UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
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1 Volume Pages 0 - UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Before The Honorable Vince Chhabria, Judge EDWARD HARDEMAN, Plaintiff, VS. MONSANTO COMPANY, Defendant. NO. C -00 VC San Francisco, California Wednesday, March, 0 TRANSCRIPT OF PROCEEDINGS APPEARANCES: For Plaintiff: ANDRUS WAGSTAFF PC W. Alaska Drive Lakewood, Colorado 0 BY: AIMEE H. WAGSTAFF, ATTORNEY AT LAW DAVID J. WOOL, ATTORNEY AT LAW BY: MOORE LAW GROUP South th Street Louisville, Kentucky 00 JENNIFER MOORE, ATTORNEY AT LAW (APPEARANCES CONTINUED ON FOLLOWING PAGE REPORTED BY: Marla F. Knox, RPR, CRR Jo Ann Bryce, CSR No., RMR, CRR, FCRR Official Reporters
2 APPEARANCES : For Defendant : (CONTINUED 0 0 BY: WILKINSON WALSH ESKOVITZ LLP 00 M Street, NW - 0th Floor Washington, D.C. 00 BRIAN L. STEKLOFF, ATTORNEY AT LAW RAKESH N. KILARU, ATTORNEY AT LAW TAMARRA MATTHEWS JOHNSON, ATTORNEY AT LAW JULIE RUBENSTEIN, ATTORNEY AT LAW CALI COPE-KASTEN, ATTORNEY AT LAW
3 I N D E X Wednesday, March, 0 - Volume PAGE VOL. Verdict 0 0 0
4 VERDICT Wednesday - March, 0 P R O C E E D I N G S : p.m. (Proceedings were heard out of presence of the jury: THE COURT: reached a verdict. Okay. I have been told the jury has You can go ahead and bring them in. (Proceedings were heard in the presence of the jury: THE COURT: Okay. Welcome back. 0 It looks like, the presiding juror; is that right? you have continued to be THE COURT: is that correct? THE COURT: I understand you have reached a verdict; We have. Why don't you hand that to Kristen. (Pause in proceedings VERDICT THE COURT: Thank you. Okay. I'm going to read the 0 verdict. Question : Did Mr. Hardeman prove by a preponderance of the evidence his claim that Roundup's design was defective? Question : Did Mr. Hardeman prove by a preponderance of the evidence his claim that Roundup lacks sufficient warnings of the risk of NHL?
5 VERDICT Question : Did Mr. Hardeman prove by a preponderance of the evidence his claim that Monsanto was negligent by not using reasonable care to warn about Roundup's NHL risk? Question : What are Mr. Hardeman's compensatory damages? Past economic loss, $00,.0. Past non-economic loss, $,0,. Future economic loss, $ million. Did I read that right? 0 (No audible response. THE COURT: Okay. Question : Did Mr. Hardeman prove by clear and convincing evidence that he is entitled to punitive damages? Question : If you answered "yes" to the previous question, what amount do you award Mr. Hardeman in punitive damages? $ million. Would anybody like the jury polled? 0 MR. STEKLOFF: Yes, Your Honor. THE COURT: Okay. As we did last time, I will ask each one of you if that accurately reflects your unanimous verdict that you reached. Juror Number,, does that accurately reflect the verdict that you reached?
6 VERDICT Yes, it does. I would like that 0 second number read off again because I wasn't sure if that was read off correctly. THE COURT: Certainly. The past non-economic loss of million -- THE COURT: $,0,. : $ million - THE COURT: $,0,. That's correct? : That's correct. Thank you. THE COURT: The remainder of it was correct? THE COURT: Okay. Juror Number,, is that an accurate description of the jury's unanimous verdict? THE COURT: Juror Number, accurate description of your verdict?, is that an THE COURT : Thank you. 0 And Juror Number, reflection of your verdict? Yes, it is. is that an accurate THE COURT: And, Juror Number, is that an accurate description of your verdict?
7 PROCEEDINGS THE COURT: Okay. And Juror Number, is that an accurate description of your verdict? THE COURT: Thank you very much. I will hand the verdict form down to Kristen. And, ladies and gentlemen of the jury, you have now completed your service. Thank you very much for all the 0 incredibly hard work you put into this over these past five weeks. It is obvious that you have been very attentive. You have taken your job very seriously, and on behalf of all the parties and everybody who is here watching this trial and on behalf of the community and the public, I thank you very much for that. Now, you have been hearing an instruction from me over and over and over again throughout the trial which is you are not allowed to do any research. You are not allowed to talk to anybody about the trial. You are not allowed to expose yourself to any media reports. now lifted. Those restrictions on you are 0 wish. You are free to talk to anybody about the case if you You are also perfectly free not to talk to anybody about the case if you wish. And if anybody is really sort of after you to talk to you about the case, and you really prefer not to talk about the case; and you are having problems keeping someone off your
8 PROCEEDINGS back, you contact us right away and I can assure you that we will intervene. But with that, I would love the opportunity to invite you back to my chambers. First you will go back to the jury room. Kristen will spend a little time with you getting your badges and everything. After that, I would love to invite you back to my chambers and answer any questions you have about the process. We always have some questions for you about how we 0 can make the process better for jurors. appreciate that. We would very much With that, you are free to head back to the jury room. Thank you. (Proceedings were heard out of presence of the jury: THE COURT: Okay. Thank you. I assume that there will be some post-trial motions coming and all of that. I will also want to have a conference call with all of you -- kind of a case management conference -- about next steps. I sort of 0 alluded to it earlier when I was speaking with the Plaintiff's lawyer for the next trial. Kristen will reach out to you in the next week or so - she will reach out to you to schedule a conference in the next week or so. Thank you. But until then, enjoy and I will talk to you soon. MS. MOORE: Thank you, Your Honor. (Proceedings adjourned at : p.m.
9 CERTIFICATE OF REPORTERS I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. DATE: Wednesday, March, Jo Ann Bryce, CSR No., RMR, CRR, U.S. Court Reporter Marla F. Knox, RPR, CRR U.S. Court Reporter FCRR
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