Volume 21
Pages 2806 - 2813
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Before The Honorable Vince Chhabria, Judge
EDWARD HARDEMAN,
Plaintiff,
VS.
MONSANTO COMPANY,
Defendant.

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NO. C 16-00525 VC

San Francisco, California
Wednesday, March 27, 2019
TRANSCRIPT OF PROCEEDINGS
APPEARANCES:
For Plaintiff:

BY:

BY:

ANDRUS WAGSTAFF PC
7171 W. Alaska Drive
Lakewood, Colorado 80226
AIMEE H. WAGSTAFF, ATTORNEY AT LAW
DAVID J. WOOL, ATTORNEY AT LAW
MOORE LAW GROUP
1473 South 4th Street
Louisville, Kentucky 40208
JENNIFER MOORE, ATTORNEY AT LAW

(APPEARANCES CONTINUED ON FOLLOWING PAGE)
REPORTED BY:

Marla F. Knox, RPR, CRR
Jo Ann Bryce, CSR No. 3321, RMR, CRR, FCRR
Official Reporters

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APPEARANCES :

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For Defendant :

(CONTINUED)

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BY:
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WILKINSON WALSH ESKOVITZ LLP
2001 M Street, NW - 10th Floor
Washington, D.C. 20036
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

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I N D E X
Wednesday, March 27, 2019 - Volume 21

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Verdict

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VERDICT
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Wednesday - March 27, 2019

2:52 p.m.

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P R O C E E D I N G S

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---000---

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(Proceedings were heard out of presence of the jury:)
THE COURT:

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reached a verdict.

You can go ahead and bring them in.

(Proceedings were heard in the presence of the jury:)

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THE COURT:

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It looks like,

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Okay.

Welcome back.
you have continued to be

the presiding juror; is that right?

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Okay. I have been told the jury has

THE COURT:

Yes.

I understand you have reached a verdict;

is that correct?

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We have.

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THE COURT:

Why don't you hand that to Kristen.

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(Pause in proceedings)

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VERDICT
THE COURT:

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Thank you.

Okay. I'm going to read the

verdict.
Question 1:

Did Mr. Hardeman prove by a preponderance of

the evidence his claim that Roundup's design was defective?

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Answer:

Yes.

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Question 2:

Did Mr. Hardeman prove by a preponderance of

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the evidence his claim that Roundup lacks sufficient warnings

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of the risk of NHL?

 VERDICT
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Answer:

Yes.

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Question 3:

Did Mr. Hardeman prove by a preponderance of

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the evidence his claim that Monsanto was negligent by not using

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reasonable care to warn about Roundup's NHL risk?

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Answer:

Yes.

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Question 4:

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Past economic loss, $200,967.10.

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Past non-economic loss, $3,066,677.

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Future economic loss, $2 million.

What are Mr. Hardeman's compensatory damages?

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Did I read that right?

(No audible response).

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THE COURT:

Okay.

Question 5:

Did Mr. Hardeman prove

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by clear and convincing evidence that he is entitled to

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punitive damages?

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Answer:

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Question 6:

Yes.
If you answered "yes" to the previous

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question, what amount do you award Mr. Hardeman in punitive

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damages?

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Answer:

$75 million.

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Would anybody like the jury polled?

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MR. STEKLOFF:

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THE COURT:

Yes, Your Honor.

Okay.

As we did last time, I will ask

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each one of you if that accurately reflects your unanimous

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verdict that you reached.

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Juror Number 1,

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, does that accurately

reflect the verdict that you reached?

 VERDICT
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Yes, it does.

I would like that

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second number read off again because I wasn't sure if that was

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read off correctly.

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THE COURT:

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Certainly.

3 million --

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THE COURT:

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THE COURT:

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THE COURT:

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THE COURT:

Juror Number 3,

: Yes.

And Juror Number 4,

Thank you.
is that an accurate

reflection of your verdict?

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, is that an

accurate description of your verdict?

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, is

: Yes.

THE COURT :

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Juror Number 2,

that an accurate description of the jury's unanimous verdict?

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Thank you.

Yes.

Okay.

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That's correct.

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THE COURT:

That's correct?

The remainder of it was correct?

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$3 million -­

$3,066,667.

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Yes.

$3,066,667.

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The past non-economic loss of

Yes, it is.
THE COURT:

And,

Juror Number 5, is that

an accurate description of your verdict?
Yes.

 PROCEEDINGS
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THE COURT:

Okay.

And Juror Number 6,

is

that an accurate description of your verdict?

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Yes.

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THE COURT:

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verdict form down to Kristen.

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Thank you very much.

I will hand the

And, ladies and gentlemen of the jury, you have now

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completed your service.

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incredibly hard work you put into this over these past five

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weeks.

Thank you very much for all the

It is obvious that you have been very attentive.

You

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have taken your job very seriously, and on behalf of all the

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parties and everybody who is here watching this trial and on

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behalf of the community and the public, I thank you very much

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for that.

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Now, you have been hearing an instruction from me over and

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over and over again throughout the trial which is you are not

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allowed to do any research.

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anybody about the trial.

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yourself to any media reports.

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now lifted.

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You are not allowed to expose
Those restrictions on you are

You are free to talk to anybody about the case if you

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wish.

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the case if you wish.

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You are not allowed to talk to

You are also perfectly free not to talk to anybody about

And if anybody is really sort of after you to talk to you

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about the case, and you really prefer not to talk about the

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case; and you are having problems keeping someone off your

 PROCEEDINGS
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back, you contact us right away and I can assure you that we

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will intervene.

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But with that, I would love the opportunity to invite you

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back to my chambers.

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Kristen will spend a little time with you getting your badges

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and everything.

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my chambers and answer any questions you have about the

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process.

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can make the process better for jurors.

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First you will go back to the jury room.

After that, I would love to invite you back to

We always have some questions for you about how we
We would very much

appreciate that.
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

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will be some post-trial motions coming and all of that.

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also want to have a conference call with all of you -- kind of

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a case management conference -- about next steps.

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alluded to it earlier when I was speaking with the Plaintiff's

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lawyer for the next trial.

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I will

I sort of

Kristen will reach out to you in the next week or so -­

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she will reach out to you to schedule a conference in the next

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week or so.

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Thank you.

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But until then, enjoy and I will talk to you soon.

MS. MOORE:

Thank you, Your Honor.

(Proceedings adjourned at 2:59 p.m.)

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CERTIFICATE OF REPORTERS

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I certify that the foregoing is a correct transcript
from the record of proceedings in the above-entitled matter.

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DATE:

Wednesday, March 27, 2019

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Jo Ann Bryce, CSR No. 3321, RMR, CRR, FCRR
U.S. Court Reporter

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Marla F. Knox, RPR, CRR
U.S. Court Reporter