Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 627

Joint MOTION to Withdraw 601 MOTION to Compel PRODUCTION OF SOURCE CODE FROM GO DADDY by The Go Daddy Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Mukherji, Proshanto)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EOLAS TECHNOLOGIES, INC.,
Plaintiff,
Civil Action No. 6:09-cv-446-LED
v.
JURY TRIAL DEMANDED
ADOBE SYSTEMS, INC., et. al.,
Defendants.
JOINT MOTION TO WITHDRAW EOLAS’ MOTION TO COMPEL PRODUCTION
OF SOURCE CODE FROM GO DADDY
Defendant The Go Daddy Group Inc. (“Go Daddy”) and Plaintiff Eolas Technologies,
Inc. (“Eolas”) respectfully file this joint motion to withdraw Eolas’ Motion to Compel Production of Source Code from Go Daddy (Dkt. 601) (“Eolas’ motion to compel”).
Go Daddy has represented to Eolas that it has collected and made available for inspection
all versions in its possession of the pre-2007 source code of its three accused websites, as well as
a number of snapshots of post-2007 source code for those websites. Eolas has not yet had the opportunity to verify Go Daddy’s representation. Go Daddy is further willing to stipulate that the
post-2007 snapshots provided are representative of the code for the corresponding periods. Accordingly, and based upon Go Daddy’s representation, the parties have agreed that Eolas shall
withdraw its motion to compel.
Accordingly, Go Daddy and Eolas respectfully request that the Court grant this Joint Motion to Withdraw Eolas’ Motion to Compel Production of Source Code from Go Daddy.

Dated: April 8, 2011

Respectfully submitted,
/s/ Proshanto Mukherji
Thomas M. Melsheimer (Bar No.
13922550)
<[e-mail]>
Neil J. McNabnay (Bar No. 24002583)
<[e-mail]>
Carl E. Bruce (Bar No. 24036278)
<[e-mail]>
FISH & RICHARDSON P.C.
1717 Main Street, Suite 5000
Dallas, TX 75201
Telephone: [phone]
Proshanto Mukherji (pro hac vice)
<[e-mail]>
FISH & RICHARDSON P.C.
One Marina Park Drive
Boston, MA 02110-1878
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and Counterclaimant
The Go Daddy Group, Inc.

/s/ Mike McKool
Mike McKool
Lead Attorney
Texas State Bar No. 13732100
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
John B. Campbell
Texas State Bar No. 24036314
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Gretchen K. Harting
Texas State Bar No. 24055979
[e-mail]
Matthew B. Rappaport
Texas State Bar No. 24070472
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]
Attorneys for Plaintiff Eolas Technologies, Inc.

.

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have consented to electronic services on this the 8th day of April, 2011. Local Rule CV- 5(a)(3)(A).
/s/ Proshanto Mukherji
Proshanto Mukherji