Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1396

Unopposed MOTION to Amend/Correct Post-Trial Deadline for Submission of Defendants' Bill of Costs by Amazon.com Inc., Google Inc., J.C. Penney Corporation, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)

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

EOLAS TECHNOLOGIES
INCORPORATED,
PLAINTIFF,
v.
ADOBE SYSTEMS INC., et al.,
DEFENDANTS.

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Civil Action No. 6:09-CV-446-LED

JURY TRIAL DEMANDED

UNOPPOSED MOTION TO AMEND POST-TRIAL DEADLINE FOR SUBMISSION OF
DEFENDANTS’ BILL OF COSTS
Defendants, Amazon.com, Inc., Google, Inc., J.C. Penney Corp., Inc., Yahoo! Inc., and
YouTube LLC (collectively the “Defendants”) respectfully move to amend the post-trial
deadline for submission of Defendants’ Bill of Costs, as prescribed by Fed. R. Civ. P.
54(d)(2)(B)(i) and Local Rule CV-54(a) from April 20, 2012, to April 26, 2012. The parties have
conferred regarding the requested relief and none are opposed.
The parties further agree that, in order to effectively assemble a joint submission that the
following deadlines shall apply:
Defendants shall provide Plaintiffs with their final bills of cost and an
initial draft of Defendants’ portion of the joint report by April 23, 2012 at 6:00pm
central time;
Plaintiffs shall provide Defendants an initial draft of Plaintiffs’ portion of
the draft joint report by April 24, 2012 at 6:00pm central time;

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Defendants shall provide any additional comments or edits to the
Defendants’ portion of the joint report to Plaintiffs by April 25, 2012 at 3:00pm
central time;
Plaintiffs shall provide Defendants any additional comments or edits to
Plaintiffs’ portion of the draft joint report by April 26, 2012 at 3:00pm central
time; and
Defendants shall provide additional comments and/or approval for filing
of the joint report by April 26, 2012 at 6:00pm central time.
This motion is not made for delay and should not impact any other deadline applicable to
this case. For these reasons, and consistent with the agreed schedule set forth above, the
Defendants respectfully request that the Court grant this unopposed motion and extend the
deadline for submission of Defendants’ Bill of Costs from April 20, 2012 to April 26, 2012.

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Respectfully submitted,
Dated: April 20, 2012
By: /s/ Douglas E. Lumish, with permission by
Michael E. Jones
Douglas E. Lumish
[e-mail]
Jeffrey G. Homrig
[e-mail]
Jonathan K. Waldrop (pro hac vice)
[e-mail]
Joseph H. Lee (pro hac vice)
[e-mail]
Parker C. Ankrum (pro hac vice)
[e-mail]
KASOWITZ BENSON TORRES &
FRIEDMAN LLP
333 Twin Dolphin Dr., Suite 200
Redwood Shores, CA 94065
Telephone:
[phone]
Facsimile:
[phone]
James R. Batchelder (pro hac vice)
[e-mail]
Sasha G. Rao (pro hac vice)
[e-mail]
Mark D. Rowland
[e-mail]
Brandon Stroy (pro hac vice)
[e-mail]
Lauren Robinson (pro hac vice)
[e-mail]
Rebecca R. Hermes (pro hac vice)
[e-mail]
Han Xu (pro hac vice)
[e-mail]
ROPES & GRAY LLP
1900 University Avenue, 6th Floor
East Palo Alto, CA 94303-2284
Telephone:
[phone]
Facsimile:
[phone]

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Michael E. Jones (Bar No. 10929400)
[e-mail]
Allen F. Gardner (Bar No. 24043679)
[e-mail]
POTTER MINTON
A Professional Corporation
110 N. College, Suite 500
Tyler, TX 75702
Telephone:
[phone]
Facsimile:
[phone]
ATTORNEYS FOR DEFENDANTS
GOOGLE, INC. AND YOUTUBE, LLC

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By: /s/ Jennifer H. Doan, with permission by
Michael E. Jones
Jennifer H. Doan (TX Bar No. 08809050)
Joshua R. Thane (TX Bar No. 24060713)
HALTOM & DOAN
6500 Summerhill Road, Suite 100
Texarkana, TX 75503
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Edward R. Reines
Jared B. Bobrow
Sonal N. Mehta
Aaron Y. Huang
Andrew L. Perito
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Doug W. McClellan
WEIL, GOTSHAL & MANGES LLP
700 Louisiana, Suite 1600
Houston, TX 77002
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Otis Carroll (TX Bar No. 3895700)
Deborah Race (TX Bar No. 11648700)
IRELAND, CARROLL & KELLEY, P.C.
6101 South Broadway, Suite 500
Tyler, Texas 75703
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
ATTORNEYS FOR DEFENDANT
AMAZON.COM INC. AND YAHOO! INC.
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By: /s/ Christopher M. Joe, with permission by
Michael E. Jones
Christopher M. Joe
[e-mail]
Eric W. Buether
[e-mail]
Niky Bukovcan
[e-mail]
1700 Pacific, Suite 2390
Dallas, TX 75201
Telephone:
[phone]
Facsimile:
[phone]
ATTORNEYS FOR DEFENDANT
J.C. PENNEY CORPORATION, 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). All other counsel of record not deemed to have consented
to electronic service were served with a true and correct copy of the foregoing by certified mail,
return receipt requested, on this the 20th day of April, 2012.

/s/ Michael E. Jones

CERTIFICATE OF CONFERENCE
The undersigned hereby certifies that on April 20, 2012 counsel for Defendants complied
with the meet and confer requirement in Local Rule CV-7(h). This motion is unopposed.
/s/ Michael E. Jones

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