STIPULATION AND ORDER REGARDING DEPOSITION OF GARY SYTSMA

NANDOR J. VADAS, Magistrate Judge.

WHEREAS, Defendant Dairy Farmers of America, Inc. have noticed the deposition of Mr. Gary Sytsma for February 11, 2015;

WHEREAS, Plaintiffs' Third Amended Complaint allegedly quotes Gary Sytsma, and contains allegations that Defendants engaged in predatory conduct to prevent dairy farmers from rejoining their cooperatives after they participated in the herd retirements;

WHEREAS, Plaintiffs' Interrogatory Reponses contain allegations regarding predatory conduct based on information allegedly obtained from Gary Sytsma; Therefore, the Parties stipulate as follows:

1. Plaintiffs stipulate that they are no longer pursuing a theory of predatory conduct based on CWT cooperative members, including Defendants in this action, refusing to let farmers rejoin their cooperatives after they participated in the herd retirements;

2. Plaintiffs stipulate to strike all of Gary Sytsma's alleged statements from their Third Amended Complaint (including those in Paragraph 123), and from all of their respective Interrogatory Responses (including Plaintiff Mary Anderson's, and all other named plaintiffs', Responses to Land O'Lakes' Interrogatories #3, #6 and #7, signed by Mary Anderson on April 29, 2013);

3. Plaintiffs stipulate to strike all allegations of predatory conduct based on CWT cooperative members, including Defendants in this action, refusing to let farmers rejoin their cooperatives after they participated in the herd retirements included in their Third Amended Complaint (including those in Paragraph 123), and from all of their respective Interrogatory Responses (including Plaintiff Mary Anderson's, and all other named plaintiffs', Responses to Land O'Lakes' Interrogatory #4, signed by Mary Anderson on April 29, 2013);

4. Plaintiffs stipulate not to call Mr. Gary Sytsma (or any member of his family) as a witness at trial, or use any of his documents or statements (including, but not limited to, the document with Bates number P_CWT000520) at trial or in any motion, brief or hearing, including at the summary judgment stage; and

5. As a result of the foregoing stipulations, the Parties therefore agree that the deposition of Mr. Gary Sytsma need not go forward.

IT IS SO ORDERED.