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Case 1:17-cv-00770-JDW Document 260 Filed 11/02/23 Page 1 of 1 PageID #: 29249
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 1:17-cv-00770-JDW
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`JURY TRIAL DEMANDED
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`WIRTGEN AMERICA, INC.
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`Plaintiff,
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`v.
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`CATERPILLAR INC.
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`Defendant.
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`DECLARATION OF JOSEPH H. KIM IN SUPPORT OF WIRTGEN AMERICA, INC.’S
`REPLY BRIEF TO ITS COMBINED MOTION FOR PARTIAL SUMMARY
`JUDGMENT AND MOTION TO EXCLUDE INADMISSIBLE EXPERT TESTIMONY
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`I am an attorney with Sterne, Kessler, Goldstein & Fox P.L.L.C., and serve as counsel for
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`Plaintiff Wirtgen America, Inc. I submit this declaration in support of Plaintiff’s opposition to
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`Caterpillar Inc.’s motions to exclude certain expert testimony and for summary judgment. I have
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`personal knowledge of the matters stated in this Declaration and could testify to them competently
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`if called upon to do so.
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`1.
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`Attached hereto as Exhibit A is a true and correct excerpt of the transcript of the
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`Videotaped Deposition of Dr. John Lumkes, taken on August 11, 2023.
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct.
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`Executed this second day of November 2023, at Washington, D.C.
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`/s/ Joseph Kim
`Joseph H. Kim
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