Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 1 of 54 PageID #: 25906
`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 1 of 54 PagelD #: 25906
`
`EXHIBIT 30
`EXHIBIT 30
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 1 of 54 PagelD #: 25906
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`EXHIBIT 30
`EXHIBIT 30
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 2 of 54 PageID #: 25907
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`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 1
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`
` -------------------------------------X
` WIRTGEN AMERICA, INC., :
` Plaintiff/Counterclaim-Defendant,:
` v. :C.A. No.:
` :1:17-cv-00770-
` CATERPILLAR, INC. :JDW-MPT
` Defendant/Counterclaim-Plaintiff. :
` -------------------------------------X
`
` HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
` UNDER THE PROTECTIVE ORDER
`
` VIDEO DEPOSITION OF DAVID FALCIONE
` March 9, 2023
`
`
` Reporter: Jude Arndt, CSR, CCR, RPR
`
`
` ________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2023
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 3 of 54 PageID #: 25908
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 23
` Inc.? 10:10:43
`
` A. Yes. 10:10:43
`
` Q. Okay. What Caterpillar locations 10:10:44
`
` manufacture cold planers? 10:10:57
`
` A. So the -- 10:11:02
`
` MR. MAYS: I'll object to form. 10:11:16
`
` A. It would be -- Minerbio, Italy, 10:11:16
`
` manufactures cold planers. 10:11:16
`
` The Zhuzhou, China, facility manufactures cold 10:11:19
`
` planers. 10:11:24
`
` And for a time, the North Little Rock, Arkansas, 10:11:24
`
` facility manufactured cold planers, but that was from 10:11:28
`
` June of 2019 to April of 2021. 10:11:33
`
` BY MR. SEKYI: 10:11:49
`
` Q. So the North Little Rock location no 10:11:49
`
` longer manufactures cold planers; is that correct? 10:11:52
`
` A. That's correct. 10:11:55
`
` Q. Who -- what entity -- are these locations 10:11:56
`
` that you mentioned, the Minerbio, Zhuzhou, and Little 10:12:18
`
` Rock, are those locations owned by Cat -- or which 10:12:29
`
` Caterpillar entity owns them? 10:12:34
`
` MR. MAYS: I'll object to form. 10:12:36
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 4 of 54 PageID #: 25909
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 24
` A. So the Minerbio, Italy, facility is owned 10:12:40
`
` by Prodotti Stradali, and that appears on a separate 10:12:53
`
` page of a similar document like the one -- like Exhibit 10:13:00
`
` 1. 10:13:05
`
` BY MR. SEKYI: 10:13:06
`
` Q. Okay. 10:13:07
`
` A. And the Zhuzhou manufacturing facility is 10:13:07
`
` owned by a separate entity, also on a similar page like 10:13:12
`
` the one we are looking at here. 10:13:18
`
` Q. Okay. And what about the North Little 10:13:34
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` Rock location? 10:13:34
`
` A. That one, I'm not certain. 10:13:34
`
` Q. Does the North Little Rock location 10:13:36
`
` currently manufacture any Caterpillar equipment? 10:13:58
`
` A. Yes. 10:14:00
`
` Q. What does it manufacture? 10:14:00
`
` A. I don't know the extent of all of the 10:14:03
`
` products. I do know based on a discussion with Bud 10:14:05
`
` Rife yesterday that they do manufacture paving 10:14:09
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` products, just not cold planers any longer. 10:14:13
`
` Q. Does Caterpillar control what is 10:14:36
`
` manufactured in the North Little Rock facility? 10:14:37
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 5 of 54 PageID #: 25910
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 25
` A. Caterpillar, Inc.? 10:14:43
`
` Q. Any Caterpillar, Inc. -- any Caterpillar 10:14:45
`
` entity have control over what is manufactured at North 10:14:48
`
` Little Rock? 10:14:55
`
` MR. MAYS: Objection. Vague. 10:14:55
`
` A. Yeah, I'm not sure -- I'm not sure how to 10:15:02
`
` answer the question. 10:15:04
`
` BY MR. SEKYI: 10:15:15
`
` Q. You mentioned that Caterpillar Paving 10:15:15
`
` Products are manufactured in the North Little Rock 10:15:15
`
` facility; is that -- 10:15:17
`
` A. Correct. 10:15:18
`
` Q. And I presume that if -- is it fair to say 10:15:22
`
` that if -- that some Caterpillar entity directed that 10:15:25
`
` certain products should be manufactured there? 10:15:32
`
` A. Of course, yes. 10:15:35
`
` Q. And I'm asking which Caterpillar entity 10:15:37
`
` would be -- was that? 10:15:40
`
` A. Specifically for the manufacture of paving 10:15:41
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` products at -- 10:15:45
`
` Q. For the manufacture of paving products at 10:15:46
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` North Little Rock. 10:15:49
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 6 of 54 PageID #: 25911
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 26
` A. Well, that would be the Cat Paving 10:15:51
`
` Products. 10:15:55
`
` Q. Okay. So you -- Cat Paving Products, at 10:15:57
`
` least as far as its products are concerned, directs 10:16:29
`
` what is produced at North Little Rock? 10:16:29
`
` A. Yes. 10:16:30
`
` Q. Is that correct? Okay. Okay. 10:16:31
`
` Does Caterpillar Paving Products lease the North 10:16:32
`
` Little Rock facility? 10:16:46
`
` A. I don't know the answer to that. 10:16:46
`
` Q. Okay. Does the North Little Rock facility 10:16:48
`
` manufacture any other Caterpillar products, apart from 10:17:21
`
` paving products? 10:17:25
`
` A. I don't know. I didn't study that in 10:17:26
`
` preparation for this deposition. 10:17:30
`
` Q. So do you have any understanding of the 10:17:49
`
` basis under which Caterpillar Paving Products directs 10:17:57
`
` what is manufactured at North Little Rock? 10:18:05
`
` A. No. 10:18:08
`
` Q. Going back to Exhibit 1. 10:18:18
`
` When -- my understanding is that this Exhibit 1 10:18:21
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` is representative of Caterpillar's corporate 10:18:33
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 7 of 54 PageID #: 25912
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 27
` organization currently; is that correct? 10:18:39
`
` A. Correct. 10:18:40
`
` Q. Okay. For how long has that been true? 10:18:40
`
` MR. MAYS: Objection. Form. 10:18:47
`
` A. Well, because of the complexity and all of 10:18:50
`
` the different entities on Exhibit 1, I don't know for 10:18:54
`
` sure. 10:18:58
`
` BY MR. SEKYI: 10:18:58
`
` Q. Okay. So you know that this is 10:18:59
`
` Caterpillar's corporate organization today, but we 10:19:07
`
` don't know if this was Caterpillar's corporate 10:19:10
`
` organization five years ago? 10:19:14
`
` A. Correct. 10:19:16
`
` Q. On the top right-hand corner of Exhibit 1, 10:19:23
`
` it says Chart A as of 12-31-2022. 10:19:31
`
` What does that mean? 10:19:39
`
` A. I believe -- 10:19:44
`
` MR. MAYS: I'll object. Foundation. 10:19:45
`
` A. I didn't create this document, but I 10:19:48
`
` believe it to mean that this data is accurate as of 10:19:55
`
` that date. 10:20:00
`
` BY MR. SEKYI: 10:20:17
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 8 of 54 PageID #: 25913
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 28
` Q. Okay. And then just below 12-31-2022 on 10:20:22
`
` the top right-hand corner, just below that, there is a 10:20:26
`
` parenthetical, updated 01-17-2023. 10:20:30
`
` Do you see that? 10:20:37
`
` A. I do. 10:20:38
`
` Q. What's the meaning of that? 10:20:38
`
` MR. MAYS: Objection. Foundation. 10:20:39
`
` A. Presumably that this document was updated 10:20:41
`
` on January 17th of 2023. 10:20:44
`
` BY MR. SEKYI: 10:20:48
`
` Q. Do you know what was updated on January 10:20:49
`
` 17th, 2023? 10:20:52
`
` A. No, I do not. 10:20:54
`
` Q. So between December 31, 2022, and January 10:21:04
`
` 17th, 2023, do you know what Caterpillar's corporate 10:21:10
`
` organization was, in terms of what is shown on Schedule 10:21:17
`
` A? 10:21:22
`
` A. I'm sorry. Can you repeat the question? 10:21:22
`
` Q. Yeah. I said, so between December 31, 10:21:26
`
` 2022, and January 17, 2023, do you know what 10:21:30
`
` Caterpillar's corporate organization was, in terms of 10:21:33
`
` what is shown on Schedule A -- on Chart A, sorry. 10:21:36
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 9 of 54 PageID #: 25914
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 29
` Chart A. 10:21:41
`
` A. Yeah, I just know what is shown on Chart A 10:21:43
`
` as it's evidenced by Exhibit 1. 10:21:47
`
` Q. So in preparation for your deposition 10:21:59
`
` today, you did not check what Caterpillar's corporate 10:22:01
`
` organization was in 2017? 10:22:07
`
` MR. MAYS: I'll object as outside the 10:22:09
`
` scope. 10:22:12
`
` A. No, I did not. 10:22:14
`
` BY MR. SEKYI: 10:22:21
`
` Q. You don't know what Caterpillar's 10:22:21
`
` corporate organization was in 2018? 10:22:22
`
` MR. MAYS: I'll object as misstates the 10:22:24
`
` testimony, and outside the scope. 10:22:27
`
` A. No. 10:22:30
`
` BY MR. SEKYI: 10:22:30
`
` Q. Do you have any idea what Caterpillar's 10:22:34
`
` corporate organization was in 2018? 10:22:36
`
` MR. MAYS: Same objection as to scope. 10:22:40
`
` A. Are you referring to the overall structure 10:22:44
`
` on multiple sheets, or just Chart A, or -- 10:22:47
`
` BY MR. SEKYI: 10:22:52
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 10 of 54 PageID #: 25915
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 30
` Q. Chart A. With respect to Chart A. 10:22:52
`
` Focusing now on what you have got there as Exhibit 1. 10:22:55
`
` A. In all of the entities that are listed on 10:22:58
`
` Chart A? 10:23:01
`
` Q. I'm asking you if this -- you can't tell 10:23:02
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` me -- I'm asking whether you know whether Chart A was 10:23:09
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` accurate as of 2018. 10:23:14
`
` A. I don't know. 10:23:17
`
` Q. As of 2019? 10:23:18
`
` MR. MAYS: Same objections as to scope. 10:23:21
`
` A. I don't know. 10:23:24
`
` BY MR. SEKYI: 10:23:25
`
` Q. As of 2020? 10:23:26
`
` MR. MAYS: Same objections as to scope. 10:23:30
`
` A. I don't know. 10:23:32
`
` BY MR. SEKYI: 10:23:32
`
` Q. You mentioned that you have some 10:24:35
`
` additional charts in front of you, beyond Chart A. 10:24:43
`
` Can I take a look at them? 10:24:48
`
` A. Sure. (Hands documents to attorney.) 10:24:50
`
` Q. Okay. Looking at Chart A. 10:26:30
`
` Is Caterpillar America shown on Chart A? 10:26:45
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 11 of 54 PageID #: 25916
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 31
` A. I don't see it, no. 10:27:02
`
` Q. Okay. Okay. So -- so what does Chart -- 10:27:06
`
` how do I phrase it? 10:27:33
`
` In terms of the overall Caterpillar, Inc., 10:27:35
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` corporate structure, I understand that what is shown in 10:27:46
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` Chart A is a subset of that; is that correct? 10:27:49
`
` A. Yes. 10:27:52
`
` Q. Okay. So what does this -- how would you 10:27:53
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` describe this particular subset of what is shown on 10:27:57
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` Chart A? 10:28:01
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` Are these American affiliates? 10:28:03
`
` A. No, I mean, as the document indicates, 10:28:10
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` there are various entities here, you know, that are 10:28:13
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` incorporated in Delaware, Missouri, but there is also 10:28:18
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` Hong Kong, India, Slovakia, Mexico, Germany. 10:28:22
`
` Q. So how is this -- I'm just trying to 10:28:27
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` understand, you know, how is this different from -- 10:28:31
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` what was the rationale for breaking up the org chart 10:28:38
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` into this particular chart as distinct from the other 10:28:43
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` charts you've brought here today? 10:28:46
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` MR. MAYS: Objection. Foundation. 10:28:48
`
` A. Yeah, I'm not privy to why the structure 10:28:49
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 12 of 54 PageID #: 25917
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 32
` was set up as it is. This is a -- Chart 1 is part of I 10:28:54
`
` think 26 or so pages that outline the various entities 10:29:01
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` and subsidiaries of Caterpillar, Inc. 10:29:06
`
` And so it was just a matter of organizing those 10:29:12
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` to fit in a -- in a one-page or consumable manner. 10:29:13
`
` BY MR. SEKYI: 10:29:18
`
` Q. Okay. But you are not aware of any -- and 10:29:22
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` you have no understanding of any particular rationale 10:29:25
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` for putting one group on one chart versus the other? 10:29:27
`
` A. I do not, no. 10:29:31
`
` Q. Okay. Can we -- I would like to refer to 10:29:33
`
` one of the documents that you have there, and perhaps 10:30:25
`
` we should mark that as an exhibit, which is 10:30:28
`
` Cat-770_070887. 10:30:38
`
` A. I'm sorry. Should I go back to the 10:30:42
`
` explorer, Windows Explorer, or -- 10:30:45
`
` Q. I believe -- you can use the paper copy 10:30:46
`
` there. I believe it's the same. 10:30:51
`
` A. Okay. Do you know which chart it is? Or 10:30:53
`
` should I open it here? 10:30:56
`
` Q. It should have a Bates number on it. 10:30:56
`
` MR. MAYS: It should be -- 10:30:59
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 13 of 54 PageID #: 25918
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 33
` A. Oh, I'm sorry. I'm sorry. I thought it 10:31:01
`
` was the filename over there. My apologies. 10:31:03
`
` BY MR. SEKYI: 10:31:04
`
` Q. It is also the filename over there. 10:31:05
`
` But -- 10:31:07
`
` A. Okay. I understand now. Sorry. 10:31:07
`
` Q. Yeah. So can you hand that to the court 10:31:09
`
` reporter to mark it? This will be Falcione 2. 10:31:32
`
` [Falcione Exhibit 2 10:31:36
`
` marked for identification.] 10:31:42
`
` BY MR. SEKYI: 10:31:42
`
` Q. Mr. Falcione, what is Exhibit Number 2? 10:31:43
`
` A. So very similar to Exhibit Number 1. Just 10:31:48
`
` out -- it's a document that's outlining the 10:31:52
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` subsidiaries, corporate entities, affiliates of 10:31:56
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` Caterpillar, Inc., and their ownership structure. 10:32:01
`
` Q. Okay. Is Caterpillar -- on the chart is 10:32:04
`
` listed Caterpillar Prodotti Stradali, S.r.l., Italy. 10:32:47
`
` Do you see that? 10:33:02
`
` A. I do. 10:33:03
`
` Q. Okay. What is Caterpillar Prodotti 10:33:04
`
` Stradali? 10:33:08
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 14 of 54 PageID #: 25919
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 34
` A. A facility that manufactures paving 10:33:08
`
` products, and particularly cold planers. 10:33:12
`
` Q. Okay. Does it manufacture any other 10:33:15
`
` products apart from cold planers? 10:33:17
`
` A. That, I don't know. 10:33:19
`
` Q. Do you know if it manufactures rotary 10:33:21
`
` mixers? 10:33:24
`
` A. I don't know. 10:33:24
`
` Q. Do you understand what rotary mixers are? 10:33:24
`
` A. No. 10:33:27
`
` Q. You have never seen one? 10:33:28
`
` A. No. 10:33:33
`
` Q. You have never seen any documents relating 10:33:37
`
` to any, as far as you know? 10:33:39
`
` A. No. 10:33:41
`
` Q. And is it fair to say that Caterpillar 10:34:01
`
` Prodotti Stradali is a wholly-owned subsidiary of 10:34:09
`
` Caterpillar -- no. 10:34:10
`
` What is the corporate relationship between 10:34:13
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` Caterpillar, Inc., and Caterpillar Prodotti Stradali? 10:34:16
`
` A. So Caterpillar Prodotti Stradali is a 10:34:18
`
` wholly-owned subsidiary of Caterpillar, Inc. 10:34:21
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 15 of 54 PageID #: 25920
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 35
` Q. Okay. In the chart -- which I believe is 10:34:33
`
` labeled I-1, Chart I-1 on the top right-hand corner. 10:34:33
`
` A. Yes. 10:34:36
`
` Q. I see that the topmost box contains 10:34:37
`
` Caterpillar, Inc.; is that correct? 10:34:48
`
` A. In the center? 10:34:48
`
` Q. Yes, in the center. 10:34:48
`
` A. Yes. 10:34:52
`
` Q. Okay. And then right below that is 10:34:52
`
` Caterpillar Americas Company. 10:34:55
`
` A. Yes. 10:34:57
`
` Q. Do you see that? 10:34:58
`
` A. I do. 10:34:59
`
` Q. Okay. What is Caterpillar Americas 10:35:00
`
` Company? 10:35:02
`
` A. I'm not exactly certain. As part of my 10:35:02
`
` preparation for the deposition, I was focused 10:35:08
`
` specifically on those entities in relation to Paving 10:35:10
`
` Products. 10:35:13
`
` Q. Okay. So how is Caterpillar Prodotti 10:35:13
`
` Stradali related to Caterpillar Paving Products? 10:35:19
`
` A. I could just say that Caterpillar Prodotti 10:35:36
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 16 of 54 PageID #: 25921
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 36
` Stradali is a wholly-owned subsidiary of Caterpillar, 10:35:38
`
` Inc. 10:35:45
`
` Q. Okay. For Caterpillar Americas Company, 10:35:45
`
` on this chart in Exhibit 2, I notice there is a little 10:35:53
`
` red A, capital A, in that box. 10:36:01
`
` Do you see that? 10:36:05
`
` A. I do. Yes. 10:36:06
`
` Q. What is the meaning of that capital A? 10:36:07
`
` A. I believe it's just referring to the 10:36:11
`
` legend in yellow on the left. 10:36:14
`
` Q. And what does the legend in yellow on the 10:36:16
`
` left say? 10:36:19
`
` A. Do you want me to read it? 10:36:20
`
` Q. Yes, read it, and if you could explain to 10:36:27
`
` me what it means. 10:36:29
`
` A. Well, it states -- the document states 10:36:31
`
` 35.68 percent owned by Perkins Holdings Limited LLC. 10:36:35
`
` And then it states, note, Caterpillar, Inc., has 10:36:41
`
` 100 percent voting rights. 10:36:43
`
` Q. Uh-huh. Yes. So what does that mean? 10:36:45
`
` MR. MAYS: Objection. Foundation. And 10:36:52
`
` outside the scope. 10:36:54
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 17 of 54 PageID #: 25922
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 37
` A. Well, I think it speaks for itself. It 10:36:59
`
` indicates that Caterpillar Americas Company is 35.68 10:37:02
`
` percent owned by Perkins Holdings Limited. 10:37:09
`
` BY MR. SEKYI: 10:37:12
`
` Q. Who is Caterpillar Perkins Holdings 10:37:12
`
` Company -- or what? 10:37:15
`
` A. I don't know. 10:37:20
`
` Q. Okay. So that's, I guess, what is a 10:37:26
`
` little confusing to me. 10:37:32
`
` You are saying that Caterpillar Prodotti 10:37:35
`
` Stradali is 100 percent owned by Caterpillar, Inc. But 10:37:37
`
` that is -- if I understand this chart properly, it's 10:37:40
`
` via ownership of Caterpillar Americas Company; is that 10:37:44
`
` correct? 10:37:51
`
` A. That's the way it appears. 10:38:01
`
` Q. Okay. But is Caterpillar Americas Company 10:38:01
`
` a wholly-owned subsidiary of Caterpillar, Inc.? 10:38:10
`
` A. Well, the document states that it's 64.32 10:38:19
`
` percent owned by Caterpillar, Inc., and 35.68 percent 10:38:24
`
` owned by Perkins Holding Limited. 10:38:30
`
` Q. So how is Caterpillar Prodotti Stradali -- 10:38:31
`
` so if I understand correctly, Caterpillar, Inc. owns 10:38:34
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`202-232-0646
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`Case 1:17-cv-00770-JDW Document 250-30 Filed 10/25/23 Page 18 of 54 PageID #: 25923
`
`3/9/2023
`
`David Falcione
`Wirtgen America Inc. v. Caterpillar Inc.
`Highly Confidential - Attorneys' Eyes Only - Under the Protective Order
`
`Page 38
` Caterpillar Americas Company, which ultimately owns 10:38:41
`
` Caterpillar Prodotti Stradali; is that correct? 10:38:47
`
` A. That's what the document suggests, yes. 10:38:58
`
` Q. So then how does Caterpillar own more than 10:38:58
`
` 64.32 percent of Caterpillar Prodotti Stradali? 10:38:58
`
` MR. MAYS: Objection. Outside the scope. 10:39:06
`
` A. I can't say. 10:39:10
`
` BY MR. SEKYI: 10:39:17
`
` Q. But it's your testimony today here that 10:39:17
`
` Caterpillar, Inc., owns -- Caterpillar Prodotti 10:39:19
`
` Stradali is a wholly-owned subsidiary of Caterpillar, 10:39:21
`
` Inc.; is that correct? 10:39:25
`
` A. That was -- that was my understanding. 10:39:25
`
` Q. And it still remains your understanding? 10:39:26
`
` A. Yes. 10:39:31
`
` Q. And you don't know who owns Perkins 10:39:32
`
` Holdings Limited LLC? 10:39:43
`
` A. Not as I sit here, no. 10:39:44
`
` MR. MAYS: Objection. Misstates the 10:39:46
`
` document. 10:39:48
`
` BY MR. SEKYI: 10:39:53
`
` Q. Do you know who owns Perkins Holdings 10:39:53
`
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`202-232-0646
`
`
`
`
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