Plaintiff United States' Motion To Amend The Judgment

The United States, pursuant to Fed. R. Civ. P. 59(e), hereby asks the Court to amend the Judgment entered on March 29, 2002 to provide that this action is dismissed "with prejudice."

In its dismissal Order dated March 28, 2002, the Court said (at page 8) that "the portion of the complaint addressing Defendants' domestic conduct will be dismissed without prejudice." The United States, however, has decided that it does not wish to file a new complaint with revised allegations about the Defendants' domestic conduct at this time. Instead, the United States prefers to be in a position to address all of the issues raised by the Court's Order if it decides to appeal the Judgment. The requested amendment of the Judgment will remove any potential ambiguity about the finality and appealability of the Order and judgment (cf. WMX Technologies, Inc. v. Miller, 104 F.3d 1133 (9^th Cir. 1977) (en banc)) in the event of an appeal by the United States.

The United States contacted counsel for defendants LSL and Seminis to determine their position. Both counsel indicated that they have not yet decided whether to support or oppose the motion.

A proposed Judgment accompanies this motion.

DATED this 12^th day of April, 2002.

FOR PLAINTIFF UNITED STATES

_______________"/s/"________________
Robert L. McGeorge
Tracey D. Chambers
Janet R. Urban
Trial Attorneys
U.S. Department of Justice
Antitrust Division

DECISION BY COURT. This action came under consideration before the Court. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED That Defendants LSL Biotechnologies, Inc. and LSL Plantscience LLC's Motion to Dismiss [Docket # 16] is GRANTED.

IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE.

I hereby certify that I have caused a copy of the foregoing document to be served on the following counsel for Defendants by first class mail, postage prepaid and facsimile transmission:

Thomas F. Connell
Jeffrey D. Ayer
Jay V. Prabhu
Wilmer, Cutler & Pickering
2445 M Street, N.W.
Washington, DC 20037-1420
Attorneys for Defendants LSL Biotechnologies, Inc. and LSL PlantScience LLC

Clifford B. Altfeld
Leonard Felker Altfeld Greenberg & Battaile, P.C.
250 North Meyer Avenue
Tucson, AZ 85702-0191
Attorneys for Defendants LSL Biotechnologies, Inc. and LSL PlantScience LLC

Charles Westland
Michael Nolan
Milbank Tweed Hadley & McCloy LLP
1 Chase Manhattan Plaza
New York, NY 10005
Attorneys for Defendant Seminis Vegetable Seeds, Inc.

Kim E. Williamson
Kim E. Williamson P.L.C.
504 South Stone Avenue
Tucson, AZ 85701
Attorneys for Defendant Seminis Vegetable Seeds, Inc.