Case 1:17-cv-00770-JDW Document 325 Filed 02/09/24 Page 1 of 8 PageID #: 30727
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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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`
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`CATERPILLAR INC.,
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`
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`Plaintiff/Counterclaim-Defendant,
`
`v.
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`Defendant/Counterclaim-Plaintiff.
`
`
`
`
`
`
`
`C.A. No. 17-770-JDW
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`JOINT MOTION FOR EXEMPTION OF PERSON FROM THE DISTRICT OF
`DELAWARE’S MAY 15, 2023 STANDING ORDER ON PERSONAL DEVICES
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`The parties jointly move for an Order to exempt certain persons from the District of
`
`Delaware’s May 15, 2023 Standing Order on Procedures Regarding the Possession and Use of
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`Cameras and Personal Electronic Devices by Visitors to the J. Caleb Boggs Federal Building and
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`United States Courthouse (the “May 15, 2023 Standing Order”). In support of this Motion, the
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`parties state as follows:
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`1. The District of Delaware’s May 15, 2023 Standing Order provides procedures to
`
`regulate the possession and use of personal electronic devices by visitors to the J. Caleb Boggs
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`Federal Building and United States Courthouse, which require visitors to place personal
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`electronic devices in a locked pouch provided by U.S. Marshals. Paragraph 4 of the May 15,
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`2023 Standing Order provides for certain exemptions to the Standing Order.
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`2. A trial is scheduled in this case for February 12, 2024 through February 16, 2024.
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`Courtroom setup for trial is scheduled on February 9, 2024.
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`WIRTGEN AMERICA, INC.,
`
`
`
`
`
`CATERPILLAR INC.,
`
`
`
`Plaintiff/Counterclaim-Defendant,
`
`v.
`
`Defendant/Counterclaim-Plaintiff.
`
`
`
`
`
`
`
`C.A. No. 17-770-JDW
`
`
`
`
`
`
`
`
`
`
`
`JOINT MOTION FOR EXEMPTION OF PERSON FROM THE DISTRICT OF
`DELAWARE’S MAY 15, 2023 STANDING ORDER ON PERSONAL DEVICES
`
`The parties jointly move for an Order to exempt certain persons from the District of
`
`Delaware’s May 15, 2023 Standing Order on Procedures Regarding the Possession and Use of
`
`Cameras and Personal Electronic Devices by Visitors to the J. Caleb Boggs Federal Building and
`
`United States Courthouse (the “May 15, 2023 Standing Order”). In support of this Motion, the
`
`parties state as follows:
`
`1. The District of Delaware’s May 15, 2023 Standing Order provides procedures to
`
`regulate the possession and use of personal electronic devices by visitors to the J. Caleb Boggs
`
`Federal Building and United States Courthouse, which require visitors to place personal
`
`electronic devices in a locked pouch provided by U.S. Marshals. Paragraph 4 of the May 15,
`
`2023 Standing Order provides for certain exemptions to the Standing Order.
`
`2. A trial is scheduled in this case for February 12, 2024 through February 16, 2024.
`
`Courtroom setup for trial is scheduled on February 9, 2024.
`
`
`
`
`
`
`
`
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`Case 1:17-cv-00770-JDW Document 325 Filed 02/09/24 Page 2 of 8 PageID #: 30728
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`
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`For Plaintiff Wirtgen America, Inc.
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`3. The following paralegals and/or support staff from the law firms, Young
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`Conaway Stargatt & Taylor, LLP and Sterne, Kessler, Goldstein & Fox P.L.L.C. representing the
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`Plaintiff will participate in and assist with the courtroom setup and/or trial on behalf of Plaintiff
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`and require access to their electronic devices, including personal computers and/or printer,
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`mobile phones, MiFi or hotspots, a surge protector, portable thumb drives, and tablets to assist
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`with the presentation of slides, search for and locate exhibits and other information, provide trial
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`support, communicate with team members not present in the Courtroom, and for the dual
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`authentication of their computers and real-time. They will also bring a Surface Pro for the real-
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`time computer and computer monitors for counsel table for the real-time. These persons do not
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`meet the exemptions listed in Paragraph 4 of the May 15, 2023 Standing Order:
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`1. Thomas Hartzell, Paralegal, Young Conaway Stargatt & Taylor, LLP
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`2. Willard Goodwin, eDiscovery & Trial Director, Sterne, Kessler, Goldstein & Fox
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`P.L.L.C.
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`3. Elizabeth Felps, Paralegal Manager, Sterne, Kessler, Goldstein & Fox P.L.L.C.
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`4. DuVon Floyd, Paralegal, Sterne, Kessler, Goldstein & Fox P.L.L.C.
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`5. Yoobin Lee, Paralegal, Sterne, Kessler, Goldstein & Fox P.L.L.C.
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`6. Earnesteen Ginn-White, IP Litigation Assistant, Sterne, Kessler, Goldstein & Fox
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`P.L.L.C.
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`4. Pierre Kressman (trial graphics) and Alexander Rennick (trial tech/hot seat
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`operator) of Digital Evidence Group, LLC have been engaged by Plaintiff and will participate in
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`and assist with the courtroom setup and/or trial to assist Plaintiff with technology-related issues
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`and presentations. Mr. Kressman and Mr. Rennick plan to bring electronic devices and
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`
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`2
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`
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`Case 1:17-cv-00770-JDW Document 325 Filed 02/09/24 Page 3 of 8 PageID #: 30729
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`
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`equipment to the Courthouse for trial, including: their smartphones; earphones; clicker remote
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`for presentations; computer mouse; primary and backup laptops; tablets; portable monitors;
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`video cables (HDMI, C type); extension cords/power strips; memory drives (passport drive and
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`USB thumbdrives); docking station; portable foldable table; charging cables; and a switch for
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`video. Mr. Kressman and Mr. Rennick need this equipment as primary and backup trial
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`presentation computers, secondary screens for primary and backup computers, emergency
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`internet connectivity, input control for primary and backup laptops, and A/C power for primary
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`and backup laptops. Mr. Kressman and Mr. Rennick do not meet any of the exemptions to
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`Paragraph 4 of the May 15, 2023 Standing Order.
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`5. Sherry Salmons and Latoya York of Salmons Consulting have been engaged by
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`Plaintiff as jury consultants and will be in attendance at trial and require access to personal
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`electronic devices, including mobile phones and laptops to assist them with jury research and
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`communicate with members of their team. Ms. Salmons and Ms. York do not meet any of the
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`exemptions to Paragraph 4 of the May 15, 2023 Standing Order.
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`6. Plaintiff’s witnesses Dr. John Lumkes (expert), Dr. John Meyer (expert), Dr.
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`Christopher Rahn (expert), Dr. Ricardo Valerdi (expert), Dr. Pallavi Seth (expert), Gunter Hahn
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`(witness), and James McEvoy (witness) will be in attendance at trial and require access to
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`personal electronic devices, including mobile phones and laptops to access reference materials
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`and communicate with members of their team. These witnesses do not meet any of the
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`exemptions to Paragraph 4 of the May 15, 2023 Standing Order.
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`7. Plaintiff’s interpreter, Ulrike Wiesner, will be in attendance at trial and require
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`access to personal electronic devices, including her mobile phone and laptop to assist with
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`
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`3
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`
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`Case 1:17-cv-00770-JDW Document 325 Filed 02/09/24 Page 4 of 8 PageID #: 30730
`Case 1:17-cv-00770-JDW Document 325 Filed 02/09/24 Page 4 of 8 PagelD #: 30730
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`translation, access reference materials, and communicate with membersof her team. Ms.
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`Wiesner does meet any of the exemptions to Paragraph 4 of the May 15, 2023 Standing Order.
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`8. Wayne Beavers, counsel for Plaintiff, intends to appear at the courtroom setup
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`and/ortrial and requires access to personal electronic devices, including his mobile phone and
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`laptop to communicate with members of his team. Heis in good standing with at least one State
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`bar in the United States; however, he does not possess a physical, hard-copy baridentification
`
`card.
`
`For DefendantCaterpillarInc.
`
`Individual
`Neil Desai
`
`Title Devices____—‘[Reason for Exemption
`Lead Counsel
`resent information and
`eference documents; two-
`actor authentication to
`access firm databases and
`software; communication
`ith team
`
`ommunication with team
`
`Cassie Black
`
`Lead Counsel
`
`Michelle Dang
`
`Lead Counsel
`
`Kathie Ramos
`
`Paralegal
`
`Kathryn Robinson
`
`Paralegal
`
`Laptop / Cell
`Phone
`
`resent information and
`eference documents; two-
`actor authentication to
`access firm databases and
`software; communication
`ith team
`resent information and
`eference documents; two-
`actor authentication to
`access firm databases and
`software; communication
`ith team
`ling information for
`attorneys; two-factor
`huthentication to access firm
`databases and software;
`ommunication with team
`Pulling information for
`attorneys; two-factor
`huthentication to access firm
`databases and software;
`
`
`
`Case 1:17-cv-00770-JDW Document 325 Filed 02/09/24 Page 5 of 8 PageID #: 30731
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`
`
`
`
`Arlene Apodaca
`
`Paralegal
`
`Jenny Borelli
`
`Paralegal
`
`Albert Garcia
`
`IT Specialist
`
` Laptop / Cell
`Phone
`
` Laptop / Cell
`Phone
`
` Tablet / Laptop /
`Cell Phone /
`related
`accessories
`
`IT Specialist –
`hot seat
`
` Tablet / Laptop /
`Cell Phone /
`related
`accessories
`
`Bill Smith
`
`Johanna Hillard
`
`Christina Ouska
`
`Laurel Purewal
`
`Asha Mehrotra
`
`Norris Boothe
`
`Eric Misfeldt
`
`Kelsey Milman
`
`Brett Reed
`
`Litigation
`Consultant
`Litigation
`Consultant
`Litigation
`Consultant
`Client
`Representative
`Client
`Representative
`Client
`Representative
`Client
`Representative
`Expert Witness
`
` Laptop / Cell
`Phone
` Laptop / Cell
`Phone
` Laptop / Cell
`Phone
` Cell Phone
`
` Cell Phone
`
` Cell Phone
`
` Cell Phone
`
` Laptop / Cell
`Phone
`
` Laptop / Cell
`Phone
`
`5
`
`Richard Klopp
`
`Expert Witness
`
` Pulling information for
`attorneys; two-factor
`authentication to access firm
`databases and software;
`communication with team
`Pulling information for
`attorneys; two-factor
`authentication to access firm
`databases and software;
`communication with team
`Courtroom setup; Assisting
`hotseat and attorneys with
`slides and other materials;
`two-factor authentication to
`access firm databases and
`software; communication
`with team
` Presenting slides and other
`information; two-factor
`authentication to access firm
`databases and software;
`communication with team
`Assisting attorneys with jury
`selection
`Assisting attorneys with jury
`selection
`Assisting attorneys with jury
`selection
`Communicate with client
`and attorneys
`Communicate with client
`and attorneys
`Communicate with client
`and attorneys
`Communicate with client
`and attorneys
`Communication with
`attorneys about scheduling
`and trial logistics; review
`reference materials
`Communication with
`attorneys about scheduling
`and trial logistics; review
`reference materials
`
`
`
`Case 1:17-cv-00770-JDW Document 325 Filed 02/09/24 Page 6 of 8 PageID #: 30732
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`Adam Sorini
`
`Expert Witness
`
` Laptop /Cell
`Phone
`
`Joseph Rakow
`
`Expert Witness
`
`Andrew Smith
`
`Expert Witness
`
` Laptop / Cell
`Phone
`
` Laptop / Cell
`Phone
`
`Communication with
`attorneys about scheduling
`and trial logistics; review
`reference materials
`Communication with
`attorneys about scheduling
`and trial logistics; review
`reference materials
`Communication with
`attorneys about scheduling
`and trial logistics; review
`reference materials
`
`WHEREFORE, the parties respectfully request that the Court exempt the listed
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`individuals from the May 15, 2023 Standing Order during the courtroom setup and trial in this
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`action.
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`6
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`
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`Case 1:17-cv-00770-JDW Document 325 Filed 02/09/24 Page 7 of 8 PageID #: 30733
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`POTTER ANDERSON & CORROON, LLP
`
`/s/Andrew L. Brown
`Bindu A. Palapura (No. 5370)
`Andrew L. Brown (No. 6766)
`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
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
`
`Attorneys for Defendant Caterpillar Inc.
`
`Date: February 7, 2024
`
`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
`
`OF COUNSEL:
`Ryan D. Levy
`Seth R. Ogden
`William E. Sekyi
`Dominic A. Rota
`Mark A. Kilgore
`PATTERSON INTELLECTUAL
`PROPERTY LAW, P.C.
`1600 Division Street, Suite 500
`Nashville, Tennessee 37203
`(615) 242-2400
`rdl@iplawgroup.com
`sro@iplawgroup.com
`wes@iplawgroup.com
`dar@iplawgroup.com
`mak@iplawgroup.com
`
`- and -
`
`Daniel E. Yonan
`Paul A. Ainsworth
`STERNE, KESSLER, GOLDSTEIN & FOX
`PLLC
`1101 K Street, NW, 10th Floor
`Washington, DC 20005
`(202) 371-2600
`dyonan@sternekessler.com
`painsworth@sternekessler.com
`
`Attorneys for Plaintiff Wirtgen America, Inc.
`
`7
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`
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`Case 1:17-cv-00770-JDW Document 325 Filed 02/09/24 Page 8 of 8 PageID #: 30734
`Case 1:17-cv-00770-JDW Document 325 Filed 02/09/24 Page 8 of 8 PagelD #: 30734
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`SO ORDERED,this 9th
`
`day of February _, 2024.
`
`
`/s/ Joshua D. Wolson
`United States District Judge
`
`
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