Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 429

Unopposed MOTION for Extension of Time to Complete Discovery by Staples, Inc.. (Attachments: # 1 Text of Proposed Order)(Richardson, Michael)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 429

IN THE LINITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF'TEXAS TYLER DIYISION
EOLAS TECHNOLOGIES INCORPORATED.
CASE NO. 6:09-cv-446 v.

ADOBE SYSTEMS [NC., ET AL,
Defendants.

Hon. Leonard E. Davis

ruRY

T]NOPPOSED MOTION OF STAPLES INC. FOR EXTENSION OF'TIME

TO COMPLETE CERTAIN DISCOVERY

Defendant Staples, Inc. respectfully move the Court to extend

(i) Staples' deadline for

rolling document production from September 29,2010 (Dkt. 381) until October 20,2010, and

(ii) Staples'deadline forthe exchange of privilege logs from October 16,2010 (Dkt.381) until
November 6,2010.
Staples has been producing documents to Plaintiff on a rolling basis and

will continue to
Amended produce

produce documents

to Plaintiff on a rolling basis. As a result of Plaintiffs

Infringement Contentions against Staples, Staples

is

required

to

search

for and

additional documents beyond what was originally required. Eolas and Staples have reached an
understanding that an extension of time to produce documents is required for Staples to collect

and produce documents, and Staples

will

continue to produce documents on a rolling basis

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during that time. The parties have met and conferred, and agree that Staples should endeavor to complete its rolling document production by October 20,2010 and exchange privilege logs by November 6,2010. 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, Staples respectfully moves the Court for an Order extending the deadline for Defendant Staples to complete its rolling document productions pursuant to Paragraph 2(b) of
the Joint Agreed Discovery Order (DW.. 247) until October 20, 2010 and to exchange their privilege logs pursuant to the Docket Control Order (DW.249) until November 6, 2010.

Date: September 29, 2010

Respectfu lly submitted,

/s/ Michael E. Richardson Michael E. Richardson (TX Bar No. 24002838) BECK REDDEN & SECREST l22l McKfurney, Suite 4500 Houston, TX770I0 Telephone : (7 13) 9 5 I -6284 Facsimile: (7 13) 951-3720 mrichardson@brsfi rm. com

Donald R Steinberg(admitted pro hac vice) don. steinb e ry@wilmerhale. c om Mark G. Matuschak (admitted pro hac vice) mark.matuschak@wilmerhale. com Wilmer Cutler Pickering Hale and Dorr LLP 60 State Street Boston, MA 02109 Tel. [phone] Fax: [phone]

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Kate Hutchins (admitted pro hac vice) kate.hutchins@wilmerhale. com Alexandra McTague (admitted pro hac vice) alexandra. m ctague @wi lmerhale. com V/ilmer Cutler Pickering Hale and Don LLP 399 Park Avenue New York, NY 10022 Tel.[phone] Fax:[phone]

ATTORNEYS FOR DEF'ENDANT STAPLES INC.

CERTIFICATE OF CONFERENCE
I, Alexandra McTague, counsel for Staples, Inc. certiff that I confened with Josh Budwin, counsel for Eolas, on this 28w day of Septemb er 2010, by telephone at approximately 9:45 a.m. (EDT), and again by email. Mr. Budwin confirmed that Eolas does not oppose this motion.
lsl Alexandra McTague Alexandra McTasue

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' STAPLES INC. F'OR EXTENSION OF' TIME TO COMPLETE CERTAIN DISCOVERY via the Court's CMÆCF system per Local Rule CV-5(aX3) on this the 29th day
of September 2010.
/s/ Michael E. Richardson Michael E. Richardson

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