Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:06-cv—OOO55-G|\/IS Document 176-29 Filed 05/O2/2007 Page 1 013
SCHEDULE M—2
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Case 1 :06-cv—OOO55-GIVIS Document 176-29 Filed 05/O2/2007 Page 2 of 3
SCHEDULE M—2
NMT DEFENDANTS’ STATEMENT
OF ADDITIONAL DISCOVERY NEEDED
° The NMT Defendants require the following additional discovery:
Deposition of Brian A. Sullivan. In its April 20, 2007, Response to the NMT
Defendants’ Motion in Limine No: 2: To Preclude Testimony of Tesla’s Lead Counsel, .
Tesla revealed for the first time that it is planning on calling its attorney, Brian A.
Sullivan, in its rebuttal case as a witness to underlying events. D.I. 151 at 6-7. The NMT
Defendants, therefore, require the deposition of this fact witness who was not previously i
made available for deposition.
Deposition of Dee Ridgeway and documents from Ridgeway Accounting. In its
April 20, 2007, Response to the NMT Defendants’ Motion in Limine No. 5: To Exclude
Unveritiable Financial Documents (D.I. 148), Tesla introduced an Affidavit of its
accountant, Dee Ridgeway, to explain a massive tmderreporting of income on its
corporate income tax returns. Id. at Ex. D. The NMT Defendants, thus, require the
deposition of Mr. Ridgeway to explore the irregularities in the financial data underlying
Tesla’s damages claims. Tesla, through its counsel, previously prevented The NMT
defendants to subpoena documents from Mr. Ridgeway. See D.I. 137 at 2 n.2; and Ex.
17-21. Accordingly, the NMT Defendants also require that Ridgeway Accounting
comply with the subpoena and produce all responsive documents immediately.
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Case 1 :06-cv—OOO55-GIVIS Document 176-29 Filed 05/O2/2007 Page 3 of 3
Reopening the deposition of David Masilotti. In its April 20, 2007, Response to
Defendant Waldmann’s Motion in Limine to Preclude Testimony or Argument Relating
to Certain Alleged Damages, Tesla stated that it would be supplementing its response to
the NMT Defendants’ lnterrogatory No. 3 on damages. See D.l. 149 at 7. The NMT
Defendants require the deposition of the individual certifying any such supplementary
answer to an interrogatory.
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