Watson et al v. Dillon Companies, Inc. et al

Filing 756

ORDER Compelling Production of Documents and Related Items by Cantox Health Sciences International and Earle Nestmann, Ph.D. by 08/15/12 by Chief Judge Wiley Y. Daniel on 08/03/12. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 08-cv-00091-WYD-CBS
WAYNE WATSON and
MARY WATSON,
Plaintiffs,
v.
DILLON COMPANIES, INC., d/b/a/ KING SOOPERS, also d/b/a INTER-AMERICAN
PRODUCTS, INC., et al.,
Defendants.

ORDER COMPELLING PRODUCTION OF DOCUMENTS AND RELATED ITEMS BY
CANTOX HEALTH SCIENCES INTERNATIONAL AND EARLE NESTMANN, Ph.D.
NOW BEFORE THE COURT is Plaintiffs= Motion to Preclude the Testimony of
Defense Expert Earle Nestmann, Ph.D. For Failure to Produce Requested Documents
And For Lack of Discovery of His Opinions Or In the Alternative For Specific Relief
Including Limited Discovery. Having reviewed the pleadings and heard argument the
Court finds that discovery is warranted and should be compelled. The Court finds that
Cantox Health Sciences International (“Cantox”) and Earle Nestmann have placed
themselves within the jurisdiction of this Court by their actions and are subject to an Order
by this Court compelling discovery. The Court further finds that Cantox Health Sciences
International and Earle Nestmann, Ph.D. may possess documents and related items
which are discoverable in this action. It is hereby
ORDERED that Cantox Health Sciences International and Earle Nestmann, Ph.D.
shall, by August 15, 2012, produce to counsel for Plaintiffs Humphrey, Farrington &

McClain, P.C., the following documents and related items:
1.

All flavoring industry documents upon which Nestmann relies upon to
support his opinions in this case.

2.

All records concerning the work of Cantox or Nestmann for ConAgra Foods,
Inc. or a representative, agent or consultant for ConAgra Foods, Inc. which
concerned in any way microwave popcorn, butter flavoring or diacetyl
and/or persons who worked at ConAgra microwave popcorn plants. This
specifically calls for the full file on such projects including reports, power
points, contracts, correspondence, records reviewed and all other
supporting documentation.

It is further
ORDERED that all records which would otherwise meet this Order which have
been returned to ConAgra Foods or its counsel should be immediately obtained for
production pursuant to this Order. It is further
ORDERED that Earle Nestmann, Ph.D. is to be deposed prior to the start of trial.
Dated: August 3, 2012.
BY THE COURT:

s/ Wiley Y. Daniel
WILEY Y. DANIEL,
CHIEF UNITED STATES DISTRICT JUDGE