Anthony Vinyards v. Natural Plant Protection
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY VINEYARDS, Case No. 1:20-cv-00506-JLT-CDB Plaintiff, ORDER DENYING DEFENDANTS’
MOTIONS TO EXCLUDE EXPERT
v. TESTIMONY UPL NA INC., ARYSTA LIFESCIENCE (Docs. 39, 40)
NORTH AMERICA, LLC, BRANDT
CONSOLIDATED INC., NUTRIEN AG
SOLUTIONS, INC.,
16 Defendants. 17 Anthony Vineyards is a grower of organic grapes in Kern County. (FAC, Doc. 29 at ¶ 1.) Plaintiff brings this action against Defendants alleging theories of strict products liability and negligent failure-to-warn after a May 2019 rain event destroyed its grape crops, following its use of the miticide, Biomite. (Id. at ¶¶ 12–14.) Specifically, Plaintiff alleges that the Biomite label fails to warn users that scarring can occur to grape crops if used close in time to rain events. (Id. at ¶ 14.)1 Arysta Lifescience North America, LLC, and UPL NA Inc. have filed a Motion to Exclude Testimony of Gary Osteen and John Kovacevich (Docs. 39, 40). For the reasons stated 26 …