`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
`
`)))))))))
`
`WIRTGEN AMERICA, INC.,
`
`Plaintiff,
`
`v.
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`CATERPILLAR INC.,
`
`Defendant.
`
`[PROPOSED] ORDER
`
`The Court, having considered the Joint Motion to Seal (the “Motion”), IT IS HEREBY
`
`ORDERED this __ day of _______________, 2023 that the Motion is GRANTED.
`
`Leave is given for Plaintiff Wirtgen America, Inc. (“Wirtgen”) and Defendant Caterpillar
`
`Inc. (“Caterpillar”) to file the following documents with the highlighted portions redacted:
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`
`
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`
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`
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`
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`Wirtgen America, Inc.’s Opening Brief In Support Of Its Combined Motion For Partial
`Summary Judgment And Motion To Exclude Inadmissible Expert Testimony (the
`“Wirtgen Brief”);
`
`The Statement of Undisputed Material Facts in support of Plaintiff’s Motion to Exclude
`Certain Expert Testimony and for Summary Judgment (the “Wirtgen Statement”);
`
`Exhibits 4, 11, and 12 to the Statement of Undisputed Material Facts in support of
`Plaintiff’s Motion to Exclude Certain Expert Testimony and for Summary Judgment (the
`“Wirtgen Statement Exhibits”);
`
`Caterpillar Inc.’s Opening Brief in Support of Motions to Exclude Certain Expert
`Testimony and for Summary Judgment (the “Caterpillar Brief”);
`
`The Parties’ Joint Compiled Statement of Material Facts in Relation to Caterpillar’s
`Motions for Summary Judgment (the “Caterpillar Statement”);
`
`Exhibits 13, 15, 39-42, 89, and 90 to the Parties’ Joint Compiled Statement of Material
`Facts in Relation to Caterpillar’s Motions for Summary Judgment (the “Caterpillar
`Statement Exhibits”); and
`
`Exhibits 1-5, and 19 of the Declaration of Lucy Yen in Support of Caterpillar Inc.’s
`Opening Brief in Support of Motions to Exclude Certain Expert Testimony and for
`Summary Judgment (the “Yen Decl. Exhibits”).
`
`
`
`Case 1:17-cv-00770-JDW Document 208-1 Filed 10/05/23 Page 2 of 2 PageID #: 15657
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`Furthermore, the following documents shall remain under seal in their entirety:
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`
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`Caterpillar Statement Exhibit Nos. 59 and 60
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`___________________________________________________
`THE HONORABLE JOSHUA D. WOLSON
`UNITED STATES DISTRICT JUDGE
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`2
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