Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1092

Unopposed MOTION to Expedite BRIEFING ON PLAINTIFFS' MOTION TO COMPEL DISCOVERY FROM STAPLES, INC. by Eolas Technologies Incorporated. (Attachments: # 1 Text of Proposed Order)(McKool, Mike)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated,
Plaintiff,
vs.
Adobe Systems Inc., et al.,
Defendants.

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§ Civil Action No. 6:09-CV-00446-LED
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§ JURY TRIAL
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PLAINTIFFS’ UNOPPOSED MOTION FOR EXPEDITED BRIEFING
ON PLAINTIFFS’ MOTION TO COMPEL DISCOVERY
FROM STAPLES, INC.
On November 4, 2011, Plaintiffs The Regents of the University of California and Eolas
Technologies Incorporated (“Plaintiffs”) filed their Motion to Compel Discovery from Staples,
Inc. (Dkt. Nos. 1090 and 1091). Plaintiffs request that the Court issue an expedited briefing
schedule on this motion and address the motion on an expedited basis. Staples has indicated that
it does not oppose this motion.
Because the requested discovery is needed for the completion of fact discovery, expert
reports and preparation for trial, and because the issues are straight-forward and have been
contemplated by the parties for some time, Plaintiffs request that the Court set an expedited
briefing schedule for Plaintiffs’ Motion to Compel Discovery from Staples, Inc., as set forth
below:
Staples’ opposition brief due:

Tuesday, November 15, 2011.

Plaintiffs’ reply brief due:

Friday, November 18, 2011.

Staples’ sur-reply brief due:

Tuesday, November 22, 2011.

WHEREFORE, Plainitiffs therefore requests the Court grant the expedited briefing
schedule as outlined above and in the attached Order.

Dated: November 4, 2011.

MCKOOL SMITH, P.C.
/s/ Mike McKool
Mike McKool
Lead Attorney
Texas State Bar No. 13732100
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
Holly Engelmann
Texas State Bar No. 24040865
[e-mail]
J.R. Johnson
Texas State Bar No. 24070000
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Gretchen K. Curran
Texas State Bar No. 24055979
[e-mail]
Matthew B. Rappaport
Texas State Bar No. 24070472
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]

Robert M. Parker
Texas State Bar No. 15498000
[e-mail]
Robert Christopher Bunt
Texas Bar No. 00787165
[e-mail]
Andrew T. Gorham
Texas State Bar No. 24012715
[e-mail]
PARKER, BUNT & AINSWORTH, P.C.
100 E. Ferguson, Suite 1114
Tyler, Texas 75702
[phone]
[phone]- Facsimile
ATTORNEYS FOR PLAINTIFF
EOLAS TECHNOLOGIES INC.
AND THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA

CERTIFICATE OF CONFERENCE
On November 1, 2011, Counsel for Plaintiffs e-mailed Counsel for Staples and asked
whether Staples would be opposed to the expedited briefing schedule set forth in this motion.
On November 3, 2011, Counsel for Staples responded and stated that Staples is not opposed to
the relief sought herein.

/s/ Thomas Fasone III
Thomas Fasone III
CERTIFICATE OF SERVICE
I hereby certify that counsel of record are being served with a copy of this document via
electronic mail on this day, November 4, 2011.
/s/ Thomas Fasone III
Thomas Fasone III