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Case 1:17-cv-00770-JDW Document 327 Filed 02/09/24 Page 1 of 1 PageID #: 30749
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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 9th day of February, 2024, upon consideration of Defendant
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`Caterpillar, Inc.’s Motion to Exclude Improper Damages Testimony from Dr. Seth and
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`Wirtgen America Witnesses (D.I. 320), and for the reasons stated in the accompanying
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`Memorandum, it is ORDERED that the Motion is DENIED.
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`To the extent that Caterpillar seeks to re-depose Dr. Seth before trial, Wirtgen shall
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`make her available. That deposition shall be limited to Dr. Seth’s apportionment
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`methodology and her decision to supplement her opinion following my order dated
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`February 5, 2024. That deposition may not exceed two hours.
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`BY THE COURT:
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`/s/ Joshua D. Wolson
`JOSHUA D. WOLSON, J.
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