Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1347

ORDER re 1345 Notice of receipt by the Clerk's Office of a large binder filed by YouTube, LLC, The Go Daddy Group, Inc., J.C. Penney Corporation, Inc., Yahoo! Inc., Google Inc., Adobe Systems Incorporated, Amazon.com Inc., Staples, Inc., withdrawing permission to submit the large binder non-electronically and ordering that it be submitted electronically within one business day according to the Local Rules. Signed by Judge Leonard Davis on 2/9/12. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

EOLAS TECHNOLOGIES
INCORPORATED and
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA,
Plaintiffs,
vs.
ADOBE SYSTEMS, INC., AMAZON.COM
INC., CDW CORPORATION, CITIGROUP
INC., THE GO DADDY GROUP, INC.,
GOOGLE INC., J.C. PENNEY
CORPORATION, INC., STAPLES, INC.,
YAHOO! INC., AND YOUTUBE, LLC.,
Defendants.

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CASE NO. 6:09-CV-446

ORDER
Yesterday at trial after the jury had been excused for the day, Defendants represented to
the Court that they needed permission to file two exhibits via conventional filing rather than
electronically as required by Local Rule CV-5(a). Defendants’ representation conveyed to the
Court that these exhibits needed to be filed non-electronically, thus the Court granted permission
to file conventionally. Defendants have filed three CDs and two DVDs, see Docket No. 1344,
and a larger binder and one DVD, see Docket No. 1345, with the Clerk’s Office. The Clerk’s
Office has since notified the Court that they informed inquiring counsel that the large binder
could be scanned and submitted electronically according to the 10MB submission limit for this
District. See Local Rule CV-5(a)(4); The United States District Court - Eastern District of Texas,
http://www.txed.uscourts.gov/index.shtml (noting the megabyte limit increase for e-filings).
This District requires electronic filing for a reason: it saves scarce time and resources.
Non-electronic submissions must be scanned (if possible) by District personnel and stored in a

vault. While it is common for CD and DVD exhibits to be submitted non-electronically, large
binders of paper are typically scanned and submitted electronically by the parties. Otherwise,
District personnel must then scan and file the non-electronic paper submission. Accordingly, the
Court withdraws permission to submit the large binder non-electronically and ORDERS that it
be submitted electronically within one business day according to the Local Rules.
So ORDERED and SIGNED this 9th day of February, 2012.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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