Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1102

Unopposed MOTION for Extension of Time to File (Motion to Extend the Deadline for Plaintiffs' Rebuttal Expert Report on Damages) 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., 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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PLAINTIFFS’ UNOPPOSED MOTION TO EXTEND THE DEADLINE
FOR PLAINTIFFS’ REBUTTAL EXPERT REPORT ON DAMAGES
Plaintiffs the Regents of the University of California and Eolas Technologies, Inc.
(collectively, “Plaintiffs”) file this, their Unopposed Motion to Extend the Deadline For
Plaintiffs’ Rebuttal Expert Report and respectfully show the Court the following:
On September 15, 2011, the Court entered a Docket Control Order setting November 15,
2011, as the deadline for rebuttal expert reports. [Dkt. No. 979.] On November 14, 2011 at
10:15 pm Defendants served a supplemental expert report authored by Nicholas P. Godici. To
address Mr. Godici’s original and supplemental report in one report, Plaintiffs have requested an
extension of the deadline for Plaintiffs’ rebuttal expert report to Nicholas P. Godici’s expert
reports from the current deadline of November 15, 2011 up to and including November 29, 2011.

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This Motion is not made for delay and should not impact any other deadline applicable to
this litigation. Accordingly, Plaintiffs respectfully move the Court for an Order extending the
deadline for Plaintiffs to serve their rebuttal expert report to Nicholas P. Godici’s expert reports
from November 15, 2011 up to and including November 29, 2011. Defendants have indicated
that they are not opposed to the relief requested in this motion.

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Dated: November 15, 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]
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]
J.R. Johnson
Texas State Bar No. 24070000
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]

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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

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CERTIFICATE OF CONFERENCE
Counsel for Plaintiffs have conferred with counsel for Defendants regarding the relief
requested in this Motion. Defendants are unopposed to the relief requested in this Motion

/s/ Josh Budwin
Josh W. Budwin

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 services pursuant to Local Rule CV-5(a)(3)(A), on November 15, 2011.
/s/ Josh Budwin
Josh W. Budwin

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