Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 690

Opposed MOTION to Expedite BRIEFING ON EOLAS' MOTION TO COMPEL DISCOVERY FROM CITIGROUP, INC. REGARDING WEB ANALYTICS by Eolas Technologies Incorporated. (Attachments: # 1 Text of Proposed Order)(McKool, Mike)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated,
Plaintiff,
vs.
Adobe Systems Inc., Amazon.com, Inc.,
Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp.,
Citigroup Inc., eBay Inc., Frito-Lay, Inc.,
The Go Daddy Group, Inc., Google Inc.,
J.C. Penney Company, Inc., JPMorgan
Chase & Co., New Frontier Media, Inc.,
Office Depot, Inc., Perot Systems Corp.,
Playboy Enterprises International, Inc.,
Rent-A-Center, Inc., Staples, Inc., Sun
Microsystems Inc., Texas Instruments Inc.,
Yahoo! Inc., and YouTube, LLC
Defendants.

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JURY TRIAL
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EOLAS’ OPPOSED MOTION FOR EXPEDITED BRIEFING
ON EOLAS’ MOTION TO COMPEL DISCOVERY FROM
CITIGROUP INC. REGARDING WEB ANALYTICS
On June 8, 2011, Plaintiff Eolas Technologies Incorporated (“Eolas”) filed its Motion to
Compel Discovery from Citigroup Inc. Regarding Web Analytics. Eolas requests that the Court
issue an expedited briefing schedule on this motion and address the motion on an expedited
basis.
Because the issues are straight-forward and have been contemplated by the parties for
some time, and because the requested discovery is needed for the expert reports due on June 24,
2011, Eolas requests that the Court set an expedited briefing schedule for Eolas’ Motion to
Compel Discovery from Citigroup Inc., as set forth below:
Defendant’s opposition brief due:

Thursday, June 16, 2011.

Eolas’ reply brief due:

Monday, June 20, 2011.

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WHEREFORE, Eolas therefore requests the Court grant the expedited briefing schedule
as outlined above and in the attached Order.
DATED: June 8, 2011

Respectfully submitted,
McKOOL SMITH P.C.
By:

/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.

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CERTIFICATE OF CONFERENCE
Counsel for Plaintiff conferred with Counsel for Defendant regarding the relief requested
in this motion on June 6, 2011. Counsel for Defendant stated that Defendant opposes the relief
sought in this motion.
/s/ Matthew B. Rappaport
Matthew B. Rappaport

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 June 8, 2011. Local Rule CV-5(a))3)(A).

/s/ Matthew B. Rappaport
Matthew B. Rappaport

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