`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`WIRTGEN AMERICA, INC.,
`
`Plaintiff/Counterclaim-Defendant,
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`C.A. No. 17-770-JDW
`
`
`
`CATERPILLAR INC.,
`
`
` Defendant/Counterclaim-Plaintiff.
`
`
`
`[PROPOSED] ORDER
`
`At Wilmington, this _____ day of _______________, 2024, having considered Plaintiff
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`Wirtgen America, Inc.’s Motion To Strike (the “Motion”), and all papers and argument submitted
`
`in connection therewith, the Court hereby ORDERS that Wirtgen’s Motion is GRANTED. The
`
`Exhibits filed as D.I. 368 (Declaration of Richard W. Klopp) and D.I. 367 (Declaration of
`
`Andrew W. Smith) in support of Caterpillar’s Motion Regarding Estoppel Defenses are hereby
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`stricken from the record as untimely.
`
`It is so ordered.
`
`
`
`
`
`
`
`
`
`
`The Honorable Joshua D. Wolson
`United States District Judge
`
`
`
`1
`
`
`
`Case 1:17-cv-00770-JDW Document 378-1 Filed 05/10/24 Page 2 of 2 PageID #: 34519
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`
`
`CERTIFICATE OF SERVICE
`
`I, Adam W. Poff Esquire, hereby certify that on May 10, 2024, 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, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`jyoon@wsgr.com
`rsmith@wsgr.com
`cmays@wsgr.com
`
`
`
`
`
`
`
`
`
`Lucy Yen
`Michelle Dang
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
`mdang@wsgr.com
`
`Matthew A. Macdonald
`Naoya Son
`Alexander Turner
`Neil N. Desai
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`953 East Third Street
`Suite 100
`Los Angeles, CA 90013
`matthew.macdonald@wsgr.com
`nson@wsgr.com
`aturner@wsgr.com
`ndesai@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
`
`
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