In re Ex Parte Application of CATERPILLAR INC.
Respondent: Wirtgen America, Inc. and Deere & Company
In Re: In re Ex Parte Application of CATERPILLAR INC.
Case Number: 3:2019mc00031
Filed: October 31, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: William L Campbell
Referring Judge: Barbara D Holmes
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 28 U.S.C. § 1782
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2021 Opinion or Order Filing 69 ORDER ADMINISTRATIVELY CLOSING CASE: It appears that there are no other matters requiring the Court's attention in this miscellaneous proceeding. The Clerk if therefore DIRECTED to administratively close this case, subject to any party moving to reopen as appropriate for further requested relief. Signed by Magistrate Judge Barbara D. Holmes on 5/7/2021. (ln)
January 6, 2021 Opinion or Order Filing 68 ORDER: Caterpillar's Motion for Review of an Order of the Magistrate Judge #59 is DENIED. Signed by District Judge William L. Campbell, Jr on 1/6/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
January 4, 2021 Opinion or Order Filing 67 REPLY to Response re #59 MOTION for Review re #58 Order filed by In re Ex Parte Application of CATERPILLAR INC. (Attachments: #1 Exhibit A - Deere's Discovery Responses).(ln)
January 4, 2021 Opinion or Order Filing 66 ORDER: MOTION #65 GRANTED. Counsel is advised to comply with Local Rule 7.01(a)(1) in the future. Signed by District Judge William L. Campbell, Jr on 01/04/2021. (ln)
December 31, 2020 Opinion or Order Filing 65 MOTION for Leave to File Excess Pages by In re Ex Parte Application of CATERPILLAR INC.. (Attachments: #1 Attachment Reply in Support of Motion for Review, #2 Exhibit A - Deere's Discovery Responses)(Funk, Samuel)
December 23, 2020 Opinion or Order Filing 64 NOTICE by In re Ex Parte Application of CATERPILLAR INC. of Travis Andrews (Lenihan, Mark)
December 23, 2020 Opinion or Order Filing 63 ORDER granting #62 Motion for Extension of Time to File. Signed by District Judge William L. Campbell, Jr on 12/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
December 22, 2020 Opinion or Order Filing 62 MOTION for Extension of Time to File (Unopposed) by In re Ex Parte Application of CATERPILLAR INC.. (Lenihan, Mark)
December 21, 2020 Opinion or Order Filing 61 RESPONSE in Opposition re #59 MOTION for Review re #58 Order,,, jointly filed by Deere & Company, Wirtgen America, Inc.. (Levy, Ryan)
December 7, 2020 Opinion or Order Filing 60 MEMORANDUM in Support of #59 MOTION for Review re #58 Order. filed by In re Ex Parte Application of CATERPILLAR INC. . (Funk, Samuel) Modified on 12/9/2020 (kc).
December 7, 2020 Opinion or Order Filing 59 MOTION for Review re #58 Order. by In re Ex Parte Application of CATERPILLAR INC.. (Funk, Samuel) Modified on 12/9/2020 (kc).
November 23, 2020 Opinion or Order Filing 58 ORDER: The Court directs the Clerk to REOPEN this matter so that the current dispute can be resolved. Because Caterpillar has not sufficiently explained the relevance of the more expansive discovery it continues to seek from Respondents, and conversely, because Respondents have demonstrated the irrelevance of the additional information to Caterpillar's search for prior art, the Court is not inclined to compel additional production by either Wirtgen America or Deere and therefore denies the request of Caterpillar to compel additional discovery or for other relief. Signed by Magistrate Judge Barbara D. Holmes on 11/23/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
November 18, 2020 Opinion or Order Filing 57 DISCOVERY DISPUTE STATEMENT by In re Ex Parte Application of CATERPILLAR INC.. (Attachments: #1 Exhibit 1 - Caterpillar October 14, 2020 Letter, #2 Exhibit 2 - Caterpillar October 20, 2020 Letter, #3 Exhibit 3 - Caterpillar November 3, 2020 Letter, #4 Exhibit 4 - Wirtgen October 23, 2020 Letter, #5 Exhibit 5 - Wirtgen November 13, 2020 Letter, #6 Exhibit 6 - Deere October 23, 2020 Letter, #7 Exhibit Deere November 10 (despite being dated November 5), 2020 Letter, #8 Exhibit 8 - Wirtgen June 10, 2020 Subpoena Package)(Funk, Samuel)
November 16, 2020 Opinion or Order Filing 56 ORDER ADMINISTRATIVELY CLOSING CASE: It appears that there are no other matters requiring the Court's attention in this miscellaneous proceeding. The Clerk is therefore DIRECTED to administratively close this case, subject to any party moving to reopen as appropriate for further requested relief. Signed by Magistrate Judge Barbara D. Holmes on 11/16/2020. (kc) Modified on 11/18/2020 (kc).
September 14, 2020 Opinion or Order Filing 55 PROTECTIVE ORDER. Signed by Magistrate Judge Barbara D. Holmes on 9/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
September 14, 2020 Opinion or Order Filing 54 ORDER. Accordingly, the protective order governing the remainder of discovery in this matter, which is entered separately, addresses the requested language set forth at paragraphs 12, 17, and 24 in Respondents proposed protective order. (Docket No. 53-2 at 5-6, 9-10, 14-15.) It is SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 9/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
September 10, 2020 Opinion or Order Filing 53 NOTICE of Filing by Wirtgen America, Inc. re #51 Order,,, Terminate Hearings,, (Attachments: #1 Exhibit Ex. A_2020.09.10 Draft PO D_WA_clean, #2 Exhibit Ex. B_2020.09.10 Draft PO D_WA_redline)(Levy, Ryan)
September 10, 2020 Opinion or Order Filing 52 NOTICE of Filing by In re Ex Parte Application of CATERPILLAR INC. re #51 Order,,, Terminate Hearings,, (Attachments: #1 Exhibit 1 - Proposed Protective Order, #2 Exhibit 2 - Order No. 8 from 1067 ITC case, #3 Exhibit 3 - Redline of Proposed Protective Order)(Funk, Samuel)
September 4, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 9/4/2020. (Tape #not recorded.) (Hearing lasted :36)(jwc)
September 4, 2020 Opinion or Order Filing 51 ORDER: A discovery conference was held telephonically on September 4, 2020. From the joint discovery dispute statement filed by the parties (Docket No. #49 ) and discussion during the discovery conference, the following is ORDERED: The protective order submitted by the parties must contain the language outlined in this order. The protective order shall comply as stated in this order. The parties shall proceed promptly with finalizing a proposed protective order, which must be submitted within three (3) business days from the date of entry of this Order. Signed by Magistrate Judge Barbara D. Holmes on 9/4/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
September 1, 2020 Opinion or Order Filing 50 ORDER: On August 13, 2020, the interested parties in this proceeding filed a joint discovery dispute statement. (Docket No. #49 .) A telephonic discovery conference will be held on September 4, 2020, at 9:00 a.m. (CDT). To participate, counsel may use dial-in number 1-877-402-9753, access code 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 9/1/2020. (vh)
August 13, 2020 Opinion or Order Filing 49 DISCOVERY DISPUTE STATEMENT by In re Ex Parte Application of CATERPILLAR INC.. (Attachments: #1 Exhibit A - July 22, 2020 Letter, #2 Exhibit B - July 29, 2020 Letter, #3 Exhibit C - Caterpillar's Proposed Protective Order, #4 Exhibit RX-A - Respondents' Proposed Stipulated Protective Order, #5 Exhibit RX-B - August 12 Email Chain)(Funk, Samuel)
May 20, 2020 Opinion or Order Filing 48 ORDER granting #46 Respondents' Motion for Extension of Time to Complete Discovery. Respondents shall complete their responses to Caterpillar's discovery requests by no later than June 22, 2020. Signed by Magistrate Judge Barbara D. Holmes on 5/20/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
May 19, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Telephone Conference held on 5/19/2020. (Tape #not recorded.) (Hearing lasted :32)(jwc)
May 18, 2020 Opinion or Order Filing 47 RESPONSE to Motion re #46 Joint MOTION for Extension of Time to Complete Discovery filed by In re Ex Parte Application of CATERPILLAR INC.. (Attachments: #1 Exhibit 1 - Translation of Letter, #2 Exhibit 2 - WIDOS Page)(Funk, Samuel)
May 13, 2020 Opinion or Order Filing 46 Joint MOTION for Extension of Time to Complete Discovery by Wirtgen America, Inc.. (Attachments: #1 Exhibit Schmidt Declaration, #2 Exhibit Hennessy Declaration, #3 Exhibit Email Correspondence)(Levy, Ryan)
April 21, 2020 Opinion or Order Filing 45 MEMORANDUM OPINION AN ORDER: Respondents' joint motion to quash (Docket Entry No. ("DE") #23 ) is DENIED, Wirtgen's motion to strike (DE #35 ) is DENIED, and Respondents' joint motion to strike (DE #40 ) is DENIED, Caterpillar's application for discovery pursuant to 28 U.S.C. 1782 (DE #1 ) is GRANTED. Respondents shall, within thirty (30) days of the date of entry of the Memorandum Opinion and Order produce the documents requested in the issued subpoenas (see DE #15 -1, DE #15 -2), except as to the German Allegations (as that term is defined in the subpoenas) and subject to any objections lodged in accordance with applicable Federal Rules of Civil Procedure and the Court's Local Rules. Signed by Magistrate Judge Barbara D. Holmes on 4/21/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
March 13, 2020 Opinion or Order Filing 44 RESPONSE filed by In re Ex Parte Application of CATERPILLAR INC. re #42 Notice (Other) filed by Wirtgen America, Inc. . (Attachments: #1 Exhibit A - Notice of discovery deadline extension)(Funk, Samuel)
March 13, 2020 Opinion or Order Filing 43 ***DISREGARD-SEE DE#44*** RESPONSE filed by In re Ex Parte Application of CATERPILLAR INC. re #42 Notice (Other) filed by Wirtgen America, Inc. . (Attachments: # 1 Exhibit A - Notice of discovery deadline extension)(Funk, Samuel) Modified on 3/16/2020 (vh).
March 3, 2020 Opinion or Order Filing 42 NOTICE by Wirtgen America, Inc. of Supplemental Authority (Attachments: #1 Exhibit A - Turin Order Translation, #2 Exhibit B - Declaration of Raffaele Sena, #3 Exhibit C - Third Declaration of Luca Trevisan)(Levy, Ryan)
February 18, 2020 Opinion or Order Filing 41 RESPONSE in Opposition re #40 Joint MOTION to Strike #39 Notice (Other), Caterpillar's 2nd Notice of Supplemental Authority filed by In re Ex Parte Application of CATERPILLAR INC.. (Funk, Samuel)
February 14, 2020 Opinion or Order Filing 40 Joint MOTION to Strike #39 Notice (Other), Caterpillar's 2nd Notice of Supplemental Authority by Deere & Company, Wirtgen America, Inc.. (Levy, Ryan)
February 10, 2020 Opinion or Order Filing 39 NOTICE of Filing by In re Ex Parte Application of CATERPILLAR INC. re #1 MOTION EX PARTE APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. 1782 TOCONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS of Supplemental Authority (Attachments: #1 Exhibit A - English Translation of Turin Order)(Funk, Samuel)
January 10, 2020 Opinion or Order Filing 38 ORDER granting #17 Motion for William E. Sekyi to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/10/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
January 10, 2020 Opinion or Order Filing 37 ORDER granting #10 Motion for Elizabeth P. Papez and Travis S. Andrews to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/10/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
January 8, 2020 Opinion or Order Filing 36 RESPONSE in Opposition re #35 MOTION to Strike #34 Notice (Other), of Supplemental Authority filed by In re Ex Parte Application of CATERPILLAR INC.. (Funk, Samuel)
January 6, 2020 Opinion or Order Filing 35 MOTION to Strike #34 Notice (Other), of Supplemental Authority by Wirtgen America, Inc.. (Levy, Ryan)
December 24, 2019 Opinion or Order Filing 34 NOTICE by In re Ex Parte Application of CATERPILLAR INC. re #1 MOTION EX PARTE APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. 1782 TOCONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS of Supplemental Authority (Attachments: #1 Attachment Third Mansani Declaration)(Funk, Samuel)
December 20, 2019 Opinion or Order Filing 33 REPLY to Response to Motion re #23 Joint MOTION to Quash Caterpillar Inc.'s Subpoena Under 28 U.S.C. Section 1782 filed by Deere & Company, Wirtgen America, Inc.. (Attachments: #1 Exhibit A - Second Declaration of Luca Trevisan)(Levy, Ryan)
December 18, 2019 Opinion or Order Filing 32 ORDER granting #30 Motion for Leave to Exceed Page Limitation. Signed by Magistrate Judge Barbara D. Holmes on 12/18/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
December 17, 2019 Opinion or Order Filing 31 NOTICE by Deere & Company, Wirtgen America, Inc. re #29 Reply to Response to Motion, (Levy, Ryan)
December 16, 2019 Opinion or Order Filing 30 MOTION for Leave to to Exceed Page Limit by In re Ex Parte Application of CATERPILLAR INC.. (Funk, Samuel)
December 16, 2019 Opinion or Order Filing 29 REPLY to Response to Motion re #1 MOTION EX PARTE APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. 1782 TOCONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS filed by In re Ex Parte Application of CATERPILLAR INC.. (Attachments: #1 Exhibit A - ITC Brief, #2 Exhibit B -Mansani Declaration)(Funk, Samuel)
December 9, 2019 Opinion or Order Filing 28 RESPONSE to Discovery Request from from Caterpillar Inc. by Deere & Company.(Griffin, John)
December 9, 2019 Opinion or Order Filing 27 RESPONSE to Discovery Request from Caterpillar Inc by Wirtgen America, Inc..(Levy, Ryan)
December 9, 2019 Opinion or Order Filing 26 DECLARATION of Seth R. Ogden filed by Deere & Company, Wirtgen America, Inc.. (Attachments: #1 Exhibit Exhibit A - ITC-337-TA-1067 Public Complaint, #2 Exhibit Exhibit B - ITC Ex. 18 - Certified U.S. Patent 7,828,309, #3 Exhibit Exhibit C - ITC Ex. 11 - U.S. Patent 9,624,628 Foreign Counterparts, #4 Exhibit Exhibit D - ITC Ex. 14 - U.S. Patent 9,656,530 Foreign Counterparts, #5 Exhibit Exhibit E - ITC Ex. 17 - U.S. Patent 7,530,641 Foreign Counterparts, #6 Exhibit Exhibit F - ITC Ex. 20 - U.S. Patent No. 7,828,309 Foreign Counterparts, #7 Exhibit Exhibit G - ITC Ex. 13 - Certified Assignment U.S. Patent No. 9,656,530, #8 Exhibit Exhibit H - D. MN. Complaint, #9 Exhibit Exhibit I - D. Del. Complaint, #10 Exhibit Exhibit J - ITC 1067 Order No. 6 - Procedural Schedule, #11 Exhibit Exhibit K - ITC 1067 - ALJ Initial Determination, #12 Exhibit Exhibit L - ITC 1067 - Commission Determination, #13 Exhibit Exhibit M - Nashville Area Chamber of Commerce Impact Analysis, #14 Exhibit Exhibit N - ITC 1067 - Order granting in part Motion to Compel, #15 Exhibit Exhibit O - ITC 1067 - Order Granting Motion to Quash)(Levy, Ryan)
December 9, 2019 Opinion or Order Filing 25 DECLARATION of Luca Trevisan filed by Deere & Company, Wirtgen America, Inc.. (Levy, Ryan)
December 9, 2019 Opinion or Order Filing 24 MEMORANDUM in Support of #23 Joint MOTION to Quash Caterpillar Inc.'s Subpoena Under 28 U.S.C. Section 1782 filed by Deere & Company, Wirtgen America, Inc. . (Levy, Ryan)
December 9, 2019 Opinion or Order Filing 23 Joint MOTION to Quash Caterpillar Inc.'s Subpoena Under 28 U.S.C. Section 1782 by Deere & Company, Wirtgen America, Inc.. (Levy, Ryan)
December 4, 2019 Opinion or Order TN State Bar status verified as active for John J. Griffin, Jr, Michael A. Johnson, and Ryan D. Levy; DC Bar status verified as active for William E. Sekyi. (jm)
December 3, 2019 Opinion or Order Filing 22 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Deere & Company. (Johnson, Michael)
December 3, 2019 Opinion or Order Filing 21 NOTICE of Appearance by Michael A. Johnson on behalf of Deere & Company (Johnson, Michael)
December 3, 2019 Opinion or Order Filing 20 NOTICE of Appearance by John J. Griffin, Jr on behalf of Deere & Company (Griffin, John)
December 2, 2019 Opinion or Order Filing 19 ORDER: By stipulation filed on November 25, 2019, Caterpillar, Inc. and Wirtgen America, Inc. agreed for Wirtgen America, Inc. to have until December 9, 2019 to comply with the Courts order of November 13, 2019. The Court finds it appropriate to also grant the same extension to Deere & Company. Signed by Magistrate Judge Barbara D. Holmes on 12/2/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
November 25, 2019 Opinion or Order Filing 18 STIPULATION re #14 Order, Joint Stipulation Regarding Extension of Deadline for Respondents to Comply with Order by In re Ex Parte Application of CATERPILLAR INC.. (Funk, Samuel)
November 25, 2019 Opinion or Order Filing 17 MOTION for attorney William E. Sekyi to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3038537) by Wirtgen America, Inc.. (Attachments: #1 Attachment District of Columbia Certificate of Good Standing)(Levy, Ryan)
November 25, 2019 Opinion or Order Filing 16 NOTICE of Appearance by Ryan D. Levy on behalf of Wirtgen America, Inc. (Levy, Ryan)
November 18, 2019 Opinion or Order Filing 15 NOTICE of Filing by In re Ex Parte Application of CATERPILLAR INC. (Attachments: #1 Exhibit A - Wirtgen Subepona Service Package, #2 Exhibit B - Deere Subpoena Service Package)(Funk, Samuel)
November 15, 2019 Opinion or Order DC bar status verified as active for Elizabeth P. Papez and Travis S. Andrews. (jm) Modified on 11/15/2019 (jm).
November 13, 2019 Opinion or Order Filing 14 ORDER CONDITIONALLY GRANTINGCATERPILLAR INC.'S APPLICATION PURSUANT TO 28 U.S.C. 1782 TO CONDUCT DISCOVERY FORUSEIN FOREIGN PROCEEDINGS AND TO SHOW CAUSE WHY THIS COURT SHOULD NOT ENFORCESUBPOENAS. Signed by Magistrate Judge Barbara D. Holmes on 11/13/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
November 7, 2019 Opinion or Order Filing 13 ORDER: Pending before the Court is an Ex Parte Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in Foreign Proceedings (Doc. No. #1 ). This matter is REFERRED to the Magistrate Judge for resolution. Signed by District Judge William L. Campbell, Jr on 11/7/2019. (jm)
November 4, 2019 Opinion or Order Filing 12 NOTICE by In re Ex Parte Application of CATERPILLAR INC. re #7 Notice (Other),, Correct Exhibits 7-11 Filing (Funk, Samuel)
November 4, 2019 Opinion or Order Filing 11 NOTICE by In re Ex Parte Application of CATERPILLAR INC. re #7 Notice (Other),, Correct Exhibit 6 Filing (Funk, Samuel)
November 4, 2019 Opinion or Order Filing 10 MOTION for attorney Elizabeth P. Papez and Travis S. Andrews to Appear Pro Hac Vice (paid $200 PHV fee; receipt number 0650-3025229) by In re Ex Parte Application of CATERPILLAR INC.. (Attachments: #1 Attachment Papez Affidavit, #2 Attachment Papez Good Standing Certificate, #3 Attachment Andrews Affidavit, #4 Attachment Andrews Good Standing Certificate)(Funk, Samuel) Modified text on 11/15/2019 (jm).
November 4, 2019 Opinion or Order Filing 9 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jm)
November 4, 2019 Opinion or Order Filing 8 NOTICE of Business Entity Disclosure Statement filing requirement. (jm)
November 4, 2019 Opinion or Order NOTICE TO COUNSEL Elizabeth P. Papez and Travis S. Andrews: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 11/25/2019. (jm)
November 4, 2019 Opinion or Order TN State Bar status verified as active for Samuel P. Funk and Mark W. Lenihan; DC Bar status verified as active for Elizabeth P. Papez and Travis S. Andrews. (jm)
October 31, 2019 Opinion or Order Filing 7 REQUEST for Judicial Notice of Provisions of European Law and Court Filings in Italian Actions filed by Caterpillar Inc. (Attachments: #1 Exhibit A - Genoa Complaint, #2 Exhibit B - Milan Complaint, #3 Exhibit C - Turin Complaint, #4 Exhibit D - European Patent Convention, #5 Exhibit E - Article, #6 Attachment - Notice of Related Cases, #7 Attachment - Subpoena, #8 Attachment A - Subpoena Request, #9 Attachment - Deere Subpoena, #10 Attachment A - Subpoena Request, #11 Attachment - Proposed Order)(jm)
October 31, 2019 Opinion or Order Filing 6 DECLARATION of Travis S. Andrews in Support of the #1 APPLICATION OF CATERPILLAR INC. FOR AN EX PARTE ORDER PURSUANT TO 28 U.S.C. 1782 TO CONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS. (Attachments: #1 Exhibit A - Asset Purchase Agreement, #2 Exhibit B - Article re: Caterpillar, #3 Exhibit C - Article re: Wirtgen Contact, #4 Exhibit D - Article re: Deere Locations, #5 Exhibit E - Article re: Caterpillare and Wirtgen, #6 Exhibit F - Deere 2018 10-K, #7 Exhibit G - Article re: Jay Powell, #8 Exhibit H - Article re: Michel Roche, #9 Exhibit I - Article re: Telematics, #10 Exhibit J - Article re: John Deere Construction, #11 Exhibit K - Deere Displays, #12 Exhibit L - Article re: Wayne Grayson, #13 Exhibit M - Worldwide locations, #14 Exhibit N - Article re: Deere Locations, #15 Exhibit O - Article re: Deere aquires Wirtgen, #16 Exhibit P - James Allen Article, #17 Exhibit Q - Machinery Technology Company)(jm)
October 31, 2019 Opinion or Order Filing 5 DECLARATION of David K. Mroz in Support of the #1 APPLICATION OF CATERPILLAR INC. FOR AN EX PARTE ORDER PURSUANT TO 28 U.S.C. 1782 TO CONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS. (Attachments: #1 Exhibit A - Wirgen BAUMA letter, #2 Exhibit B - Petition, #3 Exhibit C - Final Written Decision, #4 Exhibit D - Petition, #5 Exhibit E - Article, #6 Exhibit F - Article, #7 Exhibit G - Final Written Decision, #8 Exhibit H - Petition, #9 Exhibit I - Final Written Decision, #10 Exhibit J - Petition, #11 Exhibit K - Institution Decision, #12 Exhibit L - Letter from Lehman to Yonan, #13 Exhibit M - Letter from Yonan to Lehman, #14 Exhibit N - Letter from Lehman to Yonan, #15 Exhibit O - Letter from Yonan to Lehman, #16 Exhibit P - Reconsideration Order)(jm)
October 31, 2019 Opinion or Order Filing 4 DECLARATION of Luigi Mansani filed by In re Ex Parte Application of CATERPILLAR INC. (mg)
October 31, 2019 Opinion or Order Filing 3 BUSINESS ENTITY DISCLOSURE STATEMENT filed by In re Ex Parte Application of CATERPILLAR INC. (mg)
October 31, 2019 Opinion or Order Filing 2 MEMORANDUM in Support of #1 MOTION EX PARTE APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. 1782 TOCONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS filed by In re Ex Parte Application of CATERPILLAR INC. (mg) (Main Document 2 replaced on 10/31/2019) (mg).
October 31, 2019 Opinion or Order Filing 1 EX PARTE APPLICATION FOR AN ORDER PURSUANT TO 28 U.S.C. 1782 TOCONDUCT DISCOVERY FOR USE IN FOREIGN PROCEEDINGS by CATERPILLAR INC. (mg) (Additional attachment(s) added on 10/31/2019: #1 Attachment - Civil Cover Sheet) (mg).

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In re: In re Ex Parte Application of CATERPILLAR INC.
Represented By: Elizabeth P. Papez
Represented By: Travis S. Andrews
Represented By: Samuel P. Funk
Represented By: Mark W. Lenihan
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Respondent: Wirtgen America, Inc.
Represented By: Ryan D. Levy
Represented By: William E. Sekyi
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Respondent: Deere & Company
Represented By: John J. Griffin, Jr.
Represented By: Michael A. Johnson
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