Case 1:17-cv-00770-RGA-MPT Document 89 Filed 05/04/22 Page 1 of 3 PageID #: 10131
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`WIRTGEN AMERICA, INC.,
`Plaintiff,
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`v.
`CATERPILLAR, INC.,
`Defendant.
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`C.A. No. 17-770-RGA-MPT
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`At Wilmington, this 4th day of May, 2022.
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`ORDER
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`IT IS ORDERED that the following procedures for discovery disputes with Judge
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`Thynge in this matter shall replace the procedures defined in the Order at D.I. 30:
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`Discovery Matters.
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`Should counsel find they are unable to resolve a
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`discovery matter or a dispute relating to a protective order, after holding a verbal meet-
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`and-confer and making a reasonable effort to reach agreement with the opposing party
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`on the matters or dispute,1 the party seeking relief from the Court shall file a Motion for
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`Discovery requesting a teleconference to resolve the discovery or protective order
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`dispute. The Motion shall include the following information:
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`A list of no more than three (3) discovery or protective order matters for
`resolution;
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`The date(s) of the verbal meet-and-confer between the parties;
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`The format of the meet-and-confer (e.g., in person or by telephone);
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`1 See D. Del. L.R. 7.1.1 (describing the averment of counsel to be filed with
`nondispositive motions).
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`Case 1:17-cv-00770-RGA-MPT Document 89 Filed 05/04/22 Page 2 of 3 PageID #: 10132
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`The identity of counsel (including at least one Delaware Counsel and at
`least one Lead Counsel per party) who participated in the meet-and-
`confer; and
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`At least three dates on which the parties are jointly available for a
`teleconference
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`The Court will thereafter order a discovery teleconference, and the following
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`procedures shall apply:
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`1.
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`2.
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`3.
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`4.
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`5.
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`Not less than seventy-two (72) hours prior to the conference, excluding
`weekends and Court holidays, the party seeking relief shall file a letter
`with the Court, not to exceed four (4) pages, double-spaced in no less
`than 12 point font, outlining the issues in dispute and its position on those
`issues, including proposed solutions.
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`Not less than forty-eight (48) hours prior to the conference, excluding
`weekends and Court holidays, any party opposing the application for relief
`may file a letter, not to exceed four (4) pages, double-spaced in no less
`than 12 point font, outlining that party’s reason for its opposition and any
`proposed solutions.
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`Counsel shall provide a list of the teleconference participants, by including
`the list on a separate page with the letters. This list will not count as part
`of the page limitation for the letter submission.
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`Attachments/Exhibits. Generally, there should be limited attachments or
`exhibits to the letters. In a protective order dispute, only the provisions at
`issue should be attached. For disputes relating to responses to certain
`discovery requests, only the requests and responses in dispute as they
`exist at the time of the letter submissions should be attached.
`Documentation of the parties’ attempts to resolve and/or narrow the
`issues as contained in letters or emails shall not be included.
`However, cases/transcripts cited and relied upon in the letter submission
`may be attached as exhibits.
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`To the extent factual issues are disputed or central to the Court’s
`analysis,2 non-conclusory, sworn declarations, only to the extent
`necessary to establish the facts, shall be attached as exhibit(s).
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`2 For example, matters addressing attorney-client privilege, work product doctrine,
`common interest doctrine, sufficiency of privilege log and other similar issues often involve
`factual evidence for which affidavits may be required. See RCA v. Data General, C.A. No.
`84-270-JJF, 1986 WL 15693 (D. Del. July 2, 1986); Willemijn Houdstermaatschaapij v.
`Apollo Computers, Inc., 707 F. Supp. 1429 (D. Del. 1989).
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`Case 1:17-cv-00770-RGA-MPT Document 89 Filed 05/04/22 Page 3 of 3 PageID #: 10133
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`6.
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`Protective Order disputes. For disputes related to the protective order,
`the submissions shall include the party’s proposal of the content for the
`disputed portion(s) only of the protective order.
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`Should the Court find further briefing necessary upon conclusion of the
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`telephonic conference, the Court will order it. Alternatively, the Court may choose to
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`resolve the dispute prior to the conference and cancel the conference.
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`/s/ Mary Pat Thynge
`Chief U.S. Magistrate Judge
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