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Case 1:17-cv-00770-RGA-MPT Document 54-1 Filed 11/04/21 Page 1 of 2 PageID #: 9543
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 17-770-RGA
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`JURY TRIAL DEMANDED
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`WIRTGEN AMERICA, INC.
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`Plaintiff/Counterclaim-Defendant,
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`v.
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`CATERPILLAR INC.
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`Defendant/Counterclaim-Plaintiff.
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`[PROPOSED] ORDER GRANTING PLAINTIFF/COUNTERCLAIM-
`DEFENDANT WIRTGEN AMERICA, INC.’S MOTION TO DISMISS
`DEFENDANT/COUNTERCLAIM-PLAINTIFF CATERPILLAR INC.’S THIRD AND
`FOURTH COUNTERCLAIMS FOR FAILURE TO STATE A CLAIM UPON WHICH
`RELIEF CAN BE GRANTED
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`WHEREAS, Plaintiff/Counterclaim-Defendant Wirtgen America,
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`Inc.
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`(“Wirtgen
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`America”) has moved this Court, pursuant to Federal Rule of Civil Procedure 12(b)(6), for an
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`Order granting its motion to dismiss Defendant/Counterclaim-Plaintiff Caterpillar Inc.’s
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`(“Caterpillar”) third and fourth counterclaims in Caterpillar’s Answer to Amended Complaint and
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`Counterclaims for failure to state a claim upon which relief can be granted, see D.I. 43;
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`WHEREAS, this Court has considered the motion and found good cause for the relief
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`sought in the motion; and
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`THEREFORE, IT IS HEREBY ORDERED this __________ day of ______________
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`20__, that Wirtgen America’s motion is GRANTED, and Caterpillar’s third and fourth
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`counterclaims are hereby DISMISSED.
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`____________________________________
`The Honorable Richard G. Andrews
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`Case 1:17-cv-00770-RGA-MPT Document 54-1 Filed 11/04/21 Page 2 of 2 PageID #: 9544
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`CERTIFICATE OF SERVICE
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`I, Adam W. Poff, Esquire, hereby certify that on November 4, 2021, I caused the
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`foregoing document to be served by email upon the following counsel:
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`Bindu A. Palapura
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor
`Wilmington, Delaware 19801
`bpalapura@potteranderson.com
`
`James C. Yoon
`Ryan R. Smith
`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road
`Palo Alto, CA 94304
`jyoon@wsgr.com
`rsmith@wsgr.com
`
`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
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`Attorneys for Defendant Caterpillar, Inc.
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`Dated: November 4, 2021
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`YOUNG CONAWAY STARGATT & TAYLOR, LLP
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`/s/ Adam W. Poff
`Adam W. Poff (No. 3990)
`Rodney Square
`1000 North King Street
`Wilmington, Delaware 19801
`(302) 571-6600
`apoff@ycst.com
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`Attorneys for Plaintiff Wirtgen America, Inc.
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