Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:06-cv—OOO55-G|\/IS Document 176-2 Filed 05/O2/2007 Page 1 014
SCHEDULE A

Case 1 :06-cv—OOO55-GIVIS Document 176-2 Filed 05/O2/2007 Page 2 of 4
UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
TESLA INDUSTRIES, INC. a Delaware
Corporation,
Plaintifi
v. Civil Action No. 06-55~GMS
DAVID C. WALDMANN, LYNDOL W.
HOLLINGSWORTH, CHARLES MINNICK
a.k.a. CHUCK MINNICK, and NEW ‘ .
MILLENNIUM TOOLS, INC., an Oregon
Corporation,
Defendants.
SCHEDULE A
STATEMENT OF UNCONTESTED FACTS
I. THE PARTIES
A. Plaintiff Tesla Industries, Inc.
l. Tesla Industries, Inc ("Tesla”) is a corporation having its principal and
only place of business in New Castle, Delaware.
2. TesIa’s commercial product line includes ground power Lmits, electrical
connectors, cabling and battery packs.
3. Tesla is in the business of designing, manufacturing, and selling portable
ground power units ("GPU’s”), cables, connectors and other electronic equipment for
military and commercial applications.

Case 1 :06-cv—OOO55-GIVIS Document 176-2 Filed 05/O2/2007 Page 3 of 4
4. Tesla is a Department of Defense approved military contractor; that Tesla
has been assigned a CAGE Code of "0VWE2".
5. Some of Tesla’s products are registered with the Defense Logistics
Agency (‘°DLA") and assigned a National Stock Number (‘°NSN").
6. Some of Tesla’s products, including the NATO Plug, can be shipped
priority on a Triple 9 priority shipment code if the product is immediately needed.
» B. Defendant Waldmann
7. Defendant Waldmann ("Waldmann") is an individual residing in the State
of Pennsylvania.
8. At the beginning of his employment with Tesla, Waldmann signed a Non-
Disclosure Agreement and a policy on Access to Tesla Industries Technology Resources.
C. Defendant Hollingsworth
il 9. Lyndol Hollingsworth ("Hollingsworth") is an individual residing in the
State of Texas.
D. Defendant Minnick
I0. Mr. Minnick is an individual residing in Oregon. He is the President and
CEO of defendant New Millennium Tools, Inc. _
E. Defendant New Millennium Tools, Inc.
ll. New Millennium Tools, Inc. is a corporation of the State of Oregon which
was incorporated by Mr. Minnick in late October, 2005.
F. Other Facts
12. In early 2005, Waldmann presented a 2004 year review and memorandum
to Frank Mooney and sought increases in his salary and commissions

Case 1 :06-cv—OOO55-GIVIS Document 176-2 Filed 05/O2/2007 Page 4 of 4
13. On November 29, 2005, Waldmann was suspended Hom his position with
Tesla with pay.
14. Tesla is the Plan Administrator of its group health and dental plans for its
employees.
15. On January 23, 2006, Ms. Lori Greentree, from the Delaware Department
of Labor, contacted Tesla and Waldmann’s claim.
16. While still employed by Tesla, Waldmann demonstrated a DC impact
wrench to two soldiers of the Delaware National Guard in New Castle, to an instructor
Army unit in Aberdeen Proving Ground and to a couple of mechanics at Fort Knox.