Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 473

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

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 473

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Eolas Technologies Incorporated, Plaintiff, vs. Adobe Systems Inc., Amazon.com, Inc., Apple Inc., Blockbuster Inc., CDW Corp., Citigroup Inc., eBay Inc., Frito-Lay, Inc., The Go Daddy Group, Inc., Google Inc., J.C. Penney 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.

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Civil Action No. 6:09-cv-446

JURY TRIAL

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR STAPLES, INC. TO COMPLETE CERTAIN DISCOVERY Defendant Staples, Inc. ("Staples") respectfully moves the Court to extend its deadline for rolling document production from October 20, 2010 (Dkt. No. 429) until October 29, 2010. Counsel for Staples has alerted counsel for Plaintiff Eolas Technologies, Inc. ("Eolas") that logistical challenges would prevent a complete production by that date. Specifically, as a result of Eolas' Amended Infringement Contentions against Staples, Staples has been required to search for and produce additional documents beyond what was originally required. Staples has produced documents to Eolas and will continue to do so on a rolling basis. The parties have conferred and agreed that the deadline for completion of Staples' document production should be extended to October 29, 2010. As such, this motion is unopposed. This motion is not made for delay and should not affect any other deadlines applicable to this litigation.

Dockets.Justia.com

Accordingly, Staples respectfully requests that the Court grant this unopposed Motion and extend the specified document production deadline for Staples up to and including October 29, 2010. Date: October 20, 2010 Respectfully submitted,

/s/ Kate Hutchins Michael E. Richardson, TX Bar No. 24002838 BECK REDDEN & SECREST 1221 McKinney, Suite 4500 Houston, TX 77010 Telephone: [phone] Facsimile: [phone] [e-mail] Mark G. Matuschak, admitted pro hac vice Donald R. Steinberg, admitted pro hac vice WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Kate Hutchins, admitted pro hac vice WILMER CUTLER PICKERING HALE AND DORR LLP 399 Park Avenue New York, NY 10011 Telephone: [phone] Facsimile: [phone] [e-mail] Daniel V. Williams, admitted pro hac vice WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue NW Washington, DC 20006 Telephone: [phone] Facsimile: [phone] [e-mail]

ATTORNEYS FOR DEFENDANT STAPLES, INC.

CERTIFICATE OF CONFERENCE I, Kate Hutchins, counsel for Staples, Inc. certify that I conferred with Matt Rappaport, counsel for Eolas, on this 20th day of October 2010, by email at approximately 11:00 a.m. (EDT). Mr. Rappaport confirmed that Eolas does not oppose this motion. /s/ Kate Hutchins Kate Hutchins

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. FOR EXTENSION OF TIME TO COMPLETE CERTAIN DISCOVERY via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this the 20th day of October 2010. /s/ Kate Hutchins Kate Hutchins