`Case 1:17-cv-00770-JDW-MPT Document 139-1 Filed 01/23/23 Page 1 of 4 PagelD #: 15042
`
`EXHIBIT A
`EXHIBIT A
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`
`
`Case 1:17-cv-00770-JDW-MPT Document 139-1 Filed 01/23/23 Page 2 of 4 PageID #: 15043
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Yoon, James
`Ryan D. Levy; Yen, Lucy
`painsworth@sternekessler.com; Joseph H. Kim; Seth Ogden; Dominic A. Rota; Carlson, Erik; Mays, Christopher;
`Ward, Jennifer; Liston, Ian; Ramos, Kathie
`Re: Wirtgen v. CAT - Discovery Proposal
`Thursday, December 8, 2022 3:57:13 PM
`
`Caution! This message was sent from outside your organization.
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`
`Ryan,
`
`Hope all is well.
`
`Following up on your email, Caterpillar can agree to your discovery proposals
`with regard to:
`
`
`30(b)(6) depositions. The 20-hour limit and the proposed dates.
`Increasing RFAs to 150 for each side (not party; we should discuss to avoid
`confusion)
`Increasing ROGs to 40 for each side (not party; we should discuss to avoid
`confusion)
`
`
`Caterpillar does not agree to an increase in the maximum number of fact
`deposition hours.
`
`Talk to you soon,
`
`Jim
`
`James Yoon
`Wilson Sonsini Goodrich & Rosati
`650 Page Mill Road
`Palo Alto, CA 94304
`650-320-4726 (Direct)
`650-714-8493 (Cell #1: Normal Work Cell)
`650-229-2649 (Cell #2: Remote Work Cell)
`Email: jyoon@wsgr.com
`
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 139-1 Filed 01/23/23 Page 3 of 4 PageID #: 15044
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`
`
`From: Ryan D. Levy <rdl@iplawgroup.com>
`Date: Wednesday, December 7, 2022 at 6:52 AM
`To: Yoon, James <JYoon@wsgr.com>, Yen, Lucy <LYen@wsgr.com>
`Cc: painsworth@sternekessler.com <painsworth@sternekessler.com>, Joseph H. Kim
`<JOSEPHK@sternekessler.com>, Seth Ogden <sro@iplawgroup.com>, Dominic A. Rota
`<dar@iplawgroup.com>
`Subject: Wirtgen v. CAT - Discovery Proposal
`
`EXT - rdl@iplawgroup.com
`
`
`Jim-
`
`We wanted to follow up on our discussion regarding increasing the limits for requests for admission,
`interrogatories, and depositions noted in the Scheduling Order (D.I. 28).
`
`Under Paragraph 3(d) of the Scheduling Order, a maximum of one hundred (100) RFAs are permitted
`for each party, exclusive of requests directed to document authentication. Under Paragraph 3(e), a
`maximum of twenty-five (25) ROGs—including contention ROGs—are permitted for each party. And
`Paragraph 3(f)(i) establishes a limitation of one hundred (100) hours of taking testimony of fact
`witnesses by deposition, for each side.
`
`Below is what we proposed on our phone call:
`
`
`Increasing the maximum number of RFAs to one hundred fifty (150), for each party;
`Increasing the maximum number of ROGs to forty (40), for each party; and
`Increasing the maximum number of deposition hours to one hundred (150), of taking
`testimony of fact witnesses by deposition, for each side; notably, all such hours would be
`exclusive of depositions of third-parties.
`
`
`Furthermore, we also agree to increase the number of testimony hours for a 30(b)(6) witness to 20
`hours and have also outlined a framework below for handling the 30(b)(6) depositions. Our proposal
`would be:
`
`
`Exchange 30(b)(6) topics prior to Dec. 30;
`Meet and Confer prior to Jan. 13; and
`Final Agreement prior to Jan. 27.
`
`
`Please let us know if you are in agreement with all of the above. We can then circulate a draft
`stipulation for your review.
`
`
`
`
`
`Case 1:17-cv-00770-JDW-MPT Document 139-1 Filed 01/23/23 Page 4 of 4 PageID #: 15045
`
`Ryan D. Levy | Managing Shareholder
`PATTERSON INTELLECTUAL PROPERTY LAW
`Phone: 615.242.2400 | Fax: 615.242.2221 | rdl@iplawgroup.com
`Roundabout Plaza | 1600 Division Street, Suite 500
`Nashville, TN 37203
`
`
`
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