`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 17-770-JDW
`
`)))))))))
`
`WIRTGEN AMERICA, INC.,
`
`Plaintiff,
`
`v.
`
`CATERPILLAR INC.,
`
`Defendant.
`
`STIPUATION OF DISMISSAL WITH PREJUDICE
`
`WHEREAS: (1) Plaintiff Wirtgen America, Inc. and Defendant Caterpillar Inc., (“the
`
`Parties”) have reached a mutually satisfactory resolution of all issues between them that were
`
`the subject of this action; and (2) the Parties have caused to be executed on October 8, 2024 a
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`Settlement Agreement (“Agreement”) resolving those issues; subject to the terms and
`
`conditions of the Agreement, the Parties jointly request and stipulate to the entry of an Order
`
`providing that:
`
`1.
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`All claims and counterclaims asserted by and between the Parties are dismissed
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`with prejudice; and
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`2.
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`Each of the Parties shall bear its own costs and attorneys’ fees.
`
`/ /
`
`/ /
`
`/ /
`
`
`
`Case 1:17-cv-00770-JDW Document 466 Filed 10/09/24 Page 2 of 2 PageID #: 40904
`Case 1:17-cv-00770-JDW Document 466 Filed 10/09/24 Page 2 of 2 PagelD #: 40904
`
`YOUNG CONAWAY STARGATT & TAYLOR, LLP
`
`POTTER ANDERSON & CORROON LLP
`
`By:
`
`/s/Adam W. Poff
`Adam W.Poff (#3990)
`Samantha G. Wilson (#5816)
`Alexis N. Stombaugh (#6702)
`1000 N.King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`swilson@ycst.com
`astombaugh@ycst.com
`
`By:
`
`/s/Bindu A. Palapura
`Bindu A.Palapura (#5370)
`Andrew L. Brown (#6766)
`Hercules Plaza, 6" Floor
`1313 N. MarketStreet
`Wilmington, DE 19801
`Tel: (302) 984-6000
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`Attorneysfor Plaintiff Wirtgen America, Inc.
`
`Attorneysfor Defendant Caterpillar Inc.
`
`Dated: October 9, 2024
`11818987 / 11898.00005
`
`SO ORDEREDthis 9th
`
`day of
`
`October
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`, 2024.
`
`/s/ Joshua D. Wolson
`U.S. District Court Judge
`
`
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