Case 2:16-cv-02767-EGS Document 272 Filed 02/21/17 Page 1 of 18

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DALMATIA IMPORT GROUP, INC. and :

MAIA MAGEE, :
: CIVIL ACTION NO. 16-2767
Plaintiffs, :
:
v. :
:
FOODMATCH, INC., :
LANCASTER FINE FOODS, INC., :
EARTH PRIDE ORGANICS, LLC, :
C.O. NOLT, INC., and :
MICHAEL S. THOMPSON, :
:
Defendants. :

DALMATIAS REVISED PROPOSED VERDICT FORM

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In answering these questions, you are to follow all of the instructions I have given you in the
Courts charge. As used herein, Dalmatia means Dalmatia Import Group, Inc.; FoodMatch
means FoodMatch, Inc.; Lancaster means Lancaster Fine Foods, Inc.; Earth Pride means
Earth Pride Organics, LLC; C.O. Nolt means C.O. Nolt, Inc.

*****************************************************************************

WE, THE JURY, UNANIMOUSLY AGREE on the answers to the following questions and return
them under the instructions of this Court as our verdict in this case.

DALMATIAS CLAIMS FOR MISAPPROPRIATION OF TRADE SECRETS

Question No. 1:

Do you find that any of these Defendants misappropriated one or more trade secrets owned by
Dalmatia?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
Michael S. Thompson Yes No

If you answered YES to any part of Question No. 1, proceed

to Question No. 2. If you answered NO to all of Question
No. 1, leave Question No. 2 blank and skip to Question No. 3a.

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Question No. 2:

If you found that any of these Defendants misappropriated Dalmatias trade secrets, do you find
that the misappropriation was willful and malicious?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
Michael S. Thompson Yes No

DALMATIAS CLAIMS FOR BREACH OF CONTRACT

Question No. 3a:

Do you find that FoodMatch breached its contractual obligations to Dalmatia under the
Distribution Agreement before December 22, 2015?

Yes No
Question No. 3b:

Do you find that FoodMatch breached its contractual obligations to Dalmatia under the
Distribution Agreement on or after December 22, 2015?

Yes No
Question No. 3c:

Do you find that FoodMatch breached its contractual obligations to Dalmatia under the Non-
Disclosure Agreement?

Yes No

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Question No. 3d:

Do you find that that Lancaster and/or Earth Pride breached its contractual obligations to
Dalmatia under the Supply Agreement?

Yes No

Question No. 3e:

Do you find that Lancaster and/or Earth Pride breached its contractual obligations to Dalmatia
under the Beanies Non-Disclosure Agreement?

Yes No

DALMATIAS CLAIM FOR INTENTIONAL INTERFERENCE WITH CONTRACT

Question No. 4:

Do you find that FoodMatch intentionally interfered with the Supply Agreement or the Beanies
Non-Disclosure Agreement?

Yes No

If you answered YES to Question No. 4, proceed to Question

No. 5. If you answered NO to Question No. 4, leave Question
No. 5 blank and skip to Question No. 6a.

Question No. 5:

Do you find that FoodMatch should pay punitive damages for Dalmatias claim of intentional
Interference with Contract?

Yes No

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DALMATIAS CLAIMS FOR TRADEMARK INFRINGEMENT AND COUNTERFEITING

Question No. 6a:

Do you find that any of these Defendants infringed the DALMATIA trademark
(Trademark No. 2,918,383)?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
C.O. Nolt Yes No
Michael S. Thompson Yes No

If you answered YES to any part of Question No. 6a,

proceed to Question No. 6b. If you answered NO to all of
Question No. 6a, leave Question No. 6b blank and skip to
Question No. 7a.

Question No. 6b:

For any Defendant for which you answered YES in Question No. 6a, answer the following
question:

If you found that any of these Defendants infringed the DALMATIA trademark, was the
infringement willful?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
C.O. Nolt Yes No
Michael S. Thompson Yes No

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Question No. 7a:

Do you find that any of these Defendants infringed Dalmatias JAR CONFIGURATION
trademark (Trademark No. 3,667,176)?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
C.O. Nolt Yes No
Michael S. Thompson Yes No

If you answered YES to any part of Question No. 7a,

proceed to Question No. 7b. If you answered NO to all of
Question No. 7a, leave Question No. 7b blank and skip to
Question No. 8a.

Question No. 7b:

For any Defendant for which you answered YES in Question No. 7a, answer the following
question:

If you found that any of these Defendants infringed the Dalmatia JAR CONFIGURATION
trademark, was the infringement willful?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
C.O. Nolt Yes No
Michael S. Thompson Yes No

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Question No. 8a:

Do you find that any of these Defendants engaged in trademark counterfeiting for the
DALMATIA trademark (Trademark No. 2,918,383)?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
C.O. Nolt Yes No
Michael S. Thompson Yes No

If you answered YES to any part of Question No. 8a,

proceed to Question No. 8b. If you answered NO to all of
Question No. 8a, leave Question No. 8b blank and skip to
Question No. 9a.

Question No. 8b:

For any Defendant for which you answered YES in Question No. 8a, answer the following
question:

If you found that any of these Defendants engaged in trademark counterfeiting for the
DALMATIA trademark, was the conduct willful?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
C.O. Nolt Yes No
Michael S. Thompson Yes No

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Question No. 9a:

Do you find that any of these Defendants engaged in trademark counterfeiting for Dalmatias
JAR CONFIGURATION trademark (Trademark No. 3,667,176)?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
C.O. Nolt Yes No
Michael S. Thompson Yes No

If you answered YES to any part of Question No. 9a,

proceed to Question No. 9b. If you answered NO to all of
Question No. 9a, leave Question No. 9b blank and skip to
Question No. 10.

Question No. 9b:

For any Defendant for which you answered YES in Question No. 9a, answer the following
question:

If you found that any of these Defendants engaged in trademark counterfeiting for Dalmatias
JAR CONFIGURATION trademark, was the conduct willful?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
C.O. Nolt Yes No
Michael S. Thompson Yes No

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Question No. 10:

If you found that any of the Defendants infringed Dalmatias trademark or engaged in trademark
counterfeiting (by answering YES to any part of Question Nos. 6a, 7a, 8a, or 9a), what were
the profits of the infringing Defendant(s) as a result of that conduct?

FoodMatch $____________________

Lancaster, Earth Pride $____________________

and Michael S.
Thompson

C.O. Nolt $____________________

Question No. 11:

If you found that any of the Defendants infringed Dalmatias trademark or engaged in trademark
counterfeiting (by answering YES to any part of Question Nos. 6a, 7a, 8a, or 9a), what
damages were sustained by Dalmatia as a result of that conduct?

$____________________

DALMATIAS CLAIM FOR UNFAIR COMPETITION

Question No. 12:

Do you find that any of these Defendants engaged in unfair competition?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
C.O. Nolt Yes No
Michael S. Thompson Yes No

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DALMATIAS CLAIM FOR CIVIL CONSPIRACY

Question No. 13:

Do you find that any of these Defendants engaged in a civil conspiracy to misappropriate
Dalmatias trade secrets, to breach contractual obligations to Dalmatia, or to commit trademark
infringement, trademark counterfeiting, or unfair competition?

FoodMatch Yes No
Lancaster Yes No
Earth Pride Yes No
C.O. Nolt Yes No
Michael S. Thompson Yes No

If you answered YES to any part of Question No. 13,

proceed to Question No. 14. If you answered NO to all of
Question No. 13, leave Question No. 14 blank and skip to
Question No. 15.

Question No. 14:

Do you find that any of the Defendants should pay punitive damages for Dalmatias claim of
Civil Conspiracy?

Yes No

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DALMATIAS CLAIM FOR CONVERSION

Question No. 15:

Do you find that any of these Defendants committed conversion?

Lancaster Yes No
Earth Pride Yes No
Michael S. Thompson Yes No

If you answered YES to any part of Question No. 15,

proceed to Question No. 16. If you answered NO to all of
Question No. 15, leave Question No. 16 blank and skip to
Question No. 17.

Question No. 16:

Do you find that any of these Defendants should pay punitive damages for Dalmatias claim of
Conversion?

Lancaster Yes No
Earth Pride Yes No
Michael S. Thompson Yes No

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DAMAGES ON DALMATIAS CLAIMS

Question No. 17:

If you found that one or more Defendants engaged in trademark counterfeiting (by answering
YES to any part of Question Nos. 6a, 7a, 8a, 9a), what total amount of statutory damages is
Dalmatia entitled to?

$____________________

Question No. 18:

If you answered YES to any part of Question Nos. 1, 3a, 3b, 3c, 3d, 3e, 4, 12 or 13), what
amount of damages is Dalmatia entitled to for the harm that it suffered with respect to the
promotion, manufacture, and/or sale of the Divina products?

$____________________

Question No. 19:

If you found that one or more Defendants misappropriated Dalmatias trade secrets (by
answering YES to any part of Question No. 1) and that the conduct was willful and malicious
(by answering YES to any part of Question No. 2), what amount of exemplary damages is
Dalmatia entitled to?

$____________________

Question No. 20:

If you found that Lancaster breached its contractual obligations to Dalmatia under the Supply
Agreement or Beanies Non-Disclosure Agreement (by answering YES to Question No. 3d, 3e
or both), what amount of additional damages separate and apart from Defendants manufacture
and sale of Divina product is Dalmatia entitled to?

$____________________

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Question No. 21:

If you found that Defendants Lancaster, Earth Pride or Michael S. Thompson are liable for
Conversion (by answering YES to any part of Question No. 15), what amount of damages is
Dalmatia entitled to?

$____________________

Question No. 22:

If you found that Defendants Lancaster, Earth Pride, or Michael S. Thompson should pay
punitive damages for Conversion (by answering YES to Question No. 16), what amount is
Dalmatia entitled to?

Lancaster $____________________

Earth Pride $____________________

Michael S. Thompson $____________________

Question No. 23:

If you found that any of the Defendants should pay punitive damages for Dalmatias claim of
Civil Conspiracy (by answering YES to Question No. 14), what amount is Dalmatia entitled
to?

FoodMatch $____________________

Lancaster $____________________

Earth Pride $____________________

C.O. Nolt $____________________

Michael S. Thompson $____________________

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Question No. 24:

If you found that FoodMatch should pay punitive damages for Dalmatias claim of Intentional
Interference with Contract (by answering YES to Question No. 5), what amount is Dalmatia
entitled to?

$____________________

FOODMATCHS COUNTERCLAIMS FOR BREACH OF CONTRACT

Question No. 25:

Do you find that Dalmatia breached its contractual obligations to FoodMatch under the
Distribution Agreement?

Yes No
If you answered YES to Question No. 25, proceed to
Question No. 26. If you answered NO to Question No. 25,
leave Question No. 26 blank and skip to Question No. 27.

Question No. 26:

If you found that Dalmatia breached its contractual obligations to FoodMatch under the
Distribution Agreement (by answering YES to Question No. 25), what amount of damages is
FoodMatch entitled to?

$____________________

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LANCASTERS COUNTERCLAIMS FOR BREACH OF CONTRACT

Question No. 27:

Do you find that Dalmatia breached its contractual obligations to Lancaster under the purchase
orders for Dalmatia fig spread?

Yes No
If you answered YES to Question No. 27, proceed to
Question No. 28. If you answered NO to Question No. 27,
leave Question No. 28 blank and skip to Question No. 29.

Question No. 28:

If you found that Dalmatia breached its contractual obligations to Lancaster under the purchase
orders for Dalmatia fig spread (by answering YES to Question No. 27), what amount of
damages is Lancaster entitled to?

$____________________

LANCASTERS COUNTERCLAIMS FOR CIVIL TRESPASS

Question No. 29:

Do you find that Maia Magee caused third party investigators to trespass on Lancasters
property?

Yes No

If you answered YES to Question No. 29, proceed to

Question No. 30. If you answered NO to Question No. 29,
leave Question Nos. 30, 31a, and 31b blank and skip to
Question No. 32.

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Question No. 30:

If you found that Maia Magee caused third party investigators to trespass on Lancasters property
(by answering YES to Question No. 32), what amount of nominal damages not to exceed
$1.00 is Lancaster entitled to?

$____________________

Question No. 31a:

Do you find that Maia Magee should pay punitive damages for Lancasters claim of trespass?

Yes No
If you answered YES to Question No. 31a, proceed to
Question No. 31b. If you answered NO to Question No. 31a,
leave Question No. 31b blank and skip to Question No. 32.

Question No. 31b:

If you found that Dalmatia should pay punitive damages for Lancasters claim of trespass (by
answering YES to Question No. 34a), what amount of punitive damages is Lancaster entitled
to?

$____________________

LANCASTERS COUNTERCLAIMS FOR CIVIL CONSPIRACY

Question No. 32:

Do you find that Maia Magee engaged in a civil conspiracy with third party investigators to
trespass on Lancasters property?

Yes No

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If you answered YES to Question No. 32, proceed to

Question No. 33. If you answered NO to Question No. 32,
leave Question Nos. 33, 34a and 34b blank and skip to the
signature line.

Question No. 33:

If you found that Maia Magee engaged in a civil conspiracy with third party investigators to
trespass on Lancasters property, what amount of damages is Lancaster entitled to?

$____________________

Question No. 34a:

Do you find that Maia Magee should pay punitive damages for Lancasters claim of Civil
Conspiracy?

Yes No
If you answered YES to Question No. 34a, proceed to
Question No. 34b. If you answered NO to Question No. 34a,
leave Question No. 34b blank and skip to the signature line.

Question No. 34b:

If you found that Dalmatia should pay punitive damages for Lancasters claim of civil conspiracy
(by answering YES to Question No. 34a), what amount of punitive damages is Lancaster
entitled to?

$____________________

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Your deliberations are now over. The jury foreperson should sign and date the Verdict Form
and alert the Court that a verdict has been reached.

Signed this ____ day of February, 2017.

______________________________________
JURY FOREPERSON

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