Software Rights Archive, LLC v. Google Inc. et al

Filing 153

ORDER granting 152 Joint MOTION for Extension of Time to Complete Discovery (to Extend Certain Scheduling. Document production 7/31/09. Complete computation of any category of damages 8/28/09. Privilege logs 9/4/09. Pltf and Defts to determinemodules contain Source Code 10/5/09. Parties to file a joint motion to further supplement the Protective Order 10/23/09 Signed by Magistrate Judge Charles Everingham on 6/23/09. (ehs, )

Software Rights Archive, LLC v. Google Inc. et al

Doc. 153

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SOFTWARE RIGHTS ARCHIVE, LLC v. GOOGLE INC., YAHOO! INC., IAC SEARCH & MEDIA, INC., AOL, LLC, AND LYCOS, INC. ORDER GRANTING JOINT MOTION TO FURTHER EXTEND CERTAIN SCHEDULING DEADLINES Before the Court is the parties' Joint Motion to Further Extend Certain Scheduling Deadlines. Having considered the matter, and the fact that it is a joint motion, the Court GRANTS the Motion and extends the following deadlines as reflected in the below chart: Civil Case No. 2:07-cv-511 (CE)

EVENT Deadline for Document Production under paragraph 3(b) of September 12, 2008 Discovery Order (Dkt. No. 82), as extended in Dkt. No. 116. As reflected in Dkt. No. 127, Source Code will not be included by Defendants in this production. Deadline for serving a complete computation of any category of damages claimed by any party to this action, making available for inspection and copying as under Rule 34, the documents or other evidentiary material on which such computation is based, including materials

CURRENT DEADLINE June 30, 2009

AGREED TO EXTENDED DEADLINE July 31, 2009

July 28, 2009

August 28, 2009

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bearing on the nature and extent of injuries suffered, under paragraph 3(c) of September 12, 2008 Discovery Order (Dkt. No. 82) Deadline for Privilege Logs to August 4, 2009 be exchanged by parties (or a letter to the Court stating that there are no disputes as to privilege) Plaintiff will determine which September 1, 2009 of Defendants' modules (or portions of Defendants' systems), if any, contain Source Code that it contends in good faith should be produced. Plaintiff will identify these modules (or portions of Defendants' systems) in writing to Defendants on or before October 5, 2009. Plaintiff's identification of modules (or portions of Defendants' systems) shall not constitute an admission as to which modules (or portions of Defendants' systems) are relevant to the case, but rather shall merely identify the modules (or portions of Defendants' systems) as to which, as of that date, Plaintiff believes in good faith it needs access to Source Code. Defendants reserve the right to object to any such identification from Plaintiff. At that time, the parties will attempt in good faith to agree on reasonable limits as to the manner, location, and quantity with regard to printing of any of the production. Nothing herein shall preclude Plaintiff from seeking further discovery

September 4, 2009

October 5, 2009

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relating to Defendants' Source Code or shall obligate Defendants to acquiesce to such discovery. Nothing in this Order shall obligate the parties to produce or relieve the parties from producing any Source Code or constitute an admission that any particular source code or object code is, or is not, discoverable. On or before October 23, September 15, 2009 2009, the parties will file a joint motion to further supplement the Protective Order to address issues and protocols regarding discovery of Source Code, or otherwise notify the Court of any disputes regarding the discovery of Source Code.

October 23, 2009

SIGNED this 23rd day of June, 2009.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE

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