Earthgrains Baking Companies v. Sycamore et al

Filing 434

MEMORANDUM DECISION AND ORDER Ruling on Comments and Objections to Court's Proposed Final Jury Instructions and Special Verdict Form, 406 Objections by United States Bakery, 408 Supplemental Objections by United States Bakery, and 410 Objections by Bimbo Bakeries USA. Signed by Judge David Nuffer on October 4, 2017. (Attachments: # 1 Exhibit Final Jury Instructions with Revisions, # 2 Exhibit Special Verdict Form with Revisions) (mjt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
BIMBO BAKERIES USA, INC.,

SPECIAL VERDICT

Plaintiff,

Case No. 2:13-cv-00749-DN-DBP

v.
District Judge David Nuffer
LELAND SYCAMORE , TYLER
SYCAMORE, WILD GRAINS BAKERY,
LLC, AND and UNITED STATES BAKERY,
Defendants.

MEMBERS OF THE JURY:
When filling out this Special Verdict form, please follow the directions provided throughout the
form. Read the questions and directions carefully. They explain the sequence in which the
questions should be answered.
Your answer to each question must be unanimous.
Except where indicated, your findings are by a preponderance of the evidence.
Some of the questions contain legal terms that are defined and explained in the Jury Instructions.
Please refer to the Jury Instructions if you are unsure about the meaning or usage of any legal
term that appears in the questions.

FALSE ADVERTISING
1. Has US Bakery engaged in false advertising by using the words “Fresh. Local.
Quality” or by using the words “Freshly Baked in Utah” in connection with the
advertising or promotion of its products?
Answer “Yes” or “No” ___________
If your answer is “Yes,” then go to Questions No. 2 and 3. If your answer is “No,” then
continue to the questions under “Trade Secret Misappropriation.”

2. If you answered “Yes” to Question No. 1, what amount of actual damages did
Bimbo Bakeries suffer actual damages as a result of the false advertising?
Amount ________________

3. If you answered ‘Yes” to Question No. 1, do you find that US Bakery’s false
advertising was willful?
Answer “Yes” or “No” ___________
If your answered “No” to Question No. 2 and to Question No. 3, then continue to the
questions under “Trade Secret Misappropriation.” If you answered “Yes” to either
Question No. 2 or Question No. 3, then go to Question No. 4.
4. If you answered “Yes” to either Question No. 2 or Question No. 3, what amount of
profits did US Bakery receive as a result of its false advertising?
Amount ________________

Continue on to answer the questions under Trade Secret Misappropriation.

TRADE SECRET MISAPPROPRIATION
1. Does Bimbo Bakeries have a protectable trade secret?
Answer “Yes” or “No” ___________
If your answer is “Yes,” then go to Question 2. If you answered “No,” go to the
Certification at the end of this form and have the foreperson sign and date this form.
2. Have the defendants misappropriated a trade secret of Bimbo Bakeries?
Answer as to each of the defendants:
UNITED STATES BAKERY
Answer “Yes” or “No” ___________
LELAND SYCAMORE
Answer “Yes” or “No” ___________

2

TYLER SYCAMORE
Answer “Yes” or “No” ___________
WILD GRAINS BAKERY, LLC
Answer “Yes” or “No” ___________
If your answer is “Yes” for any defendant, then go to Questions Nos. 3 and 4. If you
answered “No” for all defendants, go to the Certification at the end of this form and have
the foreperson sign and date this form.
3. For each defendant to which you answered “Yes” in Question No. 2, what amount of
damages do you award?
Answer as to each of the defendants:
UNITED STATES BAKERY
Amount ________________
LELAND SYCAMORE
Amount ________________
TYLER SYCAMORE
Amount ________________
WILD GRAINS BAKERY, LLC
Amount ________________
4. For each defendant to which you answered “Yes” in Question No. 2, do you find by
clear and convincing evidence that the trade secret misappropriation was willful and
malicious?
Answer as to each of the defendants:
UNITED STATES BAKERY
Answer “Yes” or “No” ___________
LELAND SYCAMORE
Answer “Yes” or “No” ___________

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TYLER SYCAMORE
Answer “Yes” or “No” ___________
WILD GRAINS BAKERY, LLC
Answer “Yes” or “No” ___________
If your answer is “No” for any defendant, then go to Questions No. 5. If you answered
“Yes” for all defendants, go to the Certification at the end of this form and have the
foreperson sign and date this form.
5. For each defendant to which you answered “Yes” in Question No. 2 and “No” in
Question No. 3, do you find by the preponderance of the evidence that the trade
secret misappropriation was willful and malicious?
Answer as to each of the defendants:
UNITED STATES BAKERY
Answer “Yes” or “No” ___________
LELAND SYCAMORE
Answer “Yes” or “No” ___________
TYLER SYCAMORE
Answer “Yes” or “No” ___________
WILD GRAINS BAKERY, LLC
Answer “Yes” or “No” ___________
After you have completed the questions as directed above, the Jury Foreperson is to date and
sign this Special Verdict Form on behalf of the jury and notify the Court Security Officer that
you have reached a verdict.

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CERTIFICATION
We, the jury, unanimously agree to the answers to the foregoing questions and return this
form as our verdict in this case.
The verdict is not final until accepted by the court.

DATED this ____ of October 2017.

______________________________
Jury Foreperson

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