Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 715

Unopposed MOTION to Expedite EOLAS' MOTION TO COMPEL PRODUCTION OF SOURCE CODE FROM EBAY INC. AND AMAZON.COM, INC. 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’ UNOPPOSED MOTION FOR EXPEDITED BRIEFING
ON EOLAS’ MOTION TO COMPEL PRODUCTION OF SOURCE CODE
FROM EBAY INC. AND AMAZON.COM, INC.
On June 20, 2011, Plaintiff Eolas Technologies Incorporated (“Eolas”) filed its Motion to
Compel Discovery from eBay and Amazon regarding the production of source code for their
accused websites. As mentioned in the motion, eBay and Amazon are represented by common
counsel.
Given the importance of the production of source code to the upcoming expert report
deadline, and because the Court is already scheduled to hear oral argument on Eolas’ Motion to
Motion to Compel Designation of 30(b)(6) Witnesses from Amazon (Dkt. 667) on June 29, 2011
(see Order at dkt. 694), Eolas requests that the Court issue an expedited briefing schedule on this
motion and address the motion on an expedited basis so that the matter may be heard at the June

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29, 2011 hearing.1
Eolas requests that the Court set an expedited briefing schedule.
Defendant’s opposition brief due:

Friday, June 24, 2011.

Eolas’ reply brief due:

Monday, June 27, 2011.

WHEREFORE, Eolas therefore requests the Court grant the expedited briefing schedule
as outlined above and in the attached Order.
DATED: June 20, 2011

Respectfully submitted,
McKOOL SMITH P.C.
By:

1

/s/ Mike McKool

Counsel for eBay and Amazon indicated that they are not opposed to expedited briefing and
agree to having this issue addressed at the hearing on June 29, 2011.

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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 CONFERENCE
Counsel for Plaintiff conferred with Counsel for Defendants regarding the relief
requested in this motion on June 17, 2011. Counsel for Defendant stated that Defendant does not
oppose an expedited briefing schedule and does not oppose having this motion addressed at the
June 29 hearing.
/s/ Josh W. Budwin____

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Josh W. Budwin

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 20, 2011. Local Rule CV-5(a))3)(A).

/s/ Josh W. Budwin____
Josh W. Budwin

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