Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 509

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. 509

IN TIIE T]}[ITED STATES DISTRICT COT]RT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
EOLAS TECHNOLOGIES INCORPORATED,

) Plaintiff, )
) ) )

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

)
) )

ruRY TRIAL

v.

ADOBE SYSTEMS INC. ET

AL.

Defendants ì
UNOPPOSED MOTION FOR EXTENSION OF' TIME FOR STAPLES,INC. TO COMPLETE CERTAIN DISCOVERY
Defendant Staples, Inc. ("Staples") respectfully moves the Court to extend Staples'
deadlines for rolling document production and to produce a privilege log from November 30,

2010 (Dkt. No. 481) to December7,2010. Before the November 30, 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 confened and agreed that Staples' deadlines for both the completion of document production and the production of a privilege log should be extended to Decemb er 7 ,2010 . As such, this

motion is unopposed.

Dockets.Justia.com

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 log deadlines to December 7,2010.

Date: November 30,2010

Respectfully submitted,

/s/ Michael E. Richardson Michael E. Richardson, TX Bar No. 24002838 BECK REDDEN & SECREST l22l McKinney, Suite 4500 Houston, TX77010 Telephone: (71 3) 95t-6284 Facsimile: (7 13) 951-3720 mrichardson@brsfirm. co m

Mark G. Matuschak, admittedpro 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] 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 : (212) 230 -8800 Telephone Facsimile: (2 12) 230-8888 kate.hutchins@wilmerhale. com

Daniel V. Williams, admitted pro hac vice WILMER CUTLER PICKERING TIALE AND DORR LLP 1875 Pennsylvania Avenue NV/ Washington, DC 20006 Telephone : [phone] Facsimile: (202) 663 -63 63 daniel. williams@wilmerhale. com

ATTORNEYS FOR DEF'ENDANT STAPLES,INC.

CERTIFICATE OF CONF'ERENCE
I, Meaghan Davant, counsel for Staples, Inc. certiff that I confened with Matt Rappaport,
co.ttrsei for Eolas, on this 30th day of November 2010, by telephone at approximately 12:00 p.m. (EDT). Mr. Rappaport confirmed that Eolas does not oppose this motion.
lsl Meqghan Davant Meaghan Davant

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 LINOPPOSED MOTION

OF STAPLES INC. FOR EXTENSION OF'TIME TO COMPLETE CERTAIN DISCOVERY via the Court's CM/ECF system per Local Rule CV-5(aX3) on this the 30th day of November 2010. /s/ Michael E. Richardson Michael E. Richardson