`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
`
`
`WIRTGEN AMERICA, INC.,
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`Plaintiff,
`
`
`
`
`
`v.
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`CATERPILLAR, INC.,
`
`
`
`
`
`Defendant.
`
`
`
`
`
`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 review of the Parties’ [Proposed]
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`Joint Pretrial Order (D.I. 299), I note as follows.
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`1.
`
`2.
`
`Trial in this case is scheduled for five days.
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`The Parties have designated over 6,000 potential trial exhibits, and by my
`
`estimation, they have objected to more than half of those exhibits. (See D.I. 299-9.)
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`3.
`
`The Parties have, between them, designated approximately 35 different
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`transcripts that they might read or play into the record at trial. (See D.I. 299-7, 299-8.)
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`Collectively, there are more than 70 pages of deposition designations, almost all of
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`which have counterdesignations. Again, by my quick survey of the submissions, the
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`Parties have objected to approximately half (and maybe more) of all designations,
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`along with objections to counterdesignations.
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`4.
`
`These disclosures reflect an unserious effort to narrow the evidence to be
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`presented at trial. It is, instead, an example of lawyers who want to keep all options
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`
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`Case 1:17-cv-00770-JDW Document 310 Filed 02/05/24 Page 2 of 3 PageID #: 30602
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`open at trial and are therefore unwilling to make the hard choices that trial preparation
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`entails.
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`5.
`
`In offering these designations and exhibits, the Parties would foist on my
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`staff and me weeks of time to resolve objections for a huge volume of material that will
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`never be introduced at trial. That is not an appropriate use of judicial resources.
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`6.
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`The Parties must do better.
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`Therefore, it is ORDERED as follows:
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`1.
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`On or before 5 p.m. EST on February 6, 2024, each Party shall disclose to
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`the other a list of exhibits and deposition designations that it anticipates using at trial
`
`next week;
`
`2.
`
`The Parties shall meet and confer in a good faith effort to narrow the
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`objections to the materials that they will use;
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`3.
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`By 10 p.m. EST on February 7, 2024, the Parties shall file on the docket
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`revised versions of their exhibit list and proposed deposition designations, with
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`objections for both categories; and
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`4.
`
`If I determine that the volume of exhibits is still unreasonably large, then I
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`will charge the time that I and my staff spend resolving the exhibits against the Parties’
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`trial time, with the time deducted from the time for the Party that loses the ruling on a
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`particular objection.
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`2
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`
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`Case 1:17-cv-00770-JDW Document 310 Filed 02/05/24 Page 3 of 3 PageID #: 30603
`
`BY THE COURT:
`
`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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`3
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