Case 2:19-cv-00463-RAJ-LRL Document 242 Filed 09/10/20 Page 1 of 11 PageID# 4588
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF VIRGINIA
`Norfolk Division
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`No. 2:19-cv-00463 RAJ-LRL
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`IN RE PEANUT FARMERS ANTITRUST
`LITIGATION
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`[REDACTED PUBLIC VERSION]
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`DECLARATION OF BRIAN D. CLARK IN SUPPORT OF PLAINTIFFS’ MOTION
`FOR CLASS CERTIFICATION
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`I, Brian D. Clark, declare as follows:
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`1.
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`I am a partner at Lockridge Grindal Nauen, P.L.L.P. and am Interim Co-Lead
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`Counsel for Plaintiffs in the present action. I am a member in good standing of the State Bar of
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`Minnesota and have been admitted to this Court pro hac vice for purposes of this action.
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`2.
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`3.
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`I submit this Declaration in support of Plaintiffs’ Motion for Class Certification.
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`I have personal knowledge of the matters set forth herein and could competently
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`testify thereto.
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`4.
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`Submitted herewith are true and correct copies of the following documents, which
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`are cited in Plaintiffs’ Memorandum in Support of Motion for Class Certification:
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`5.
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`Attached as Exhibit 1 is a true and correct copy of Class Certification and Trial
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`Expert Report of Dr. Michael A. Williams.
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`6.
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`Attached as Exhibit 2 is a true and correct copy of the deposition transcript of David
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`Glidewell, Golden Peanut’s former Vice President of Procurement, taken on August 28, 2020.
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`Given the numerous and voluminous citations made in Plaintiffs’ Memorandum of Law in Support
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`of Plaintiffs’ Motion for Class Certification, Plaintiffs have attached the entire transcript rather
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`than only excerpts.
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`7.
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`Attached as Exhibit 3 is a true and correct copy of a document produced by Golden
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`Peanut Company, Inc. (“Golden Peanut”) in this litigation with Bates label Golden-0003516317.
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`8.
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`Attached as Exhibit 4 is a true and correct copy of a document produced by Olam
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`Peanut Shelling Company, Inc. (“Olam”) in this litigation with Bates label OLAM 00373579-82.
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`9.
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`Attached as Exhibit 5 is a true and correct copy of a document produced by Olam
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`in this litigation with Bates label OLAM 00458459.
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`10.
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`Attached as Exhibit 6 is a true and correct copy of the deposition transcript of Ricky
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`Hartley (“Hartley”), one of Golden Peanut’s former Area Procurement Manager and Current
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`Manager of Seed Sales, taken on August 26, 2020. Given the numerous and voluminous citations
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`made in Plaintiffs’ Memorandum of Law in Support of Plaintiffs’ Motion for Class Certification,
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`Plaintiffs have attached the entire transcript rather than only excerpts.
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`11.
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`Attached as Exhibit 7 is a true and correct copy of a document marked as Exhibit
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`P0138 introduced by Plaintiffs during the Hartley deposition on August 26, 2020. This document
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`is a Rule 1006 summary exhibit summarizing phone calls involving Mr. Hartley and competitors
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`of his employer, Golden Peanut.
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`12.
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`Attached as Exhibit 8 is a true and correct copy of a document produced by
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`Birdsong Corporation (“Birdsong”) in this litigation with Bates label BP0000421304.
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`13.
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`Attached as Exhibit 9 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0003392254.
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`14.
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`Attached as Exhibit 10 is a true and correct copy of the deposition transcript of
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`Mark Milliron (“Milliron”), one of Golden Peanut’s Area Procurement Managers, taken on July
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`29, 2020. Given the numerous and voluminous citations made in Plaintiffs’ Memorandum of Law
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`in Support of Plaintiffs’ Motion for Class Certification, Plaintiffs have attached the entire transcript
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`rather than only excerpts.
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`15.
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`Attached as Exhibit 11 is a true and correct copy of a document produced by Olam
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`in this litigation with Bates label OLAM 01140557-01140560.
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`16.
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`Attached as Exhibit 12 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0003558934.
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`17.
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`Attached as Exhibit 13 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0003396164.
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`18.
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`Attached as Exhibit 14 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0003515448.
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`19.
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`Attached as Exhibit 15 is a true and correct copy of a document produced by Olam
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`in this litigation with Bates label OLAM 00845720.
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`20.
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`Attached as Exhibit 16 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0002374145-47.
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`21.
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`Attached as Exhibit 17 is a true and correct copy of a document produced by Olam
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`in this litigation with Bates label OLAM 00903338.
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`22.
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`Attached as Exhibit 18 is a true and correct copy of a document produced by Olam
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`in this litigation with Bates label OLAM 01805697-701.
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`23.
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`Attached as Exhibit 19 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0002370034.
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`24.
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`On August 1, 2018, Olam’s VP of Farmerstock Acquisitions, Chad Chandler had a
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`ten-minute phone call with Golden Peanut’s Area Procurement Manager Mark Milliron. The call
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`took place at 11:58 a.m. and was placed from Chad Chandler’s cellphone number (229-317-3854)
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`to Mark Milliron’s cellphone number (229-317-3854). Attached as Exhibit 20 is a true and correct
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`copy of an excerpt of a document produced by Verizon Wireless in this litigation with the
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`beginning Bates label of VERIZON0000000414 and the applicable page demonstrating the phone
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`call with Bates label VERIZON0000001412.
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`25.
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`Attached as Exhibit 21 is a true and correct copy of a document produced by Olam
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`in this litigation with Bates label OLAM 00051309.
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`26.
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`Attached as Exhibit 22 is a true and correct coy of a document produced by Olam
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`in this litigation with Bates label OLAM 00361899.
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`27.
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`Attached as Exhibit 23 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0000021054.
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`28.
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`Attached as Exhibit 24 is a true and correct copy of a document marked as Exhibit
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`P0043 introduced by Plaintiffs during the Milliron deposition on July 29, 2020. This document is
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`a Rule 1006 summary exhibit summarizing phone calls involving Mr. Milliron and competitors of
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`his employer, Golden Peanut.
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`29.
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`Attached as Exhibit 25 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0003295432.
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`30.
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`Attached as Exhibit 26 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0003566629.
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`31.
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`Attached as Exhibit 27 is a true and correct copy of a document produced by
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`Birdsong in this litigation with Bates label BP0000751280.
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`32.
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`Attached as Exhibit 28 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0003514440-41.
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`33.
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`Attached as Exhibit 29 is a true and correct copy of a document produced by
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`Birdsong in this litigation with Bates label BP0000774226-27.
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`34.
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`Attached as Exhibit 30 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0004025576.
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`35.
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`Attached as Exhibit 31 is a true and correct copy of a document produced by Golden
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`Peanut in this litigation with Bates label Golden-0003795936.
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`36.
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`Attached as Exhibit 32 is a true and correct copy of a document produced by Olam
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`in this litigation with Bates label OLAM01251469.
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`37.
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`Other than the documents identified above, Plaintiffs are not submitting with this
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`declaration copies of the articles, documents, or data cited in the expert report of Dr. Michael A.
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`Williams. If the Court wishes to receive any of these documents, then Plaintiffs will immediately
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`provide them.
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`38.
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`Named Plaintiffs in this action have significantly advanced this litigation on behalf
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`of the putative class of peanut farmers. Provided below is background on each proposed named
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`plaintiff and a summary of their efforts with regard to this litigation.
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`Plaintiff Mark Hasty
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`39.
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`Plaintiff Mark Hasty is a peanut farmer residing in Jackson County, Florida. Mr.
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`Hasty has been farming on his own for more than a decade in both Alabama and Florida, and relies
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`on his farming operations to support his and his family’s livelihood. Farming has been an integral
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`part of Mr. Hasty’s life; Mr. Hasty was fascinated by farming equipment early in his childhood
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`and followed his father and grandfather to learn as much as possible about the trade. Over the
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`years, Mr. Hasty continued to develop his passion for farming and the necessary skills, and has
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`supported his local community by helping other farmers with his expertise.
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`40. Mr. Hasty has dedicated extensive time and effort to advancing this matter, and is
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`committed to helping other peanut farmers who have been similarly injured by Defendants’ anti-
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`competitive prices. Among other tasks, Mr. Hasty assisted in responding to numerous discovery
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`requests from all Defendants, including responding to the January 22, 2020 Defendants’ First Set
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`of Interrogatories; April 24, 2020 Defendants’ Second Set of Requests for Production to Plaintiffs;
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`Supplemental Responses to Defendants’ First Set of Interrogatories response dated August 10,
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`2020; August 14, 2020 Olam’s First Set of Requests for Production to Plaintiffs; August 17, 2020
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`Olam’s First Set of Interrogatories to Plaintiffs. Mr. Hasty also corresponded with counsel to
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`provide information for the Initial Disclosures dated December 30, 2019; Amended Disclosures
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`dated April 20, 2020. Mr. Hasty provided information for the January 17, 2020 disclosures of
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`Document Custodians and Non-custodial Document Sources, the First Amended disclosures of
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`Document Custodians and Non-custodial Document Sources dated January 31, 2020 and the
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`Second Amended disclosures of Document Custodians and Non-custodial Document Sources
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`dated April 20, 2020. Throughout the discovery process, Mr. Hasty spent time and effort assisting
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`counsel and its e-discovery partners with retrieval of e-mails, text messages, and other data on
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`devices Mr. Hasty had in his custody to provide information responsive to Defendants’ Requests
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`for Production. In fact, Mr. Hasty has produced over 2,100 pages of documents to date.
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`Additionally, Mr. Hasty’s deposition is scheduled for September 16, 2020.
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`Plaintiff Dustin Land
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`41.
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`Plaintiff Dustin Land is a peanut farmer residing in Jackson County, Florida. Mr.
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`Land has been farming for his entire life in both Alabama and Florida, and relies on his farming
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`operations to support his and his family’s livelihood. Farming has been an integral part of Mr.
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`Land’s life, and he grew up learning the ins and outs of the day-to-day responsibilities on his
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`father’s farm.
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`42. Mr. Land has dedicated extensive time and effort to advancing this matter, and is
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`committed to helping other peanut farmers who have been similarly injured by Defendants’ anti-
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`competitive prices. Among other tasks, Mr. Land assisted in responding to numerous discovery
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`requests from Defendants, including responding to the January 22, 2020 Defendants’ First Set of
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`Interrogatories; April 24, 2020 Defendants’ Second Set of Requests for Production to Plaintiffs;
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`Supplemental Responses to Defendants’ First Set of Interrogatories response dated August 10,
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`2020; August 14, 2020 Olam’s First Set of Requests for Production to Plaintiffs; August 17, 2020
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`Olam’s First Set of Interrogatories to Plaintiffs. Mr. Land also corresponded with counsel to
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`provide information for the Initial Disclosures dated December 30, 2019; Amended Disclosures
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`dated April 20, 2020. Mr. Land was involved in providing information for the January 17, 2020
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`disclosures of Document Custodians and Non-custodial Document Sources, the First Amended
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`disclosures of Document Custodians and Non-custodial Document Sources dated January 31, 2020
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`and the Second Amended disclosures of Document Custodians and Non-custodial Document
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`Sources dated April 20, 2020. Throughout the discovery process, Mr. Land spent time and effort
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`assisting counsel and its e-discovery partners with retrieval of e-mails, text messages and other
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`data on devices Mr. Land had in his possession to provide information responsive to Defendants’
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`Requests for Production. In fact, Mr. Land has produced over 6,700 pages of documents to date.
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`Additionally, Mr. Land has recently been noticed to sit for a deposition in October.
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`Plaintiff D&M Farms
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`43.
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`Plaintiff D&M Farms is a farming partnership operated by Plaintiffs Mark Hasty
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`and Dustin Land. D&M Farms has not only responded to duplicate versions of all of the same
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`discovery as its operators, but has additionally provided information for the corporate discovery
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`responses and responses. D&M Farms has produced over 8,400 pages of documents to date. D&M
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`Farms’ Rule 30(b)(6) deposition is scheduled for September 16, 2020.
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`Plaintiff Lonnie Gilbert
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`44.
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`Plaintiff Lonnie Gilbert is a peanut farmer residing in Jackson County, Florida. Mr.
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`Gilbert has been farming on his own for almost a decade in Florida, and relies on his farming
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`operations to support his and his family’s livelihood. Farming has been an integral part of Mr.
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`Gilbert’s life, as he developed a love for the trade learning the ins and outs of the day-to-day
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`responsibilities early in his childhood. Mr. Gilbert was also a first responder, and in 2018, testified
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`before Congress to help increase access to healthcare in rural United States. In addition to farming,
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`Mr. Gilbert continues to serve the health and safety of his community as an emergency vehicle
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`technician.
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`45. Mr. Gilbert has dedicated extensive time and effort to advancing this matter, and is
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`committed to helping other peanut farmers who have been similarly injured by Defendants’ anti-
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`competitive prices, since joining as an additional named plaintiff in April 2020. Among other
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`things, Mr. Gilbert assisted in responding to numerous discovery requests from Defendants,
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`including responding to Defendants’ April 14, 2020, First Set of Requests for Production to
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`additional named plaintiffs; April 14, 2020 Defendants First Set of Interrogatories to additional
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`named plaintiffs; April 24, 2020 Defendants’ Second Set of Requests for Production to Plaintiffs;
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`Supplemental Responses to Defendants’ First Set of Interrogatories response dated August 10,
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`2020; August 14, 2020 Olam’s First Set of Requests for Production to Plaintiffs; August 17, 2020
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`Olam’s First Set of Interrogatories to Plaintiffs. Mr. Gilbert also corresponded with counsel to
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`provide information for the Amended Disclosures dated April 20, 2020. Mr. Gilbert provided
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`information for the Second Amended disclosures of Document Custodians and Non-custodial
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`Document Sources dated April 20, 2020. Throughout the discovery process, Mr. Gilbert spent time
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`and effort assisting counsel and its e-discovery partners with retrieval of e-mails, text messages
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`and other data on devices that Mr. Gilbert has in his possession to provide information responsive
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`to Defendants’ Requests for Production. In fact, Mr. Gilbert has produced over 5,300 pages of
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`documents to date. Additionally, Mr. Gilbert’s deposition is currently scheduled for September 24,
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`2020.
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`Plaintiffs Daniel Howell & Rocky Creek Peanut Farms, LLC
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`46.
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`Plaintiff Daniel Howell is a former peanut farmer residing in Houston County,
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`Alabama. Mr. Howell had farmed for over a decade in Alabama, and relied on his farming
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`operations to support his and his family’s livelihood. Mr. Howell had taken over his father-in-
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`law’s family farm, which included both crop and livestock operations (with its cattle herd being
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`awarded the designation of “Historic Angus Herd” in 2007 by the American Angus Association).
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`Mr. Howell also operates Rocky Creek Peanut Farms, LLC, through which he also sold runner
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`peanuts to Defendants.
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`47. Mr. Howell has dedicated extensive time and effort in this matter, and is committed
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`to helping other peanut farmers who have been similarly injured by Defendants’ anti-competitive
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`prices, since becoming a named plaintiff in April 2020. Among other tasks, Mr. Howell assisted
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`in responding to numerous discovery requests from Defendants such as the April 14, 2020
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`Defendants’ First Set of Requests for Production to additional named plaintiffs; April 14, 2020
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`Defendants First Set of Interrogatories to additional named plaintiffs; April 24, 2020 Defendants’
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`Second Set of Requests for Production to Plaintiffs; Supplemental Responses to Defendants’ First
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`Set of Interrogatories response dated August 10, 2020; August 14, 2020 Olam’s First Set of
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`Requests for Production to Plaintiffs; August 17, 2020 Olam’s First Set of Interrogatories to
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`Plaintiffs. Mr. Howell also corresponded with counsel to provide information for the Amended
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`Disclosures dated April 20, 2020 for both himself and Rocky Creek Peanut Farms, LLC. Mr.
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`Howell provided information for the Second Amended disclosures of Document Custodians and
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`Non-custodial Document Sources dated April 20, 2020. Throughout the discovery process, Mr.
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`Howell spent time and effort assisting counsel and its e-discovery partners with retrieval of e-
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`mails, text messages and other data on devices that Mr. Howell has in his possession to provide
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`information responsive to Defendants’ Requests for Production. In fact, Mr. Howell and Rocky
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`Creek Peanut Farms, LLC have produced over 5,100 pages of documents to date. Additionally,
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`Mr. Howell’s deposition is currently scheduled for September 8, 2020.
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`48.
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`Since being appointed as Interim Co-Lead Counsel in this matter (ECF No. 80),
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`myself, Brian D. Clark, and Kimberly A. Justice of the law firm Freed Kanner London & Millen
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`LLC have committed to representing the class and vigorously pursuing relief for the harm they
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`allege they have suffered as a result of Defendants’ conduct. Our efforts have been integral to
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`Plaintiffs’ prosecution of this class action against Olam, Golden Peanut, and Birdsong (collectively
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`“Defendants”). We, along with our colleagues have worked closely, cooperatively, and efficiently
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`to aggressively pursue the claims of the class affected by Defendants’ alleged conspiracy. As a
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`whole, we have worked to obtain well over 1 million documents in Discovery from Defendants
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`and over a dozen third parties, review and summarize numerous documents within Defendants’
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`productions, briefed numerous discovery matters, prepared for and taken depositions of five
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`Defendant witnesses to date, and have or are in the process of scheduling another 25 depositions
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`of Defendants and third parties. Plaintiffs’ Interim Co-Lead counsel have also consulted
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`extensively with their experts, successfully defeated Defendants’ motion to dismiss, and engaged
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`in numerous other actions to advance this case on behalf of the putative class of peanut farmers.
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`Plaintiffs have also assembled a trial team that includes numerous highly qualified attorneys,
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`including the recent addition of Robert Connolly, the former head of the Department of Justice
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`Antitrust Division Philadelphia Field Office. We, along with liaison counsel, Wyatt B. Durrette,
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`Jr. of the law firm Durrette, Arkema, Gerson & Gill PC, are dedicated to maximizing the recovery
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`of the putative class. We have no conflicts that would prevent us from representing the putative
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`class zealously and we will continue to do so cooperatively.
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`I declare under penalty of perjury of the laws of the United States of America that the
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`foregoing is true and correct.
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`Executed on September 4, 2020 at Minneapolis, Minnesota.
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`By:
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`/s/ Brian D. Clark
`Brian D. Clark
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