Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 516

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. 516

IN TI{E T]NITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
EOLAS TECHNOLOGIES INCORPORATED,

)
)

Civil ActionNo. 6:09-cv-446
Hon. Leonard E. Davis JURY TRIAL

Plaintiff,
V.

)
)

)
) ) )

ADOBE SYSTEMS INC. ET

AL.

Defendants l
UNOPPOSED MOTION FOR EXTENSION OF'TIME FOR STAPLES,INC. TO COMPLETE CERTAIN DISCOYERY
Defendant Staples, Inc. ("Staples") respectfully moves the Court to extend Staples' deadline for rolling document production from December 7 ,2010 (Dkt. No.
201 0 and the deadline to produce a
5 13)

to January
5I

7,

privilege log from December 7 , 2010 (Dkt. No.

3) to

January 14,2010. Before the December 7,2010 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' deadline for the completion of document production

should be extended to January 7,2010 and its deadline for the production of a privilege log should

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be extended to January 14,2010. As such, this motion is unopposed.

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

this litigation. Accordingly, Staples respectfully requests that the Court grant this unopposed Motion and
extend the specified document production and privilege log deadlines to January 7,2010 and

January I 4, 20 I 0, respectively.

Date: December7,2010

Respectfully submitted,

/s/ Michael E. Richardson Michael E. Richardson, TX Bar No. 24002838 BECK REDDEN & SECREST 1221 McKinney, Suite 4500 Houston, TX 77010 Telephone: [phone] Facsimile: (7 13) 951 -3720 mri chards o n@b rs firm. co m

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] mark. matuschak@wilmerhale. com donald. steinberg@wilmerhale. com Kate Hutchins, admittedpro hac vice V/ILMER CUTLER PICKERING HALE AND DORR LLP 399 Park Avenue New York, NY 10011 Telephone: [phone] Facsimile: [phone] kate.hutchins@wilmerhale. com

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

ATTORNEYS FOR DEFENDANT STAPLES,INC.

CERTIFICATE OF CONFERENCE
I, Meaghan Davant, counsel for Staples, Inc. certi$ that I conferred with Matt Rappaport, counsel for Eolas, on this 7th day of December 2010, by telephone at approximately 5:00 p.m. (EDT). Mr. Rappaport confirmed that Eolas does not oppose this motion.

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CERTIF'ICATE 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(aX3) on this the 7th day December 2010. /s/ Michael E. Richardson Michael E. Richardson

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