ContentGuard Holdings, Inc. v. Amazon.com Inc. et al

Filing 980

MEMORANDUM OPINION AND ORDER. Signed by Judge Rodney Gilstrap on 10/02/2015. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
CONTENTGUARD HOLDINGS, INC.,
Plaintiff,
v.
AMAZON.COM, INC., et al.,
Defendants.

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Case No. 2:13-CV-1112-JRG

MEMORANDUM OPINION AND ORDER
Before the Court is the Partially Opposed Motion to Continue Trial Date (Dkt. No. 938)
(“Mot.”) filed by Apple Inc. (“Apple”). Apple requests a continuance of the trial date until after
November 10, 2015, because of the unavailability of its corporate representative, Mr. Bud Tribble.
Plaintiff ContentGuard Holdings, Inc. (“ContentGuard”) initially indicated a willingness to
accommodate Apple’s request, so long as the trial would be complete prior to the Thanksgiving
Holiday. See (Mot., at Certificate of Conference.) ContentGuard has since filed an opposition to
Apple’s request. (Dkt. No. 975.) (“Opp.”) After consideration of the circumstances regarding Mr.
Tribble’s unavailability, the Court finds that the Motion should be GRANTED-IN-PART.
Accordingly, jury selection remains set for November 9, 2015. However, the Court hereby sets trial
to begin at 8:30 A.M. CDT on November 11, 2015. Apple may, but is not required, to have another
officer present at voir dire and later substitute Mr. Tribble as Apple’s corporate representative at the
time the case-in-chief begins. Neither part shall disclose to the jury or the venire panel the reason or
reasons for Mr. Tribble’s absence during jury selection, without express leave of Court.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 2nd day of October, 2015.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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