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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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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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`Case No. 1:17-cv-00770-JDW
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`ORDER
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`AND NOW, this 11th day of December, 2023, it is ORDERED that Paragraphs 13-
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`15 of the Scheduling Order (D.I. 28) are VACATED.
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`It is FURTHER ORDERED as follows:
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`1. No later than January 12, 2024, counsel for each party shall exchange a list
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`identifying each exhibit the party expects to offer at trial, and each witness the party may
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`and will call at trial;
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`2. All motions in limine shall be filed on or before January 19, 2024. Responses,
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`if any, shall be filed no later than February 2, 2024. Given the proximity to trial, the Court
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`will not permit Replies.
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`3.
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`No later than January 26, 2024, each party shall submit proposed jury questions
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`for voir dire via e-mail in Word format to Chambers_of_Judge_Wolson@paed.uscourts.gov
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`with “voir dire questions” in the subject line;
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`Case 1:17-cv-00770-JDW Document 269 Filed 12/11/23 Page 2 of 3 PageID #: 29436
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`4.
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`No later than January 26, 2024, each party shall submit a proposed jury
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`verdict sheet;
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`5.
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`No later than January 26, 2024, the Parties shall file proposed jury
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`instructions on substantive issues with an electronic copy e-mailed in Word format to
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`Chambers_of_Judge_Wolson@paed.uscourts.gov with “jury instructions” in the subject
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`line. Proposed jury instructions should be submitted as a joint submission, and for any
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`instructions on which the Parties do not agree, plaintiff’s proposal shall be in italics and
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`defendant’s submission shall be in bold, with citations to the sources of law upon which
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`each proposed instruction is based;
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`6. No later than January 29, 2024, the parties shall file a pretrial order. The Parties
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`shall include in their pretrial order all information required by Fed. R. Civ. P. 26(a)(3) and
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`Local Rule of Civil Procedure 16.3(c);
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`7.
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`On or before February 5, 2024, the Parties shall submit to the Court all
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`exhibits that the Parties intend to use at trial. If the Parties intend to present evidence
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`electronically, then the exhibits shall be submitted electronically (on a memory stick, CD,
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`or DVD) with each exhibit as a separate file. If the Parties do not intend to present
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`evidence electronically, then the exhibits shall be submitted in a binder, with each exhibit
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`separately tabbed. Exhibits shall be consecutively numbered (i.e., Ex. 1, Ex. 2, etc., rather
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`than P-1, P-2, etc. and D-1, D-2, etc.), and the Parties must confer in advance of the
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`submission to eliminate duplication in the exhibits that they submit. The exhibits must be
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`2
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`Case 1:17-cv-00770-JDW Document 269 Filed 12/11/23 Page 3 of 3 PageID #: 29437
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`accompanied by a table of contents that lists each exhibit and sets forth whether there is
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`an objection to the admission of the document in evidence at the trial and the basis for
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`any such objection;
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`8.
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`A final pretrial conference will be held on February 8, 2024 at 10:00 a.m. in
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`Chambers Room 12613, United States District Court, 601 Market Street, Philadelphia, PA
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`19106. Counsel shall be prepared to discuss any pending motions in limine, objections
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`to witnesses and exhibits, any stipulations of uncontested facts, how much time each Party
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`needs for trial, and whether the Court should impose any time-limits; and
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`9.
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`Counsel for all Parties shall refer to Judge Wolson’s Policies and Procedures
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`regarding all matters of correspondence with the Court.
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`BY THE COURT:
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`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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`3
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