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Case 1 :06-cv—00055-GIVIS Document 65 Filed 10/18/2006 Page 1 of 2
Asn-IBY 6. GEDDES
ATTORNEYS AND COUNSELLORS AT LAW TELEPHONE
302-654-IBBB
222 DELAWARE AVENUE
P. 0. Box uso sozigimgss,
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October 18, 2006
The Honorable Gregory M. Sleet VIA ELECTRONIC FILING
United States District Court
844 N. King Street
Wilmington, Delaware 19801
Re: Tesla Industries v. David Waldmann, et al.,
C.A. No. 06-55-GMS
Dear Judge Sleet:
In anticipation of the discovery teleconference scheduled for October 20, 2006 at 9:00
A.M. in the above captioned matter, the parties to the above action (with the exception of David
Waldmann, who does not have any issues to raise at this time) submit this joint agenda letter
listing the items to be presented to the Court relating to Plaintiff Tesla Industries, Inc.’s ("Tesla"
or "Plaintiff") Responses to Lyndol W. Hollingswortlfs, Charles Minnick’s and New Millenium
Tools, Inc.’s (collectively referred to as the "NMT Defendants") May 9, 2006, discovery
requests.
THE NMT DEFENDANTS' Issunsz
• The NMT Defendants request an order compelling Tesla to provide an adequate
privilege log;
• The NMT Defendants request an order compelling Tesla to supplement its
response to Interrogatory Number 3 to provide precise and complete detail of the
damages Plaintiff alleges to have suffered by the acts or omissions of the NMT
Defendants;
• The NMT Defendants request an order compelling Tesla to produce all non-
privileged emails to or from Messrs. Masilotti, Mooney, Roscioli, Talbot, Gresk
and/or Gabriel relating to the Trade Secrets alleged in the Verified Complaint, any
or all of the NMT Defendants, the DC Impact Wrench referenced in the Verified
Complaint, D.C. Power Equipment, Inc., and/or the acts or omissions of Mr.
Waldmann alleged in the Verified Complaint; and

Case 1:06-cv—00055-G|\/IS Document 65 Filed 10/18/2006 Page 2 of 2
The Honorable Gregory M. Sleet
October 18, 2006
Page 2
• The NMT Defendants request an order compelling Tesla to produce documents
relating to the conception, research, development, design, testing and/or decision
to develop the alleged Trade Secrets identified in the Verified Complaint.
Plaintiff Tesla Industries, Inc.’s Issues:
• Tesla Industries requests the entry of an order compelling the production by each
of` the NMT Parties to produce all non-privileged documents and things in the
following categories: the provisional patent applied for by Defendant
Hollingsworth, phone records of communications among the NMT defendants
and/or Defendant Waldmann, emails related to the FEMA project and DOLA
batteries, and all business plans, pro forma financial statements, and other
documents submitted to investors and/or lenders.
Respectfully,
/s/ John G. Day
John G. Day
J GD/nml
174271.1
cc: Brian A. Sullivan, Esquire (by hand and via electronic mail)
John D. Demmy, Esquire (by hand and via electronic mail)
John A. Adams, Esquire (via electronic mail)
- Rodney R. Sweetland, HI, Esquire (via electronic mail)