Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 433

Unopposed MOTION for Extension of Time to Complete Discovery by Playboy Enterprises International, Inc.. (Attachments: # 1 Text of Proposed Order)(Fedock, John)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 433

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Eolas Technologies Incorporated, Plaintiff, v. Adobe Systems Inc., Amazon.com, Inc., Apple Inc., Argosy Publishing, Inc., Blockbuster Inc., CDW Corp., Citigroup Inc., eBay Inc., Frito-Lay, Inc., The Go Daddy Group, Inc., Google Inc., J.C. Penny Company, Inc., JPMorgan Chase & Co., New Frontier Media, Inc., Office Depot, Inc., Perot Systems Corp., Playboy Enterprises International, Inc., Rent-A-Center, Inc., Staples, Inc., Sun Microsystems Inc., Texas Instruments, Inc., Yahoo! Inc., and YouTube, LLC Defendants. § § § § § § § § § § § § § § § § § § § § §

C.A. NO. 6:09-CV-446 (LED)

JURY TRIAL DEMANDED

UNOPPOSED MOTION OF PLAYBOY ENTERPRISES INTERNATIONAL FOR EXTENSION OF TIME TO COMPLETE CERTAIN DISCOVERY Defendant Playboy Enterprises International, Inc. ("Playboy") respectfully moves the Court to extend (i) its deadline for rolling document production from September 29, 2010 (Dkt. 381) until October 20, 2010, and (ii) its deadline for the exchange of privilege logs from October 16, 2010 (Dkt. 381) until November 16, 2010. Playboy has produced documents to Plaintiff and will continue to produce documents to Plaintiff on a rolling basis. While gathering documents for production, Playboy has recently discovered additional sources of responsive material, but has not yet been able to adequately review and process those documents for production. Playboy is reviewing and producing this material on a rolling basis as quickly as reasonably possible, will continue to do so, and has

Dockets.Justia.com

reached an understanding with Eolas that ­ given the number of accused Playboy's products and the resultant scope of Playboy's production ­ additional time is required to complete Playboy's production. The parties have met and conferred, and agreed that Playboy should endeavor to complete its rolling document production by October 20, 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, Playboy respectfully moves the Court for an Order extending the deadline for Defendant Playboy Enterprises International, Inc., to complete its rolling document production pursuant to Paragraph 2(b) of the Joint Agreed Discovery Order (Dkt. 247) until October 20, 2010 and to exchange its privilege log pursuant to the Docket Control Order (Dkt. 249) until November 16, 2010.

Dated: September 29, 2010

Respectfully submitted, /s/ John A. Fedock David B. Weaver (TX Bar No. 00798576) Avelyn M. Ross (TX Bar No. 24027871) Gentry C. McLean (TX Bar No. 24046403) John A. Fedock (TX Bar No. 24059737) VINSON & ELKINS L.L.P. 2801 Via Fortuna, Suite 100 Austin, Texas 78746-7568 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Counsel for Playboy Enterprises International, Inc.

CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on September 29, 2010. Any other counsel of record will be served by first class mail on this same date. /s/ John A. Fedock John A. Fedock