Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 750

Unopposed MOTION TO PROCEED WITH CERTAIN DEPOSITIONS WITH RESPECT TO DEFENDANT YAHOO! 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., 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.

§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§
§

Civil Action No. 6:09-cv-446

JURY TRIAL

EOLAS’ UNOPPOSED MOTION TO PROCEED WITH CERTAIN
DEPOSITIONS WITH RESPECT TO DEFENDANT YAHOO! INC.
The discovery order limits Eolas to “[n]o more than one-hundred (100) total deposition
hours . . . of a single Defendant.” Dkt. 247 at 4(B). At present, Eolas does not anticipate
exceeding this one-hundred hour per defendant deposition limitation. However, the discovery
order also collectively limits Eolas to “350 hours” of “non-expert deposition hours taken by
Plaintiff, including Rule 30(b)(6) depositions, third-party depositions, and other individual
depositions.”

Id.

With fourteen defendants remaining1, Eolas is close to exceeding the

1

The fourteen remaining defendants are: Adobe, Amazon, Apple, CDW, Citigroup, eBay, GoDaddy, Google, FritoLay, JCPenney, Office Depot, Staples, Yahoo and YouTube. The eight defendants who have settled are: Argosy,
JPMorgan, New Frontier Media, Perot Systems, Playboy, Rent-a-center, Oracle America (f/k/a Sun Microsystems),
and Texas Instruments. Blockbuster is in bankruptcy, and the case has been severed and stayed with respect to
them.

1

collective 350 hour deposition limitation.

Eolas is presently negotiating with all of the

defendants in an effort to obtain additional deposition time by agreement of the parties and
without the involvement of the Court.
In the interim, for the limited purpose of allowing two depositions of Yahoo!, Inc.
employees to proceed as scheduled this week, Eolas moves the Court for leave to take the
depositions of Chris Motes and Paul Fischer on Thursday, July 7, 2011, notwithstanding the
collective 350 hour deposition limitation. This is not a request to expand any other discovery
limit. Eolas has discussed this limited request with counsel for Yahoo!, Inc., and given the
timing of this request relative to the depositions, Yahoo! does not oppose the relief requested
herein.

2
Austin 60566

Dated: July 6, 2011.

MCKOOL SMITH, P.C.
/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.

Austin 68344v1

CERTIFICATE OF CONFERENCE
Counsel for Eolas has conferred with counsel for Yahoo!, Inc. regarding the relief
requested in this Motion. Counsel for Yahoo!, Inc. indicates that they do not oppose the relief
requested herein.

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 service. Local Rule CV-5(a)(3)(A) on July 6, 2011.

/s/ Josh Budwin
Josh Budwin

Austin 68344v1