Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 419

Unopposed MOTION for Extension of Time to Complete Discovery by Google Inc., YouTube, LLC. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 419

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. Hon. Leonard E. Davis JURY CASE NO. 6:09-cv-446

UNOPPOSED MOTION OF GOOGLE INC. AND YOUTUBE, LLC FOR EXTENSION OF TIME TO COMPLETE CERTAIN DISCOVERY Defendants Google Inc. and YouTube, LLC (collectively "Google") respectfully move the Court to extend (i) their deadline for rolling document production from September 29, 2010 (Dkt. 381) until October 29, 2010, and (ii) their deadline for the exchange of privilege logs from October 16, 2010 (Dkt. 381) until November 16, 2010. Google has been producing documents to Plaintiff on a rolling basis and Google will continue to produce documents to Plaintiff on a rolling basis. As part of Google's production, it is using search logic recently negotiated with Plaintiff to comb through material collected from a large number of custodians and to identify documents for production. Google is producing this material on a rolling basis as quickly as reasonably possible, will continue to do so, and has reached an understanding with Eolas that ­ given the number of accused Google products and

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the resultant scope of Google's production ­ additional time is required to complete Google's production. The parties have met and conferred, and agreed that Google should endeavor to complete its rolling document production by October 29, 2010 and exchange privilege logs by November 16, 2010. As such, this motion is unopposed. This motion is not made for delay, and should not impact any other deadlines applicable to this litigation. Accordingly, Google respectfully moves the Court for an Order extending the deadline for Defendants Google Inc. and YouTube, LLC to complete their rolling document productions pursuant to Paragraph 2(b) of the Joint Agreed Discovery Order (Dkt. 247) until October 29, 2010 and to exchange their privilege logs pursuant to the Docket Control Order (Dkt. 249) until November 16, 2010.

Dated: September 27, 2010

Respectfully submitted, By: /s/ Michael E. Jones _________________ Michael E. Jones State Bar No. 10929400 Allen F. Gardner State Bar No. 24043679 POTTER MINTON A Professional Corporation 110 N. College, Suite 500 (75702) P.O. Box 359 Tyler, Texas 75710 [phone] [phone] (Facsimile) [e-mail] [e-mail]

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Scott T. Weingaertner [e-mail] Robert F. Perry [e-mail] Christopher C. Carnaval [e-mail] Mark H. Francis [e-mail] KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036-4003 Telephone: [phone] Facsimile: [phone]

CERTIFICATE OF SERVICE
The undersigned hereby certifies that counsel of record who are deemed to have consented to electronic service are being served with a copy of this UNOPPOSED MOTION OF GOOGLE INC. AND YOUTUBE, LLC FOR EXTENSION OF TIME TO COMPLETE CERTAIN DISCOVERY via the Court's CM/ECF system per Local Rule CV5(a)(3) on this the 27th day of September 2010. Any other counsel of record will be served via First Class U.S. Mail on this same date. /s/ Michael E. Jones Michael E. Jones

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