Perry v. Perdue Foods LLC et al

Filing 59

STIPULATION AND ORDER re 58 STIPULATION WITH PROPOSED ORDER for Bifurcation of Trial with Respect to Punitive Damages filed by Perdue Foods LLC. Signed by Judge Jon S. Tigar on January 22, 2019. (wsn, COURT STAFF) (Filed on 1/22/2019)

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Michael A. Hood (SBN 71258)
Erin W. Kendrella (SBN 273504)
JACKSON LEWIS P.C.
200 Spectrum Center Drive, Suite 500
Irvine, California 92618
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
PERDUE FOODS LLC

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[Additional Counsel on the Next Page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO.: 3:17-cv-03502-JST
18-cv-02664-JST

BARBARA PERRY,
Plaintiff,

Judge Jon S. Tigar
Courtroom 9 – 19th Floor

vs.

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PERDUE FOODS, LLC and COLEMAN
NATURAL FOODS, LLC,

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Mag. Judge Jacqueline Scott Corley
Courtroom F – 15th Floor
JOINT STIPULATION FOR
BIFURCATION OF TRIAL WITH
RESPECT TO PUNITIVE DAMAGES

Defendants.

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Complaint Filed: June 15, 2017
Trial Date:
June 10, 2019

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3:17-cv-03502-JSC
18-cv-02664-JST

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JOINT STIPULATION FOR BIFURCATION
OF TRIAL WITH RESPECT TO
PUNITIVE DAMAGES

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Hunter Pyle, SBN 191125
Tanya P. Tambling, SBN 262979
HUNTER PYLE LAW
428 Thirteenth Street, 11th Floor
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail],
ttambling@hunterpylelaw..com
Alex G. Tovarian, SBN 264547
LAW OFFICES OF ALEKSEY G. TOVARIAN
50 California Street, Ste. 3325
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
BARBARA PERRY

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JOINT STIPULATION FOR BIFURCATION OF TRIAL WITH RESPECT TO

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PUNITIVE DAMAGES

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It is hereby stipulated and agreed, by and between Defendant PERDUE FOODS

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LLC (“Defendant”) and Plaintiff BARBARA PERRY (“Plaintiff”) (collectively the

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“Parties”), that the Parties jointly stipulate to bifurcating the trial of this matter such that

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punitive damages are tried separately, and, if liability is established, evidence of

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Defendant’s finances and net worth are outlined in the Declaration of Richard Morin,

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Vice President and Controller for Perdue Farms Inc., in lieu of Defendant producing

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confidential and proprietary business records as follows:

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1.

Defendant is a privately held company and produces and distributes organic

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chicken, turkey, and pork products. Defendant is based in Salisbury, Maryland and

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operates as a subsidiary of Perdue Farms Inc.

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2.

Defendant purchased Coleman Natural Foods in 2015 and continues to do

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business as Coleman Natural Foods.

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///
3:17-cv-03502-JSC
18-cv-02664-JST

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JOINT STIPULATION FOR BIFURCATION
OF TRIAL WITH RESPECT TO
PUNITIVE DAMAGES

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3.

Plaintiff prays for punitive damages in her Complaint. The Parties agree and

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stipulate to bifurcating the trial of this matter such that the amount of punitive damages is

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tried separately, if and only if the court or jury determines that the conditions for an

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award of punitive damages are satisfied.

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4.

Grounds for bifurcating the trial are that admission of evidence of

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Defendant’s profits, net worth, financial status or wealth during the liability phase of trial

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would be unfairly prejudicial to Defendant.

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5.

During the liability phase of the trial, no evidence of Defendant’s financial

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condition and net worth shall be admissible. Attorneys for the Parties agree they shall not

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interrogate any witnesses regarding or otherwise introduce any evidence at trial of

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Defendant’s financial condition or net worth, or the magnitude of Defendant’s operations

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for the liability phase of trial only.

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6.

If liability is established for punitive damages, the evidence contained in this

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stipulation and the Declaration of Richard Morin, may be used as evidence of

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Defendant’s financial condition and net worth to support for Plaintiff’s claim for an

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amount of punitive damages.

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Defendant from opposing and defending against Plaintiff’s claim for punitive damages.

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8.
Party.

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RT

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S . Ti ga r

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HUNTER PYLE LAW
LAW OFFICES OF ALEKSEY G. TOVARIAN

S DISTRICT
TE
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TA
DATED: January 18, 2019
By:
DERED
SO OR
IT IS

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

UNIT
ED

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The Parties agree that the Joint Stipulation does not admit liability for either

LI

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The Parties agree that this Joint Stipulation does not limit or waive

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7.

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3:17-cv-03502-JSC
OF
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18-cv-02664-JSTI S T R I C T

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/s/ Tanya P. Tambling
Hunter Pyle, Esq.
Tanya P. Tambling, Esq.
Alex G. Tovarian, Esq.
Attorneys for Plaintiff
BARBARA PERRY

Dated: January 22, 2019
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JOINT STIPULATION FOR BIFURCATION
OF TRIAL WITH RESPECT TO
PUNITIVE DAMAGES

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JACKSON LEWIS P.C.

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DATED: January 18, 2019

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By:

/s/ Erin W. Kendrella
Michael A. Hood, Esq.
Erin W. Kendrella, Esq.

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Attorneys for Defendant
PERDUE FOODS LLC dba Coleman
Natural Foods (erroneously named a
Coleman Natural Foods, LLC)

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:________________________ ____________________________________
Hon. Jon S. Tigar
United States District Judge

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3:17-cv-03502-JSC
18-cv-02664-JST

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JOINT STIPULATION FOR BIFURCATION
OF TRIAL WITH RESPECT TO
PUNITIVE DAMAGES