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)

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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 mmckool@mckoolsmith.com Douglas Cawley Texas State Bar No. 04035500 dcawley@mckoolsmith.com MCKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-4000 Telecopier: (214) 978-4044 Kevin L. Burgess Texas State Bar No. 24006927 kburgess@mckoolsmith.com John B. Campbell Texas State Bar No. 24036314 jcampbell@mckoolsmith.com Josh W. Budwin Texas State Bar No. 24050347 jbudwin@mckoolsmith.com Gretchen K. Harting Texas State Bar No. 24055979 gharting@mckoolsmith.com Matthew B. Rappaport Texas State Bar No. 24070472 mrappaport@mckoolsmith.com MCKOOL SMITH, P.C. 300 West Sixth Street, Suite 1700 Austin, Texas 78701 Telephone: (512) 692-8700 Telecopier: (512) 692-8744 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

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