Case 1:17-cv-00770-JDW Document 324-1 Filed 02/08/24 Page 1 of 5 PageID #: 30715
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`Exhibit A
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`Exhibit A
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`Case 1:17-cv-00770-JDW Document 324-1 Filed 02/08/24 Page 2 of 5 PageID #: 30716
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`From:
`Sent:
`To:
`
`Cc:
`
`Subject:
`
`Yen, Lucy <LYen@wsgr.com>
`Friday, February 2, 2024 9:57 PM
`Deirdre Wells; Dang, Michelle; WSGR - Caterpillar Litigation; Potter IPservice; External-
`Bindu Palapura (potteranderson.com)
`Wirtgen DCT Lit; wirtgen1-litigation@iplawgroup.com; APOFF@ycst.com;
`pkraman@ycst.com; swilson@ycst.com
`Wirtgen v. Caterpillar: Dr. Seth
`
`EXTERNAL EMAIL: Use caution before clicking links or attachments.
`
`
`Dear Counsel:
`
`
`Pursuant to the Court’s guidance at yesterday’s hearing, please let us know as soon as possible:
`
`
`1. Does Wirtgen America still intend to call Dr. Seth?
`2. Will she be opining on a damages number? If so, what is that number? What is the damages theory and related
`analysis?
`3. Please identify the portions of Dr. Seth’s existing report that support the above.
`
`
`
`Given the upcoming pretrial conference and trial, and consistent with the Court’s guidance, we need this information as
`soon as possible.
`
`
`Thank you for your cooperation.
`
`
`Regards,
`Lucy
`
`
`
`From: Deirdre Wells <DWELLS@sternekessler.com>
`Sent: Thursday, January 18, 2024 4:50 PM
`To: Dang, Michelle <mdang@wsgr.com>; Yen, Lucy <LYen@wsgr.com>; WSGR - Caterpillar Litigation
`<caterpillar@wsgr.com>; Potter IPservice <IPservice@potteranderson.com>; External-Bindu Palapura
`(potteranderson.com) <bpalapura@potteranderson.com>
`Cc: Wirtgen DCT Lit <Wirtgendctlit@sternekessler.com>; wirtgen1-litigation@iplawgroup.com; APOFF@ycst.com;
`pkraman@ycst.com; swilson@ycst.com
`Subject: RE: Wirtgen v. Caterpillar: Updated sales numbers
`
`
`EXT - dwells@sternekessler.com
`
`
`
`Michelle,
`
`
`Any update here? We need Caterpillar’s updated sales information to update the damages numbers.
`
`
`Best,
`Deirdre
`
`
`1
`
`
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`Case 1:17-cv-00770-JDW Document 324-1 Filed 02/08/24 Page 3 of 5 PageID #: 30717
`
`
`
`Deirdre M. Wells (She/Her)
`Director
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`Email: dwells@sternekessler.com
`Direct: 202.772.8985
`
`
`From: Dang, Michelle <mdang@wsgr.com>
`Sent: Wednesday, January 17, 2024 11:16 PM
`To: Deirdre Wells <DWELLS@sternekessler.com>; Yen, Lucy <LYen@wsgr.com>; WSGR - Caterpillar Litigation
`<caterpillar@wsgr.com>; Potter IPservice <IPservice@potteranderson.com>; External-Bindu Palapura
`(potteranderson.com) <bpalapura@potteranderson.com>
`Cc: Wirtgen DCT Lit <Wirtgendctlit@sternekessler.com>; wirtgen1-litigation@iplawgroup.com; APOFF@ycst.com;
`pkraman@ycst.com; swilson@ycst.com
`Subject: RE: Wirtgen v. Caterpillar: Updated sales numbers
`
`
`EXTERNAL EMAIL: Use caution before clicking links or attachments.
`
`
`
`Hi Deirdre,
`
`
`We are still working through the issue and apologize for any inconvenience. We will endeavor to make the production
`as soon as we can.
`
`
`Best,
`
`
`Michelle
`
`
`From: Deirdre Wells <DWELLS@sternekessler.com>
`Sent: Wednesday, January 17, 2024 9:01 PM
`To: Dang, Michelle <mdang@wsgr.com>; Yen, Lucy <LYen@wsgr.com>; WSGR - Caterpillar Litigation
`<caterpillar@wsgr.com>; Potter IPservice <IPservice@potteranderson.com>; External-Bindu Palapura
`(potteranderson.com) <bpalapura@potteranderson.com>
`Cc: Wirtgen DCT Lit <Wirtgendctlit@sternekessler.com>; wirtgen1-litigation@iplawgroup.com; APOFF@ycst.com;
`pkraman@ycst.com; swilson@ycst.com
`Subject: RE: Wirtgen v. Caterpillar: Updated sales numbers
`
`
`EXT - dwells@sternekessler.com
`
`
`
`Michelle,
`
`
`Please let us know when we will receive this production.
`
`
`Best,
`Deirdre
`
`Deirdre M. Wells (She/Her)
`Director
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`Email: dwells@sternekessler.com
`Direct: 202.772.8985
`
`
`
`
`2
`
`
`
`Case 1:17-cv-00770-JDW Document 324-1 Filed 02/08/24 Page 4 of 5 PageID #: 30718
`
`From: Dang, Michelle <mdang@wsgr.com>
`Sent: Tuesday, January 16, 2024 8:18 PM
`To: Yen, Lucy <LYen@wsgr.com>; Deirdre Wells <DWELLS@sternekessler.com>; WSGR - Caterpillar Litigation
`<caterpillar@wsgr.com>; Potter IPservice <IPservice@potteranderson.com>; External-Bindu Palapura
`(potteranderson.com) <bpalapura@potteranderson.com>
`Cc: Wirtgen DCT Lit <Wirtgendctlit@sternekessler.com>; wirtgen1-litigation@iplawgroup.com; APOFF@ycst.com;
`pkraman@ycst.com; swilson@ycst.com
`Subject: RE: Wirtgen v. Caterpillar: Updated sales numbers
`
`
`EXTERNAL EMAIL: Use caution before clicking links or attachments.
`
`
`
`Counsel,
`
`
`Due to technical difficulties, we anticipate producing Caterpillar’s updated sales information tomorrow. Thank you in
`advance for your understanding.
`
`
`Best,
`
`
`Michelle
`
`
`From: Yen, Lucy <LYen@wsgr.com>
`Sent: Monday, January 15, 2024 1:14 PM
`To: Deirdre Wells <DWELLS@sternekessler.com>; WSGR - Caterpillar Litigation <caterpillar@wsgr.com>; Potter IPservice
`<IPservice@potteranderson.com>; External-Bindu Palapura (potteranderson.com) <bpalapura@potteranderson.com>
`Cc: Wirtgen DCT Lit <Wirtgendctlit@sternekessler.com>; wirtgen1-litigation@iplawgroup.com; APOFF@ycst.com;
`pkraman@ycst.com; swilson@ycst.com
`Subject: RE: Wirtgen v. Caterpillar: Updated sales numbers
`
`
`Dear Deidre:
`
`
`As discussed, we are prepared to provide updated sales information through October 2023. With respect to updated
`damages numbers, could we move that date up to January 25 to give us time to consider the information in advance of
`the January 29 Pretrial Order?
`
`
`Thank you for your cooperation.
`
`
`Regards,
`Lucy
`
`
`
`From: Deirdre Wells <DWELLS@sternekessler.com>
`Sent: Monday, December 11, 2023 4:18 PM
`To: WSGR - Caterpillar Litigation <caterpillar@wsgr.com>; Potter IPservice <IPservice@potteranderson.com>; External-
`Bindu Palapura (potteranderson.com) <bpalapura@potteranderson.com>
`Cc: Wirtgen DCT Lit <Wirtgendctlit@sternekessler.com>; wirtgen1-litigation@iplawgroup.com; APOFF@ycst.com;
`pkraman@ycst.com; swilson@ycst.com
`Subject: Wirtgen v. Caterpillar: Updated sales numbers
`
`
`EXT - dwells@sternekessler.com
`
`
`3
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`
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`Case 1:17-cv-00770-JDW Document 324-1 Filed 02/08/24 Page 5 of 5 PageID #: 30719
`Counsel,
`
`
`Both sides have indicated that they will produce updated sales data to account for sales made after their respective
`latest financial document production. We think it makes sense to agree to both the cutoff date for the updated sales
`and a date on which the parties agree to mutually exchange the update documents. We propose the parties agree to a
`mutual production on January 15, 2024 and a mutual update of any damages numbers by January 29, 2024. Please let
`us know if you agree and, if so, what time frame of sales you will be able to produce.
`
`
`Best,
`Deirdre
`
`
`
`
`
` Deirdre M. Wells (She/Her)
`Director
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1101 K Street NW, 10th Floor, Washington, DC 20005
`
`Email: dwells@sternekessler.com
`Direct: 202.772.8985
`
`
`Please be aware as of August 1, 2023, the Sterne, Kessler, Goldstein & Fox office address is 1101 K
`Street, NW, 10th Floor, Washington, DC 20005. Information about our new address is being provided
`for your awareness and updating of our firm profile, your records, etc. if/as needed.
`
`Notice: The information in this electronic transmission (including any attachments) may contain
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`named above. If you are not an intended recipient or an authorized agent, you are hereby notified
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`This email and any attachments thereto may contain private, confidential, and privileged material for the sole
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`This email and any attachments thereto may contain private, confidential, and privileged material for the sole
`use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by
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`4
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