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

Filing 206

Joint MOTION to Further Extend Certain Scheduling Deadline by Software Rights Archive, LLC, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)

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

Doc. 206

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. JOINT MOTION TO FURTHER EXTEND CERTAIN SCHEDULING DEADLINE Come now Plaintiff Software Rights Archive, LLC ("SRA") and Defendant Yahoo! Inc. ("Yahoo!") to file this Joint Motion to Further Extend Certain Scheduling Deadline, and in support of same would show the Court as follows: 1. SRA and Yahoo! have reached agreement to extend a scheduling deadline in this Civil Case No. 2:07-cv-511 (CE)

matter. The current deadline and the agreed to extended deadline appear in the below chart: EVENT Plaintiff will determine which 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 January 8, 2010. 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 CURRENT DEADLINE January 8, 2010 AGREED TO EXTENDED DEADLINE February 15, 2010

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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 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. 2. SRA and Yahoo! are working to reach agreement to narrow the scope of Yahoo!'s

Source Code for production. Yahoo! is currently under no obligation to produce all of its Source Code for its accused system in this matter. 3. This case is still in its relatively early stages, and the above agreed to extended

deadline will not adversely affect any other of the Court's deadlines. For example, jury selection is not scheduled to occur until May 2, 2011. This Motion is not sought for delay, but that justice might be done.

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WHEREFORE, the parties jointly and respectfully request that the above deadlines be further extended as agreed to by the parties as set forth in the above chart.

Dated: January 7, 2010

Respectfully submitted,

By: /s/ Lee L. Kaplan, with permission by Michael E. Jones Lee L. Kaplan LEAD ATTORNEY State Bar No. 11094400 SMYSER KAPLAN & VESELKA, L.L.P. 700 Louisiana, Suite 2300 Houston, Texas 77002 [phone] [phone] (fax) [e-mail] Victor G. Hardy State Bar No. 00790821 (Requesting Admission Pro Hac Vice) Andrew G. DiNovo State Bar No. 00790594 Adam G. Price State Bar No. 24027750 Jay D. Ellwanger State Bar No. 24036522 DINOVO PRICE ELLWANGER LLP P.O. Box 201690 Austin, Texas 78720 [phone] [phone] (fax) [e-mail]

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Of counsel: S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 CAPSHAW DERIEUX 1127 Judson Road, Suite 220 P.O. Box 3999 Longview, TX 75606-3999 [phone] [phone] (fax) [e-mail] Robert M. Parker State Bar No. 15498000 Robert C. Bunt State Bar No. 00787165 Charles Ainsworth State Bar No. 0078352 PARKER, BUNT & AINSWORTH, P.C. 100 East Ferguson, Suite 1114 Tyler, Texas 75702 [phone] [phone] (fax) ATTORNEYS FOR PLAINTIFF SOFTWARE RIGHTS ARCHIVE, L.L.C.

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By: /s/ Richard S.J. Hung, with permission by Michael E. Jones Michael A. Jacobs (CA Bar No. 111664) Richard S. J. Hung (CA Bar No. 197425) MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-268-7522 Email: [e-mail] Email: [e-mail] Michael E. Jones Texas Bar No. 10929400 Potter Minton, A Professional Corporation 110 North College, Suite 500 Tyler, Texas 75702 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant YAHOO! INC. CERTIFICATE OF SERVICE I hereby certify that counsel of record who are deemed to have consented to electronic service are being served this 7th day of January 2010, with a copy of this document via the Court`s CM/ECF system per Local Rule CV-5(a)(3). /s/ Michael E. Jones Michael E. Jones

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