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`WIRTGEN AMERICA, INC.
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`Plaintiff/Counterclaim-Defendant,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`CATERPILLAR INC.
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`v.
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`Defendant/Counterclaim-Plaintiff.
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`C.A. No. 17-770-JDW-MPT
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`JURY TRIAL DEMANDED
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`[PROPOSED ORDER]
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`Having considered Wirtgen America, Inc.’s Motion to Compel Compliance with Third-
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`Party Subpoena to Caterpillar Trimble Control Technologies LLC (the “Motion”) and any
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`opposition thereto, IT IS HEREBY ORDERED THAT:
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`1. Wirtgen’s Motion is GRANTED;
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`2. Caterpillar Trimble Control Technologies (“CTCT”) is ordered to Search for and
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`produce all non-privileged documents in CTCT’s possession that are responsive to
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`Wirtgen’s Requests for Production within 14 days of resolution of Wirtgen’s Motion.
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`SO ORDERED this _____ day of __________________, 2023.
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` UNITED STATES DISTRICT COURT JUDGE
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`Case 1:17-cv-00770-JDW-MPT Document 134-5 Filed 01/09/23 Page 2 of 2 PageID #: 14883
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`CERTIFICATE OF SERVICE
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`I, Adam W. Poff, Esquire, hereby certify that on January 9, 2023, I caused the foregoing
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`document to be served by email upon the following counsel:
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`Bindu A. Palapura
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor
`Wilmington, DE 19801
`bpalapura@potteranderson.com
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`James C. Yoon
`Ryan R. Smith
`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road
`Palo Alto, CA 94304
`jyoon@wsgr.com
`rsmith@wsgr.com
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`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
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`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
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`/s/ Adam W. Poff
`Adam W. Poff (No. 3990)
`Samantha G. Wilson (No. 5816)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`swilson@ycst.com
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`Attorneys for Plaintiff
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