Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 478

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. 478

IN TITE TJNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
EOLAS TECHNOLOGIES INCORPORATED,

Civil Action No. 6:09-cv-446
Hon. Leonard E. Davis

Plaintifl ruRY TRIAL
v.

ADOBE SYSTEMS INC. ET AL.
Defendants.

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR STAPLES.INC. TO COMPLETE CERTAIN DISCOVERY
Defendant Staples, Inc. ("Staples") respectfully moves the Court to extend Staples' deadline for rolling document production from October 29,2010 (Dkt. No. 475) to November 30, 2010, and its deadline to produce a privilege log from November 17,2010 (Dkt. No. 462) to

November 30,2010.
Before the October 29,2010 deadline, counsel for Staples 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 also encountered unforeseen delays in its collection

of

electronic documents, due in part to the implementation of a new e-discovery application. Staples
has already produced documents to Eolas, including what it currently believes to be the bulk of its

responsive documents, and will continue to produce documents on a rolling basis. The parties
have conferred and agreed that Staples' deadlines for both the completion of document production and the production of a privilege log should be extended to November 30, 2010. As such, this

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motion is unopposed.
This motion is not made for delay and should not affect any other deadlines applicable to

this litigation. Accordingly, Staples respectfully requests that the Court grant this unopposed Motion and
extend the specified document production and privilege 1og deadlines to November 30, 2010.

Date: October29,2010

Respectfully submitted,

/s/ Michael E. Richardson Michael E. Richardson, TX Bar No. 24002838 BECK REDDEN & SECREST l22I McKinney, Suite 4500 Houston, TX 77010 Telephone: (7 13) 9 5 l -6284 Facsimile: (7 13) 951 -3720 mrichardson@brsfi rm. com

Mark G. Matuschak, admittedpro hac vice Donald R. Steinberg, admitted pro hac vice V/ILMER CUTLER PICKERING HALE AND DORR LLP
60 State Street Boston, MA 02109 Telephone: [phone] Facsimile: [phone] mark. matuschak@wilmerhale. com donald. steinberg@wilmerhale. com Kate Hutchins, admitted pro hac vice

WILMER CUTLER PICKERING HALE AND DORR LLP

NewYork,NY

399 Park Avenue 10011 (21 2) 230-8800 Telephone: Facsimile: (2 12) 230-8888 kate. hutchins @wi lmerhale. com

Daniel V. Williams, admitted pro hac vice WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue N'W Washington, DC 20006 Telephone: [phone] Facsimile: (202) 663 -63 63 [e-mail]

ATTORNEYS FOR DEFENDAĦIT STAPLES,INC.

CERTIFICATE OF CONFERENCE
I, Meaghan Davant, counsel for Staples, Inc. certiff that I confened with Matt Rappaport, counsel for Eolas, on this 29th day of October 2010, by telephone at approximately 12:00 p.m. (EDT). Mr. Rappaport confirmed that Eolas does not oppose this motion'

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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 CMIECF system per Local Rule CV-5(aX3) on this the 29th day of October 2010. /s/ Michael E. Richardson Michael E. Richardson