Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 414

Unopposed MOTION for Extension of Time to Complete Discovery by Adobe Systems Incorporated. (Attachments: # 1 Text of Proposed Order Granting Adobe Systems Incorporated's Unopposed Motion for Extension of Time to Complete Certain Discovery)(Wolff, Jason)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 414

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

EOLAS TECHNOLOGIES, INC. Plaintiff, Civil Action No. 6:09-CV-446 LED v. JURY TRIAL DEMANDED ADOBE SYSTEMS, INC., ET AL., Defendants. UNOPPOSED MOTION FOR EXTENSION OF TIME FOR ADOBE SYSTEMS INCORPORATED TO COMPLETE CERTAIN DISCOVERY Defendant Adobe Systems Incorporated ("Adobe") hereby moves the Court for an extension of time to complete certain discovery. The parties have conferred regarding the relief requested herein and this motion is unopposed. The deadlines for the parties to conclude document production and exchange privilege logs are currently set for September 29, 2010 and October 16, 2010, respectively (Docket No. 381). The parties have conferred and agreed that the deadlines for completion of Adobe's document production and service of a privilege log should be extended to October 13, 2010 and October 27, 2010, respectively. Adobe will begin its production on a rolling basis starting no later than September 29, 2010 and believes it can complete its rolling production on or prior to October 13, 2010. Although Adobe has been diligently searching for responsive documents, and has produced and made available for inspection materials already, this extension is necessary because several of the custodians, some of which have been with Adobe or its predecessors (e.g. 1

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Macromedia) for over a decade, had multiple computers, multiple archived copies of email, and a substantial volume of materials that appears to be redundant (e.g. when the custodian moved from one computer to a new one). These issues have presented unanticipated logistical challenges locating the computers (some of which were out of service for years), imaging them (at least one had a virus), extracting the data necessary to perform the keyword searches negotiated between Adobe and Eolas, identifying responsive materials, and logging the subset of responsive materials that is privileged or otherwise immune from discovery. Accordingly, Adobe respectfully requests that the Court grant this unopposed Motion and extend the specified document production and privilege log deadlines for Adobe up to and including October 13, 2010 and October 27, 2010, respectively.

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Dated: September 23, 2010

Respectfully submitted, By: /s/ Jason W. Wolff David J. Healey E-mail: [e-mail] FISH & RICHARDSON P.C. 1 Houston Center 1221 McKinney Street, Suite 2800 Houston, TX 77010 713-654-5300 (Telephone) 713-652-0109 (Facsimile) OF COUNSEL: Frank E. Scherkenbach E-mail: [e-mail] FISH & RICHARDSON P.C. 225 Franklin Street Boston, MA 02110-2804 617-542-5070 (Telephone) 617-542-8906 (Facsimile) Jason W. Wolff E-mail: [e-mail] Joseph P. Reid E-mail: [e-mail] FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 858-678-5070 (Telephone) 858-678-5099 (Facsimile) Counsel for Defendant ADOBE SYSTEMS INCORPORATED

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic mail are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this 23 day of September, 2010. Any other counsel of record will be served via First Class U.S. Mail on this same date.

/s/ Jason W. Wolff Jason W. Wolff

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