Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1056

Unopposed MOTION to Amend/Correct Docket Control Order by Frito-Lay, Inc.. (Attachments: # 1 Text of Proposed Order)(McSwane, Douglas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated,
Plaintiff,
vs.
Adobe Systems Inc., Amazon.com, Inc.,
Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp.,
Citigroup Inc., eBay Inc., Frito-Lay, Inc.,
The Go Daddy Group, Inc., Google Inc.,
J.C. Penney Company, Inc., JPMorgan
Chase & Co., New Frontier Media, Inc.,
Office Depot, Inc., Perot Systems Corp.,
Playboy Enterprises International, Inc.,
Rent-A-Center, Inc., Staples, Inc., Sun
Microsystems Inc., Texas Instruments Inc.,
Yahoo! Inc., and YouTube, LLC
Defendants.

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§ Civil Action No. 6:09-CV-00446-LED
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JURY TRIAL
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UNOPPOSED MOTION TO AMEND DOCKET CONTROL ORDER WITH RESPECT
TO EOLAS TECHNOLOGIES, INC. AND FRITO-LAY, INC. ONLY
Defendant Frito-Lay, Inc. (“Frito-Lay”) and Plaintiff Eolas Technologies Incorporated
(“Eolas”) have scheduled a mediation session with Mediator Judge Robert Faulkner on
November 9, 2011. In order to provide the parties sufficient time to prepare and meaningfully
engage in the upcoming mediation, Frito-Lay respectfully requests that deadlines for fact
discovery cutoff, the parties’ opening expert reports, and rebuttal expert reports be extended.
Below is a chart summarizing the current deadlines and the Frito-Lay’s proposed deadlines.

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Eolas v. Frito-Lay Only
Current Deadline (Dkt. 979)

Proposed Deadlines

Fact discovery cutoff (as to
Eolas v. Frito-Lay only)

November 9, 2011

November 18, 2011

Parties with burden of proof
designate expert, expert reports
due (as to Eolas v. Frito-Lay
only)

November 16, 2011

November 29, 2011

Rebuttal expert reports and
identify
rebuttal
trial
witnesses (as to Eolas v.
Frito-Lay only)

December 16, 2011

December 19, 2011

Event

The parties have met and conferred, and Eolas does not oppose Frito-Lay’s Motion.
This Motion is not made for the purpose of delay and does not affect the date of trial, jury
selection or the pretrial conference. For the reasons stated above, Frito-Lay respectfully requests
the Court grant this joint motion.
Dated: October 25, 2011

Respectfully submitted,
/s/ Douglas R. McSwane, Jr.
POTTER MINTON P.C.
Douglas R. McSwane, Jr.
[e-mail]
110 N. College Street, Suite 500
Tyler, Texas 75702
Tel: [phone]
Fax: [phone]
GREENBERG TRAURIG LLP
Jeffrey K. Joyner (admitted pro hac vice)
[e-mail]
Jeffrey F. Yee (admitted pro hac vice)
[e-mail]
2450 Colorado Avenue, Suite 400E
Santa Monica, California 90404
Telephone: [phone]
Facsimile: [phone]
2

Dwayne L. Mason
Texas State Bar #00787977
[e-mail]
1000 Louisiana Street, Suite 1700
Houston, Texas 77002
Tel: [phone]
Fax: [phone]
ATTORNEYS FOR DEFENDANT
FRITO-LAY, INC.

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in
compliance with Local Rule CV-5(a). As such, this document was served on all counsel who
have consented to electronic service. Local Rule CV-5(a)(3)(A) on this October 26, 2011.
/s/ Douglas R. McSwane, Jr.
Douglas R. McSwane, Jr.

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