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Duhn Oil Tool, Inc. v. Cooper Cameron Corp.

September 28, 2010

DUHN OIL TOOL, INC., PLAINTIFF,
v.
COOPER CAMERON CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING ORDER FOLLOWING PRETRIAL CONFERENCE

A. DISCOVERY

1. Corporate Affiliates. Cameron will present to Duhn, by September 30, 2010, a schedule of the following information for its frac mandrel sales and rentals since August 1, 2007:

a. Date of sale/rental (and installation date, if known, from the Installation Checklists);

b. Location;

c. Whether: i) New Style/Original design; or ii) Old Style;

d. Whether: i) sale; or ii) rental;

e. Whether there is a continuing service relationship with the customer;

f. Revenue; and

g. Customer name (may be coded).

2. In the event that the information called for by 1.a. is incomplete, Cameron shall produce a 30(b)(6) witness by October 11, 2010, to provide testimony regarding Cameron's response and documents identified in Duhn's interrogatory numbers 44, 49, and 50.

3. The Cameron 30(b)(6) witness shall provide an explanation of such data and documents to complete the information as to each well site.

4. Duhn shall supplement its response to Cameron's interrogatory number 40 by September 30, 2010, to identify and describe any failure incidents or other manufacturing defects or adverse operational incidents involving any of Plaintiff's patented ('925 Patent) wellhead system (QDF) and patented and other products for which Duhn is seeking recovery of lost profits, from the date of first sale, including any manufacturing defects and service complaints. Duhn will supplement its response to Cameron's Request for Production No. 58, as now clarified, by September 30, 2010, and present a Rule 30(b)(6) corporate representative to be deposed only on these supplemental matters by November 10, 2010.

5. Each party shall have the right to depose a 30(b)(6) witness designated by the opposing party on issues listed in paragraphs 1.a.- ...


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