`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`WIRTGEN AMERICA,INC.,
`
`Plaintiff,
`
`v.
`
`CATERPILLARINC.,
`
`Defendant.
`
`
`C.A. No: 17-770-JDW
`
`
`DECLARATION OF JIM MCEVOY
`
`
`
`IN SUPPORT OF WIRTGEN AMERICA,INC.’S JOINT MOTION FOR LEAVE
`TO FILE UNDER SEAL
`
`Tam currently President and CEO of Wirtgen America Inc.
`
`I submit this declaration in support of the parties’ joint motion for leave to file underseal
`
`certain portions of Caterpillar’s Motion to exclude Wirtgen’s expert testimony.
`
`Ihave personal knowledge of the matters stated in this Declaration and could testify to
`
`them competently if called upon to do so.
`
`As itemized in Wirtgen’s Brief in support of the parties’ Motion for Leave, Caterpillar’s
`
`motion cites various exhibits from the Seth Opening Expert Report (Wirtgen’s damages expert
`
`report) that disclose specific dollar numbers for Wirtgen’s lost profits, unit sales, and net
`
`revenues,
`
`This information is highly confidential business information and extremely sensitive to
`
`Wirtgen America. Should this information become public, it would place Wirtgen America at a
`
`competitive disadvantage in the marketplace and potentially harm Wirtgen America’s market
`
`
`
`Case 1:17-cv-00770-JDW Document 216 Filed 10/05/23 Page 2 of 3 PagelD #: 16474
`
`share and customerrelationships. It also places Wirtgen America at a competitive disadvantage
`
`to Caterpillar specifically.
`
`] declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct.
`
`Executed this 5th day of October 2023, in Nashville, Tennessee.
`
`
`
`is/ GlamesWoCiay
`
`Jim McEvoy
`
`i)
`
`
`
`Case 1:17-cv-00770-JDW Document 216 Filed 10/05/23 Page 3 of 3 PageID #: 16475
`
`
`
`CERTIFICATE OF SERVICE
`
`I, Adam W. Poff, Esquire, hereby certify that on October 5, 2023, I caused the foregoing
`
`document to be served by email upon the following counsel:
`
`Bindu A. Palapura
`Andrew L. Brown
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor
`Wilmington, DE 19801
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`James C. Yoon
`Ryan R. Smith
`Christopher Mays
`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road
`Palo Alto, CA 94304
`jyoon@wsgr.com
`rsmith@wsgr.com
`cmays@wsgr.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
`
`caterpillar@wsgr.com
`
`
`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`
`/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
`
`Attorneys for Plaintiff
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
