Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:06-cv—OOO55-G|\/IS Document 176-28 Filed 05/O2/2007 Page 1 012
SCHEDULE M-1
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Case 1 :06-cv—OOO55-GIVIS Document 176-28 Filed 05/O2/2007 Page 2 of 2
SCHEDULE M-1
PLAIN TIFF’S STATEMENT OF
‘ ADDITIONAL DISCOVERY NEEDED
Plaintiff Tesla Industries, Inc. requires the following additional discovery: .
1. Supplementation of responses by New Millennium Tools, Inc. ("NMT"):
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Request for Supplementation of previous responses. NMT seeks to recover damages, V
including lost profits as part of its counterclaim. NMT has not provided all requested
documents relating to sales and allegedly lost business opportunities. Plaintiff requests
that NMT supplement its previous discovery responses.
2. Deposition of NMT and David Waldmann regarding violations of
Stipulated Restraining Order: In an agreement that became the basis of a Stipulated
Restraining Order, the NMT Defendants agreed not to use Plaintiffs °‘customer lists,
vendor lists" and its "contact lists with the US Military and other customers, including
without limitation addresses, telephone numbers, or email addresses". Upon information
and belief even as trial approaches NMT and Defendant Waldmann, who works for
NMT, continue to use Plaintiffs military and other customer contacts. Plaintiff needs
additional information concerning those continuing violations of the Court’s Order.
3. Deposition of Lyndol Hollingsworth regarding spoliation of evidence and
violation of Stipulated Restraining Order: Upon information and belief and based upon
swom testimony, Defendant Hollingsworth disposed of a computer containing potential
evidence in the case and hid his hard drive. 2
4. Subpoena for documents to DC Power Equipment, LLC; This entity was
deposed in this case. lt agreed to provide copies of a contract and other documents which
it has yet to produce.
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