EMG Technology, LLC v. Apple, Inc.

Filing 161

Agreed MOTION re 100 Order, 99 Order to Modify the Docket Control and Discovery Orders by Apple, Inc., American Airlines, Inc.. (Attachments: # 1 Text of Proposed Order)(Lane, John)

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EMG Technology, LLC v. Apple, Inc. Doc. 161 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION EMG TECHNOLOGY, LLC, Plaintiff, v. APPLE INC., AMERICAN AIRLINES, INC., DELL, INC., HYATT CORPORATION, MARRIOTT INTERNATIONAL, INC., & BARNES & NOBLE, INC., Defendants. AGREED MOTION TO MODIFY THE DOCKET CONTROL AND DISCOVERY ORDERS The Court's July 20, 2009 Docket Control Order states that Defendants shall comply with P.R. 3-3 and P.R. 3-4 by August 21, 2009. (Dkt. #100). The Court has subsequently granted motions so that Defendants must now comply with P.R. 3-3 and P.R. 3-4 by October 28, 2009. (See Dkt. #149.) Plaintiff EMG Technology, LLC ("EMG") and defendants Apple Inc. Case No. 6:08-cv-447-LED JURY TRIAL DEMANDED ("Apple") and American Airlines, Inc. ("American") have met and conferred and agreed that it is in each of their interests to further extend the date by which defendants Apple and American must comply with P.R. 3-3 and P.R. 3-4 until November 11, 2009. In addition, the Court's July 20, 2009 Discovery Order (Dkt. #99) specifies that (1) Plaintiff is to produce documents relevant to any claim for relief or defensive matter other than those addressed in the Patent Rules (paragraph 2.B.), (2) Defendants will begin rolling document production (paragraph 2.C.i.), and (3) the parties will produce a complete computation of any category of damages (paragraph 2.D.) by October 19, 2009. The Court has subsequently granted a motion so that these three dates are extended to November 2, 2009. (See Dkt. #149.) Plaintiff Dockets.Justia.com EMG and defendants Apple and American have further agreed that it is in each of their interests to extend the dates by which (1) EMG must produce documents to Apple and American under paragraph 2.B. of the Discovery Order, (2) defendants Apple and American must begin rolling document production under paragraph 2.C.i. of the Discovery Order, and (3) plaintiff EMG and defendants Apple and American must produce to each other a complete computation of any category of damages under paragraph 2.D. of the Discovery Order to November 16, 2009. In addition, the Court's July 20, 2009 Discovery Order (Dkt. #99) specifies that (1) Defendants shall complete their production of documents, data compilations and tangible things in the possession, custody, or control of the defendants that are relevant to the parties pleaded claims or defenses (except for email and source code) by December 18, 2009 (paragraph 2.C.iii.), and that (2) the parties shall exchange privilege logs by December 18, 2009 (paragraph 5.). Plaintiff EMG and defendants Apple and American have further agreed that it is in each of their interests to extend the dates by which (1) defendants Apple and American shall complete their production of documents, data compilations and tangible things in their respective possession, custody, or control that are relevant to their respective pleaded claims or defenses (except for email and source code) under paragraph 2.C.iii. of the Discovery Order, and (2) plaintiff EMG and defendants Apple and American exchange privilege logs with each other under paragraph 5. of the Discovery Order to January 15, 2010. Accordingly, plaintiff EMG and defendants Apple and American respectfully request that the Court modify: A. the Docket Control Order so that the date by which defendants Apple and American must comply with P.R. 3-3 and P.R. 3-4 is extended from October 28, 2009 to November 11, 2009; 2 B. the Discovery Order so that the dates by which (1) plaintiff EMG must produce documents to Apple and American under paragraph 2.B. of the Discovery Order, (2) defendants Apple and American must begin rolling document production under paragraph 2.C.i. of the Discovery Order, and (3) plaintiff EMG and defendants Apple and American must produce to each other a complete computation of any category of damages under paragraph 2.D. of the Discovery Order are extended from November 2, 2009 to November 16, 2009; and C. the Discovery Order so that the dates by which (1) defendants Apple and American shall complete their production of documents, data compilations and tangible things in their respective possession, custody, or control that are relevant to their respective pleaded claims or defenses (except for email and source code) under paragraph 2.C.iii. of the Discovery Order, and (2) plaintiff EMG and defendants Apple and American exchange privilege logs with each other under paragraph 5. of the Discovery Order are extended from December 18, 2009 to January 15, 2010. Dated: October 26, 2009 Respectfully Submitted, By: /s/ John R. Lane David J. Healey Lead Attorney Texas Bar No. 09327980 Garland T. Stephens Texas Bar No. 24053910 John R. Lane Texas Bar No. 24057985 FISH & RICHARDSON P.C. 1221 McKinney Street Suite 2800 Houston, TX 77010 Tel: 713-652-0115 Fax: 713-652-0109 Email: healey@fr.com Email: stephens@fr.com 3 Email: jlane@fr.com ATTORNEYS FOR DEFENDANTCOUNTERCLAIM PLAINTIFF, APPLE INC. By: /s/ Ronald F. Lopez with permission by John R. Lane Ronald F. Lopez Lead Attorney Nixon Peabody LLP One Embarcadero Center, 18th Floor San Francisco, CA 94111 Tel: 415-984-8368 Fax: 866-293-2789 Email: rflopez@nixonpeabody.com Constance M. Boland Nixon Peabody LLP 437 Madison Avenue New York, NY 10022 Tel: 212-940-3122 Fax: 866-947-2210 Email: cboland@nixonpeabody.com Elizabeth L. DeRieux Texas Bar No. 05770585 S. Calvin Capshaw Texas Bar No. 03783900 Daymon Jeffrey Rambin Texas Bar No. 00791478 CAPSHAW DERIEUX LLP 1127 Judson Road, Suite 220 P.O. Box 3999 (75606-3999) Longview, Texas 75601-5157 Tel: 903-236-9800 Fax: 903-236-8787 E-mail: ederieux@capshawlaw.com E-mail: ccapshaw@capshawlaw.com E-mail: chenry@capshawlaw.com E-mail: jrambin@capshawlaw.com ATTORNEYS FOR DEFENDANTCOUNTERCLAIM PLAINTIFF, AMERICAN AIRLINES, INC. 4 CERTIFICATE OF SERVICE I hereby certify that all counsel of record, who are deemed to have consented to electronic service, are being served this 26th day of October, 2009, with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). /s/ Jason Bonilla JASON BONILLA 5

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