Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 480

Unopposed MOTION for Extension of Time to Complete Discovery by J.C. Penney Company, Inc.. (Attachments: # 1 Text of Proposed Order Granting Defendant J.C. Penney Corporation, Inc.'s Unopposed Motion for Extension of Time to Complete Certain Discovery)(Yee, Jeffrey)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 480

IN TIIE UMTED 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 Cotp., Citigroup Inc., eBay Inc., Frito-Lay,Inc., The Go Daddy Group,lnc., Google lnc., J.C. Penney Company, Inc., JPMorgan Chase & Co.,New Frontier Media, Inc., Office Depot,Inc., Perot Systems Cotp., Playboy Enterprises Intemational, Inc., Rent-A'Center, Inc., Staples, Inc., Sun Microsystems Inc., Texas Instruments Inc., Yahoo! Inc., and YouTube, LLC, Defendants.

$
$ $

$ Civil Action No. 6:09-cv-00446-LED
$ $ $ $ $ $ $ $ $ $

$

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR J.C. PENNEY CORPORATION.INC.. PROVIDED IT IS ADDED AS A PARTY. TO COMPLETE CERTAIN DISCOVERY

J.C. Penney Corporation, Inc.l ("J.C. Penney Corporation"), provided Eolas
Technologies Incorporated ("Eolas") properly names it in the Complaint, hereby moves

the Court for an extension of time to complete certain discovery. The parties have
conferred regarding the relief requested herein and this motion is unopposed.

The deadlines for J.C. Penney Company, which was incorrectly named in the
Complaint, to conclude document production and serve privilege log are currently set for

Corporation, Inc., is incorrectly named as a defendant in this case, which J.C. Penney Corporation, Inc. has disclosed in its Answer to the Complaint (Docket No. l7 I ) and its Initial Disclosures. To date, Plaintiff has not amended the Complaint substituting J.C. Penney Corporation, Inc. for J.C. Penney Company, Inc. as the correct defendant in this case.
ANopposED MorroN FoR Exrø¡,tstov oF TIME ro

' J.C. Penney Company, Inc. ("J.C. Penney Company"), the parent holding company of J.C. Penney

Couprcrø Cpnr¿nv Dtscovenv

PAGE

I

Dockets.Justia.com

October 29,2010 and November 17, 2010, respectively (Docket Nos. 411 and 464). The

parties have conferred and agreed that the deadlines for completion Company's document production and service

of J.C.

Penney

of a privilege log,

if any, should be

extended to November 19, 2010 and December 3, 2010, respectively. Provided that

Eolas properly names J.C. Penney Corporation

in the Complaint, J.C, Penney

Corporation has been diligently searching and extracting responsive documents. This
extension is necessary because despite its effort, J.C. Penney Corporation had to employ

outside resources to locate and extract electronically stored documents which caused
unforeseen delay. Accordingly, J.C. Penney Corporation, provided that Eolas names it in

the Complaint, respectfully requests that the Court grant this unopposed Motion and
extend the specifîed document production and privilege log deadlines up to and including

November 19,2010 and December 3, 2010, respectively.

Dated: October 29,2010
Respectfully submitted,
/s/ Jeffrev F. Yee

GREENBERG TRAURIG LLP
Jeffrey K. Joyner (admitted pro hac vice) iovnerilÐstlaw.com Jeffrey F. Yee (admittedpro hac vice) veei(ò.Ø"law.com 2450 Colorado Avenue, Suite 400E Santa Monica, California 90404 Telephone: [phone] Facsimile: (3 10) 586-7800

UN,PPOSED MOTION FOR EXTENSION OF TIME TO COMPLETE CÛNTNV DISCOVøNV

PAGE 2

BUETIIERJOE & CARPENTER, LIrC Christopher M. Joe
chris. i oe(Ðbi ciolaw. com

Brian Carpenter
brian.carpenterb@bj siplaw. oom Eric rW. Buether erlc.buethere@bj cip law. com 1700 Pacifis Suite 2390 Dallas, Texas 75201 Telephone : [phone] Facsimile: Ql 4) 635 -1842

ATTORNEYS T1OR DETENDAIYT J.C. PEI{NEY CORPORATION, INC.

T]Nappospo MoTIoN FoR EKTENSIaN OF NME TO CùMPLørE CERTAIN

DISCOVERY

PAGE 3

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 Conrt's CN{/ECF system per Local Rule CV-5(aX3) on October 29,2010. Any other counsel of reaord will be served by first class mail on this same date.

/s/,leffrev F Yee Jeffrey F. Yee

U¡.Iopposso MonoN FoR ExrENsIoN oF TIME TO COMPLETE CERTAIN

DISCOVERY

PACE 4