. Blackmore is a legal assistant in the offices of Santangelo Law Offices, P.C. and is expected to testify concerning Defendants' failure to produce documents and things requested by Plaintiff in discovery in this case. 76. Rod Johnson ­ 614 N. Dakota Street, Aberdeen, South Dakota 57401; former

regional sales representative (consumer agricultural specialist) for LOLFF covering at least part of the state of Wyoming. Mr. Johnson is expected to testify concerning Defendants' knowledge of CLP's use of the PROFILE mark, introduction of Defendants' PROFILE products, meetings to introduce Defendants' PROFILE products, and likelihood of consumer confusion between the parties' uses of the PROFILE mark. 77. Patti Bremmer ­ a PROFILE dog food customer of LOLFF operating in Imperial,

Nebraska. Ms. Bremmer is expected to testify regarding dog mortality and reduced

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fecundity of females fed LOL's PROFILE dog foods and Defendants' consumer relations relating to PROFILE product complaints. 78. Kaycee Lytle ­ 8715 NCR 21, Fort Collins, Colorado. Mr. Lytle is expected to

testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 79. Bart Stromberger ­ 73301 322nd Ave., Champion, Nebraska. Mr. Stromberger is

expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 80. Alan Stromberger ­ 29923 Road 385, Iliff, Colorado 80736. Mr. Stromberger is

expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 81. Jill Kounovsky (Ehrmantraut) ­ 6220 Galalia Rd, Longmont, Colorado 80503; Ms.Ehrmantraut is expected to testify regarding use and market

(303) 651-2954.

penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 82. Mark Overman ­ 12370 WCR 78, Eaton, Colorado 80615. Mr. Overman is

expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 83. Mark Schaneman ­ P.O. Box 488, Windsor, Colorado 80550; (970) 214-4155.

Mr. Schaneman is expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 84 Lorrie Taylor ­ 0498 CR 9A, Canon City, Colorado; (719) 275-3121. Ms. Taylor

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is expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 85. Justin Crego ­ 1680 W. County Rd. 60E, Fort Collins, Colorado. Mr. Crego is

expected to testify regarding use and market penetration of CLP's PROFILE trademark [subject to pending ruling on Motion to Strike supplemental disclosures]. 86. Representative of Ag Journal magazine ­ 617 Raton Ave., Suite 4, P.O. Box 500,

La Junta, Colorado 81050; (719) 384-8121. This individual is expected to testify regarding the publication's distribution and circulation during the relevant period of time. 87. Representative of The Fence Post magazine ­ P.O. Box 488, Windsor, Colorado

80550. This individual is expected to testify regarding the publication's distribution and circulation during the relevant period of time. 88. Representative of the North Forty News publication ­ 3101 Kintzley Ct. #F,

LaPorte, Colorado 80535; (970) 221-0213. This individual is expected to testify regarding the publication's distribution and circulation during the relevant period of time. 89. Dr. Kate Jackson; animal nutritionist for Land O' Lakes Farmland Feed, LLC; Phone: (816) 713-5478. 90. Dr. Leo Eldridge; veterinarian employed by Land O' Lakes Farmland Feed, LLC; Phone: (314) 768-4415. 91. Representative of owner of www.tradeexpos.com website ­ this individual is

expected to testify concerning Defendants' late use of the PROFILE trademark. 92. Representative of owner of www.breedersworld.com website ­ this individual is

expected to testify concerning posted discussions regarding both Plaintiff's and Defendants' PROFILE feeds on the website. 93. Representative of owner of www.showfeed.com website ­ this individual is

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expected to testify concerning continued late use in commerce of the PROFILE mark to offer Defendants' products. 94. Representative of owner of www.lahg.net website ­ this individual is expected to

testify concerning continued late use in commerce of the PROFILE mark to offer Defendants' products. 95. Representative of Consumers Oil Company, Inc. ­ this individual is expected to

testify concerning continued late use of the PROFILE mark on its website. 96. Representative of Chilton Co-op ­ 208 E. Grand St., P.O. Box 190, Chilton, WI

53014. This individual is expected to testify concerning late use in commerce of the PROFILE mark to offer Defendants' products on its website. 97. Representative of Cherokee Chamber of Commerce ­ Cherokee, Iowa. This

individual is expected to testify concerning continued late use in commerce of the PROFILE mark to advertise and promote Defendants' products. 98. Representative of Farmers Coop Society, Sioux Center ­ 317 3rd Street NW,

Sioux Center, Iowa 51250. This individual is expected to testify concerning late use in commerce of the PROFILE mark on its website. 99. Representative of NetSource Communications, Inc.; (866) 778-1212. This

individual is expected to testify concerning continued late commercial display of Defendants' PROFILE mark. 100. Andrew Kowence; an employee of the federal Food & Drug Administration ­ is

expected to testify regarding actual confusion over Profile Show Pig Grower.

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101.

Preston Weiler, 10226 South City K, Auburndale, Wisconsin 54412 - is expected

to testify regarding actual confusion over source of Profile feeds. 102. Lara Felix, Oklahoma City, OK, 405-853-4579 ­ is expected to testify regarding

actual confusion over source of horse feed. 103. Ken Sutton, Lazy S Feeds, Cameron, Missouri ­ is expected to testify regarding

actual confusion over Profile pig feed. 104. Alton Henderson, Crown Point, New Mexico, 505-786-7220 ­ is expected to

testify regarding actual confusion over Profile feeds. 105. Kevin Kelly, 806-938-2655 ­ is expected to testify regarding actual confusion

over who is LOL Profile. 106. Jerry Bedwell, Oklahoma, 580-822-4142 ­ is expected to testify regarding actual

confusion over the source of Profile feeds. 107. Tom Seegmiller, 29751 North 3260 East Road, Chenoa Illinois 61726 ­ is

expected to testify regarding actual confusion over the source of Profile show pig ration. 108. Megan Wood, R.T. 1 Box 2030, Coalgate, Oklahoma 74538 ­ is expected to

testify regarding actual confusion over the source of Profile feeds. 109. American Standardbred Adoption Program, Inc., Susan Wellman, S 6039 A

Pedretti land, DeSoto, Wisconsin 54624 ­ is expected to testify regarding actual confusion over the source of Profile feeds. 110. Greg Logterman, E22385 Lange Road, Fairchild, Wisconsin 54741 ­ is expected

to testify regarding actual confusion over the source of Profile feeds. 111. Dawn Pethoud, Rt 1 Box 36, Seiling Oklahoma 73663 ­ is expected to testify

regarding actual confusion over the source of Profile feeds.

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112.

Samantha Buck, P.O. Box 745, Plano TX 78606 ­ is expected to testify regarding

actual confusion over the source of Profile feeds. 113. Mark & Grey Kennedy, Prairie Meadows Herefords, Springfield, Illinois ­ is

expected to testify regarding actual confusion over LOL Profile feeds. 114. Gary, The Meeker Mercantile, Meeker, CO ­ is expected to testify regarding

actual confusion over LOL Profile horse feeds and Profile feeds in general. 115. Ray & Lisa Wulfjen, 817-598-1044 ­ is expected to testify regarding actual

confusion over LOL Intimidator goat feed. 116. Susan Halden, 214-577-1537 ­ is expected to testify regarding actual confusion

over Profile feeds. 117. Jeff Pennington, Fluffybutt Signs, Atchison, Kansas ­ is expected to testify

regarding actual confusion over Profile Logo. 118. Karen Huffman, Showbox Magazine, P.O. Box 1088, Crockett, Texas ­ is

expected to testify regarding actual confusion over who requested an advertisement. 119. Miracle Vogl, Alliance Nutrition, 303-776-1045 ­ is expected to testify regarding

actual confusion over who sold Meat Goat Pellet. 120. Billy Shane Scott, Oklahoma State University, 405-224-4017 ­ is expected to

testify regarding actual confusion over manufacturer of Paylean Pig Premix. 121. Nate Norton, Nebraska ­ 308-962-7979 ­ is expected to testify regarding actual

confusion over Profile feeds. 122. Taylor Ostergaard, Durango, Colorado ­ is expected to testify regarding actual

confusion over Profile pig feed. 123. Bill Bedder, Farmers Croft, Hemingford, Nebraska ­ is expected to testify

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regarding actual confusion over the source of Profile lamb grower. 124. Dan Kleman, 10557 Road M, Ottowa, Ohio 45875 ­ is expected to testify

regarding actual confusion over the source of Profile lamb feed. 125. Gary Smith, 8613 South 500 E, Columbia City, Indiana 46725 ­ is expected to

testify regarding actual confusion over the source of Profile feeds. 126. Toni Toelle, 1939 15th Street, Penrose, Colorado 81240 ­ is expected to testify

regarding actual confusion over Profile pig feed. 127. John Benson, Fort Collins, Colorado, 970-227-8809 ­ is expected to testify

regarding actual confusion over Profile horse feed. 128. Deborah Jorgensen, 514 SW 7th Street, Blanchard, Oklahoma 73010 ­is expected

to testify regarding actual confusion over the source of Profile feeds. 129. Janet Grover, Fort Collins, Colorado ­ is expected to testify regarding actual

confusion over the source of Profile feeds. 130. Darren & Laura Lynd, Triple L Farm, 5027 S. Reid Road, Janesville, Wisconsin

53546 ­ is expected to testify regarding actual confusion over the source of Profile feeds. 131. Greg Kokjan, Box 240, Drummond, OK 73735 ­ is expected to testify regarding

actual confusion over the source of Profile feeds.

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132.

Beth Dungan, P.O. Box 704, Roy, Washington

98580; 253-843-1771 ­ is

expected to testify regarding actual confusion over source of Profile feeds. 133. Kathy Sebranek, P.O. Box 66, Covington, Oklahoma 73730 ­ is expected to

testify regarding actual confusion over the source of Profile feeds. 134. Dave Penney, Union County, Indiana, 812-637-1288 ­ is expected to testify

regarding actual confusion over the source of Profile feeds. 135. Ron Roeder, Kansas - (From LOL Profile Claim Log 2001-2005); customer of

Cropland Coop. Mr. Roeder is expected to testify regarding mortality, bloat, and sick lambs from Profile Show Lamb Grower feed. 136. Rick, an employee of Peabody Coop, Indiana - (From LOL Profile Claim Log This individual is expected to testify regarding feed refusal and poor

2001-2005).

performance from Profile Show Lamb feed. 137. Kim Reinke, Minnesota ­ (From LOL Profile Claim Log 2001-2005); customer of

Caledona Farmers. Ms. Reinke is expected to testify regarding a horse choking and obstruction using Profile Senior feed. 138. Milton Broen, Ohio - (From LOL Profile Claim Log 2001-2005); customer of

AgriMark. Mr. Broen is expected to testify regarding rabbit mortality using Profile rabbit feed. 139. Roy Trinton, Oklahoma - (From LOL Profile Claim Log 2001-2005); customer of

Tooley Tack and Feed. Mr. Trinton is expected to testify regarding excessive fines and feed loss using Profile Active Pellet feed. 140. Robert Miller, Minnesota - (From LOL Profile Claim Log 2001-2005); customer

of Goodrich Coop. Mr. Miller is expected to testify regarding moldy product and dog

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mortality using Profile Performance dog food. 141. Bill Borem, Colorado - (From LOL Profile Claim Log 2001-2005); customer of

Pikes Peak Coop. Mr. Borem is expected to testify regarding a sick horse and colic using Profile Active Pellet feed. 142. Jim Nesbit, Iowa ­ (From LOL Profile Claim Log 2001-2005); customer of

Dunkerton Coop. Mr. Nesbit is expected to testify regarding dog mortality using Profile Savory Chunk dog food. 143. Martin Bremmer, Imperial, Nebraska.- (From LOL Profile Claim Log 2001-

2005); LOLFF customer and owner of Liberty Kennels. Mr. Bremmer is expected to testify regarding dog mortality using Profile dog foods and customer relations by Defendants relating to this claim. 144. Richard Geske, Wisconsin - (From LOL Profile Claim Log 2001-2005); customer

of West Salem Coop. Mr. Geske is expected to testify regarding lamb mortality due to copper toxicity using Profile Show Lamb Grower feed. 145. John Diagre, Minnesota - (From LOL Profile Claim Log 2001-2005); customer of

Fosston. Mr. Diagre is expected to testify regarding rabbit mortality using Profile Rabbit Ration Supreme feed. 146. David Wallace, Louisiana ­ (From LOL Profile Claim Log 2001-2005); customer

of A&S Feed. Mr. Wallace is expected to testify regarding quail mortality due to moldy feed using Profile Quail Flight Developer. 147. Larry Sorell, Kansas - (From LOL Profile Claim Log 2001-2005); customer of

Delphos Coop. Mr. Sorell is expected to testify regarding dog mortality and moldy dog food using Profile Active dog food.

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148.

Albert Huwe, Minnesota ­ (From LOL Profile Claim Log 2001-2005); customer

of Leaf River Ag. Mr. Huwe is expected to testify regarding chicken mortality due to high salt content using Profile Laymaker 18 product. 149. Kathy Lausten, Minnesota - (From LOL Profile Claim Log 2001-2005); customer

of Leaf River Ag. Ms. Lausten is expected to testify regarding chicken mortality due to high salt content using Profile Laymaker 18 product. 150. Donna Wibright, Mississippi - (From LOL Profile Claim Log 2001-2005); Ms. Wibright is expected to testify regarding rabbit

customer of Pike Co. Coop.

mortality using Profile Rabbit Ration product. 151. Larry Loos, Wisconsin - (From LOL Profile Claim Log 2001-2005); customer of

Greenville Coop. Mr. Loos is expected to testify regarding pig mortality using Profile product. 152. Kevin Stoer, Wisconsin - (From LOL Profile Claim Log 2001-2005); customer of

Valders Coop. Mr. Stoer is expected to testify regarding alpaca mortality and tag error using Profile Alpaca Supplement.

153.

Cindy Bass, Gulfport, Mississippi - (From LOL Profile Claim Log 2001-2005).

Ms. Bass is a Profile feed customer who is expected to testify regarding dog mortality and mites in food using Profile Adult dog food. 154. Judy Ross, Ohio - (From LOL Profile Claim Log 2001-2005); Midland Coop.

Ms. Ross is expected to testify regarding poor intake and excessive fines using Profile Dr. Evans Llama Diet. 155. Crews Farms, Illinois - (From LOL Profile Claim Log 2001-2005); customer of

Southern FS. This LOL customer is expected to testify regarding sheep mortality and

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kidney stones using Profile Show Lamb Grower/Finisher. 156. Robert Hobbs, Oklahoma ­ (From LOL Profile Claim Log 2001-2005); customer

of Farmers Coop. Mr. Hobbs is expected to testify regarding cattle mortality and moldy feed using Profile Show Calf Finisher product. 157. Bill Knapp, Ohio - (From LOL Profile Claim Log 2001-2005); customer of

Marietta. Mr. Knapp is expected to testify regarding llamas experiencing ulcers using Profile Dr. Evans Llama feed. 158. Veralyn Harelson, Lebanon, Oregon 97355. Ms. Harelson is expected to testify

regarding rabbit mortality and illness using Profile Rabbit Ration. 159. Aaron, Iowa - (From LOL Profile Claim Log 2001-2005); customer of Hull This individual is expected to testify regarding abortions, poor

Cooperative.

performance, and FM using Profile Performance dog food. 160. Dr. Randy Pribbernow, Wisconsin - (From LOL Profile Claim Log 2001-2005);

customer of West Salem Coop. Dr. Probbernow is expected to testify regarding sheep mortality and copper toxicity occurring using Profile Show Lamb Grower product. 161. Valders Cooperative, Wisconsin - (From LOL Profile Claim Log 2001-2005);

distributor. This individual is expected to testify regarding sheep mortality and copper toxicity using Profile Show Lamb Grower product. 162. Jeff Rasawlke, Ohio - (From LOL Profile Claim Log 2001-2005); customer of

Auglaize Provico. Mr. Rasawlke is expected to testify regarding rabbit mortality using Profile Rabbit Ration. 163. K. C. Gregg, Minnesota - (From LOL Profile Claim Log 2001-2005); customer of

New Vision Alliance. This individual is expected to testify regarding sheep mortality and

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copper toxicity using Profile Show Lamb product. 164. Debbie Rogers, Louisiana - (From LOL Profile Claim Log 2001-2005); customer

of Farmers Supply Coop. Ms.Rogers is expected to testify regarding rickets occurring in poultry using Profile Turkey & Quail Starter product. 165. Chris Baldwin, Wisconsin - (From LOL Profile Claim Log 2001-2005); customer.

Mr. Baldwin is expected to testify regarding horse mortality and choking using Profile Senior feed. 166. Margaret Summeral, Mississippi - (From LOL Profile Claim Log 2001-2005);

customer of Farm Depot. Ms. Summeral is expected to testify regarding horse mortality and colic using Profile Active 14 feed product. 167. Bobby Miller, Mississippi ­ (From LOL Profile Claim Log 2001-2005); customer

of Jeff Davis Coop. Mr. Miller is expected to testify regarding chicken mortality using Profile Chick Starter product. 168. Paul Stephens, Mississippi - (From LOL Profile Claim Log 2001-2005); customer

of Farm Depot. Mr. Stephens is expected to testify regarding Quail chick mortality using Profile Turkey/Quail Starter. 169. Matt Herold, Iowa - (From LOL Profile Claim Log 2001-2005); customer of

Farmers Coop. Mr. Herold is expected to testify regarding label error and feather loss using Profile Multi-Purpose Poultry Supplement. 170. Loren Wenzel, 3209 120th Street, Belmond, Iowa 50421 - (From LOL Profile

Claim Log 2001-2005); customer of FCC Coop. Mr. Wenzel is expected to testify regarding lambs sorting pellets and overall poor feed quality using Profile Show Lamb Grower.

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171.

L. Wenzil, Iowa - (From LOL Profile Claim Log 2001-2005); customer of 5 Star.

This individual is expected to testify regarding lambs sorting pellets using Profile Show Lamb Grower. 172. Steve Sell, Iowa - (From LOL Profile Claim Log 2001-2005). Mr. Sell is

expected to testify regarding product viability and sorting involving Profile Show Lamb Grower. 173. Black Fox Ranch, Texas - (From LOL Profile Claim Log 2001-2005). This LOL

Profile customer is expected to testify regarding horse mortality using Profile Mare&Foal/MaxiCare NT. 174. Roger Davidson, Oklahoma - (From LOL Profile Claim Log 2001-2005);

customer of Farmers Coop. Mr. Davidson is expected to testify regarding horse colic while using Profile Active feed. 175. Shane Gilkey, Ohio - (From LOL Profile Claim Log 2001-2005); customer of

Athens Landmark. Mr. Gilkey is expected to testify regarding horse mortality while using Profile Maintain 14 product. 176. Brent Hatton, Mississippi - (From LOL Profile Claim Log 2001-2005); customer

of Costal Farm Supply. Mr. Hatton is expected to testify regarding mortality of 200 quail and FM in feed using Profile Turkey/Quail Starter. 177. Susie Herrick, 1840 280th Street, Spencer, Iowa - (From LOL Profile Claim Log

2001-2005); customer of Great Lakes Cooperative. Ms. Herrick is expected to testify regarding a horse choking using Profile Senior Horse. 178. Nancy McCardel, Mississippi - (From LOL Profile Claim Log 2001-2005);

customer of Copiah County Coop. Ms. McCardel is expected to testify regarding lamb

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mortality and thiamine deficiency using Profile Show Lamb Grower. 179. Justin Sutton, Oklahoma - (From LOL Profile Claim Log 2001-2005); Southern

Protein. Mr. Sutton is expected to testify regarding sheep mortality and copper concerns using Profile Show Lamb Grower. 180. Larae Bolin, Oklahoma - (From LOL Profile Claim Log 2001-2005); Southern

Protein. Ms. Bolin is expected to testify regarding sheep mortality and copper concerns using Profile Show Lamb Grower. 181. Dunlap Hatchery, Caldwell, Idaho. This LOL customer is expected to testify

regarding birds refusing to eat feed product ID 50300-306 PR Chick Starter CR AMP from Twin Falls manufacturing plant. 182. Pam Peters, Shakopee, Minnesota - customer of Belle Plain Coop. Ms. Peters is

expected to testify regarding a history of feed problems and palatability problems with Profile Senior Horse feed. 183. Brenda Gotulla, 105 Garfield Avenue, Farnhamville, IA 50538 - customer of

Farmers Cooperative Company. Ms. Gotulla is expected to testify regarding consistency of product ID 1312600-506, Profile Show Lamb Grower DX from the Wilmar manufacturing plant. 184. Lee Roads, 79055 Highway 40, Covington, Louisiana. Mr. Roads is expected to

testify regarding moldy bags, product ID 1980600, PR Pleasure 12P, from the Lumberton mfg plant; regarding poor quality in feed product ID 1981100 PR Active Horse Textured from Lumberton mfg plant; and regarding poor quality in feed product ID 1980800-206 PR Maintain 12T from Lumberton mfg plant. 185. Representative of Crider Dairy Inc., P.O. Box 16, Saragosa TX 79780. This

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LOL customer is expected to testify regarding horse feed that was dry, smelly, and had weevils in feed product ID 1980000-206, Profile Active Horse Feed from Artesia mfg plant; regarding moldy horse feed in product ID 1980000-206 Profile Active Horse Feed from Artesia mfg plant; and concerns that Purina Mills was the manufacturer. 186. Jerry Warmka, 7280 State Road 60, Hartfort, WI 53027; customer of United

Cooperative. Mr. Warmka is expected to testify regarding dissatisfaction with feed product ID 1980200-206 Profile Complete from Columbus mfg plant. 187. Maria Rooney, Silverton, Oregon; customer of Wilco Silverton. Ms. Rooney is

expected to testify regarding excessive fines in feed product ID 1312550-206 Profile Showlamb Starter from Rivergate mfg plant. 188. Bubba Cameron, 1003 Frontage Road, Aliceville AL 35442; customer of Tri-

County Coop. Mr. Cameron is expected to testify regarding poor quality feed product in feed product ID 1142400 PR Quail Breeder from Macon mfg plant. 189. Bill Rief, Mishicot, WI 54228; customer of County Horizons Coop. Mr. Rief is

expected to testify regarding feed product that was heating for feed product ID 1312350506 Profile Showcalf Grower B30 from the Little Chute mfg plant. 190. Tom Jackson, Princeton, Minnesota; customer of Federated Coop. Mr. Jackson is

expected to testify regarding excessive fines in feed product ID 1980200-206 Profile Complete from Inver Grove Heights mfg plant. The following persons or organizations are expected to testify concerning substantial losses suffered due to the death or injury of alpacas and crias in the State of Ohio from consumption of Defendants' PROFILE feed, the effects these incidents have had in the marketplace, and consumer relations on the part of Defendants relating to these incidents.

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Contact information for these people is already known to Defendants.

191. 192. 193. 194. 195. 196. 197. 198. 199. 200. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212.

Representative of Allegheny Alpacas Representative of Along the Lake Alpacas Representative of Alpaca Connection Representative of Alpaca Sunrise Farm Representative of Alpacas of America Representative of Amy J's Homestead Alpacas Representative of Andean Silver Investments Representative of Angel Hair Alpacas Representative of Cadvars, Ltd Representative of Carmelia Osborne/James Bell Representative of Castellanos Farm Representative of Cria Barn at Cranberry Creek Representative of Dewitt Farm Representative of Golden Prairies Alpacas Representative of Good News Llama Representative of Grand Lake Alpacas Representative of Heart of Dixie Farm Representative of Hearts Desire Farm LLC Representative of Hocking Valley Alpacas Representative of J & S Farm Representative of JK Alpacas Representative of Karoby Farms, Inc.

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213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. 227. 228. 229. 230. 231. 232. 233. 234. 235.

Representative of Kentucky River Alpacas Representative of Kevin Stoer Alpaca Representative of Leraso Farm Alpacas Representative of Majestic Meadows Representative of Maple Lane Farm Representative of Margeryray Alpaca Farm Representative of Meadowgate Farm Alpacas Representative of Merlins Alpacas Representative of Moonlight Meadows Farm Representative of Noble Farms Representative of Osborn Farm Representative of Parkview Alpacas Representative of Pine Ridge Alpacas Representative of Promise Land Representative of Rios Avanyus Ranch Representative of Rose Hill Farm Representative of Royal River Alpaca Farm Representative of Seven Pines Farms, LLC Representative of Snugglers Meadow Representative of Stargazer Farm Suri Alpacas Representative of Suri Alpaca Company of America Ltd Representative of Sweetpea Suri Alpaca Farm Representative of Top Knot Alpaca Farm

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236. 237. 238. IV. 1.

Representative of Western Reserve Alpaca Farm Representative of Wille of the Valley Representative of Willow Ridge Farm Expert Witnesses, Will Call. Cate Elsten, ICBM Ocean Tomo, San Francisco, CA.

Ms. Elsten is a certified management accountant, and will opine as to the following, consistent with her expert report, and with the deposition which she gave in this case: a. CLP may be entitled to an accounting of the profits unfairly gained by LOL from its use of the Profile name. LOL's financial records and

testimony from LOL personnel indicate LOL sold and/or may be reasonably estimated to have sold at least $81,065,383 in animal feed under the Profile name, generating $30,483,999 in income over ingredient cost. Financial records produced by LOL to date are insufficient to

analyze further cost deductions or to calculate them to a reasonable degree of certainty. b. A reasonable royalty based on construction of a hypothetical negotiation between the parties in suit would be approximately 7% of sales. Application of this rate to LOL's actual and reasonably estimated sales through March 2005 would indicate total royalties of $5,674,577. c. CLP may be reasonably estimated to have lost profits of at least $176,728 from 2002 (the year of LOL's official Profile launch) through 2004. As LOL's accused product has continued in the market past that date, CLP's losses may reasonably be anticipated to continue, but losses for 2005

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cannot be calculated at this time [June, 2005]. d. CLP may be entitled to compensation for actual and anticipated spending to remediate the misimpression and/or connsfusion caused by LOL's use of the Profile name and restore the value of CLP's Profile mark. CLP's actual spending to date for such efforts through the end of 2004 was $13,292. CLP's prospective spending may be informed by LOL's own spending in prom,iting the accused product. The out-of-pocket portion of such advertising and promotional spending reported by LOL through October 2004 was $2,797,953. The total costs of LOL's promotion of products bearing the accused mark cannot be determined based on LOL's current production, but may be estimated if no further detail from LOL is forthcoming. 2. Carr Conway, The Dickerson Group, Inc., 215 Union Blvd., Suite 315,

Lakewood, CO. 80228, 303-864-9900. Mr. Carr is a certified public accountant, and certified fraud examiner. He is expected to testify consistent with his report dated June 6, 2005, and with the deposition which he gave in this matter. He will opine as to the following: a. Because the use of the trademark "Profile" by LOL appears to have been a key factor to success and started at the earliest in late 2001, there should have been disclosure about its use in the Form S-4 filed on or about March 18, 2002 by LOL. That disclosure should have included a full discussion of how LOL intended to use that trademark, including disclosure of any impediments to full and unfettered use of the mark. The disclosure should

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have included an appropriate discussion of any known use of a similar trademark by other parties, or, absent a thorough search before starting use of the trademark, the implications of less than a thorough search. b. There should have been much more extensive discussion of the trademark "Profile in the Form 10-K for LOL Feed filed on or about March 18, 2002. The disclosure should have discussed in detail the ongoing dispute about ownership of the trademark. There should have been disclosures in the Business section, as well as Legal Proceedings and MD&A. c. There should have been a more extensive discussion of the trademark "Profile" in the Form 10-K for 2003 filed by LOL Feed. The discussion should have been expanded to address the dispute about the trademark and effects, and possible effects, on LOL's operations. d. Subject to further development of all facts, the disclosures and lack of information referenced above could mislead the general public and could appea