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Case 1:17-cv-00770-JDW Document 309 Filed 02/05/24 Page 1 of 1 PageID #: 30600
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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 5th day of February, 2024, upon consideration of Defendant
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`Caterpillar, Inc.’s Motion to Exclude Certain Expert Testimony (D.I. 210), and for the reasons
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`stated in the accompanying Memorandum, it is ORDERED that the Motion is GRANTED as
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`to Dr. Pallavi Seth’s damages opinion.
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`To the extent that Wirtgen believes that there are parts of Dr. Seth’s opinion that
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`she can still offer, then no later than February 6, 2023, at 3 p.m. EST, Wirtgen must disclose
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`to Caterpillar which parts of Dr. Seth’s expert report it intends to offer at trial. The Parties
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`shall meet and confer and may raise any disputes at the final pretrial conference on
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`February 8, 2024.
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`BY THE COURT:
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`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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