Free Declaration - District Court of Delaware - Delaware

Case 1:07-cv-00140-JJF Document 16 Filed O4/30/2007 Page 1 of 2 I
IN TI-IE UNITED STATES DISTRICT COURT ‘
FOR TI-IE DISTRICT OF DELAWARE e _
SOLAE, LLC, )
a Delaware limited liability company, ) Q
I
Plaintiff )
)
vs. ) Civil Action No. 07-l40—JIF Q
I
I-IERSI-IEY CANADA INC., )
an Ontario, Canada corporation, ) {
. p ) Z
Defendant. ) .
J [
DECLARATION OF JAMES KUEHL _ l
I. On April 17, 2007, I executed a declaration in support of Hershey Cauada’s motion to ;
dismiss the Complaint in the above—referenced case. That declaration was tiled in this
Court on April 18, 2007. p
2. In connection with my preparation of an affidavit to be tiled in the Ontario Superior I
Court of Justice in a related pending matter, I noticed a statement in my April 17,
2007 declaration that requires correction. - I
3. In paragraph-15 ofthe April 17, 2007 declaration, I stated that I sent a transfer order
to Keith Chapman at Wills Warehouse for the soy lecithin shipment on j
PO #4500257993 to be delivered to Hershey Canada’s Smiths Falls facility. Upon ;
further reflection, I believe that it was a colleague of mine at Hershey Canada, and
not me, who transmitted that transfer order to Wills Warehouse. -
4. I continue to believe that all other statements appearing in my April 17, 2007 l
declaration are factually accurate. E
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on April 27, 2007 ’ _
James Kuehl -

Case 1 :07-cv-00140-JJF Document 16 Filed O4/30/2007 Page 2 of 2
CERTIFICATE OF SERVICE
I hereby certify that on April 30, 2007, I electronically filed the foregoing with the Clerk i
of Court using CM/ECF which will send notification of such filing(s) to the following and which L
has also been served as noted:
P. Clarkson Collins, Jr.
Katherine J. Neikirk
Morris James, LLP
500 Delaware Avenue, Suite 1500 Q
Wilmington, Delaware 19899
I further certify that on April 30, 2007, the foregoing document was sent to the following 5
non-registered participants in the manner indicated: E
i
VIA FEDERAL EXPRESS A
Scott L. Winkelrnan
Monica l\/1. Welt
Crowell & Moring LLP
l00l Pennsylvania Ave. N.W.
Washington, D.C. 20004-2595
Gregory tuhlman 65)
[email protected]
RLFI-3140724-l