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)

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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. § § § Civil Action No. 6:09-CV-00446-LED § § § § JURY TRIAL § § § § § § § § § § § § § 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. 1 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. dougmcswane@potterminton.com 110 N. College Street, Suite 500 Tyler, Texas 75702 Tel: (903) 597-8311 Fax: (903) 593-0846 GREENBERG TRAURIG LLP Jeffrey K. Joyner (admitted pro hac vice) joynerj@gtlaw.com Jeffrey F. Yee (admitted pro hac vice) yeej@gtlaw.com 2450 Colorado Avenue, Suite 400E Santa Monica, California 90404 Telephone: (310) 586-7700 Facsimile: (310) 586-7800 2 Dwayne L. Mason Texas State Bar #00787977 masondl@gtlaw.com 1000 Louisiana Street, Suite 1700 Houston, Texas 77002 Tel: (713) 374-3500 Fax: (713) 374-3505 ATTORNEYS FOR DEFENDANT FRITO-LAY, INC. 3 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. 4

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