Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 786

Agreed MOTION to Amend/Correct 768 Order on Motion to Amend/Correct 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.

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

Civil Action No. 6:09-CV-00446-LED

JURY TRIAL

EOLAS’S AGREED MOTION FOR EXTENSION OF TIME
TO SERVE EOLAS’S EXPERT REPORT ON DAMAGES WITH
RESPECT TO DEFENDANTS GOOGLE INC. AND YOUTUBE LLC
Plaintiff Eolas Technologies Incorporated (“Eolas”) files this Agreed Motion for
Extension of Time for Eolas to Serve Eolas’s Expert Report on Damages With Respect to
Defendants Google Inc. (“Google”) and YouTube LLC (“YouTube”) and would show the Court
the following:
I.
Eolas’s expert reports concerning Defendants’ damages are currently due on July 25,
2011. (Dkt. No. 768). Defendant Google’s rebuttal report on damages is currently due on
August 22, 2011 (Id.).
II.

Eolas, Google, and YouTube (hereinafter “the parties”) have further discussed modifying
the deadlines for expert reports. Therefore, Eolas respectfully requests an extension of time to
serve the report of its damages expert concerning Google and YouTube’s damages until July 29,
2011.
The parties further agree that Eolas may supplement the report of its damages expert
concerning Google and YouTube to the extent that relevant damages information is disclosed in
documents produced after July 21, 2011 or Rule 30(b)(6) depositions of Google taken after July
21, 2011.
Further, the parties agree that Google and YouTube’s deadline for serving the rebuttal
report of its damages expert shall be extended until August 26, 2011, and that Google and
YouTube’s deadline for filing any Daubert motions related to Eolas’s damages expert report
concerning Google and YouTube shall be extended until August 19, 2011.
Further, the parties agree that the deadline for Google and YouTube to identify trial
witnesses shall be extended until August 12, 2011 and that the deadline for Eolas to identify
rebuttal trial witnesses with respect to trial witnesses identified by Google and YouTube shall be
extended until August 22, 2011.
III.
This motion is not for delay but so that justice may be done.
Wherefore, Eolas respectfully requests that the Court grant the present Motion, extend
Eolas’s deadline for serving the expert report of its damages expert until July 29, 2011, allow
supplementation of the report of Eolas’s damages expert if relevant damages information is
disclosed in documents produced after July 21, 2011 or Rule 30(b)(6) depositions of Google
taken after July 21, 2011, extend the deadline for the service of the report of Google and
YouTube’s rebuttal damages expert until August 26, 2011, extend the deadline for Google and
2
Austin 68609v1

YouTube to file any Daubert motions related to Eolas’s damages expert report concerning
Google and YouTube until August 19, 2011, extend the deadline for Google and YouTube to
identify trial witnesses until August 12, 2011, and extend the deadline for Eolas to identify
rebuttal trial witnesses with respect to trial witnesses identified by Google and YouTube until
August 22, 2011.

3
Austin 68609v1

DATED: July 25, 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]
Rosemary T. Snider
Texas State Bar No. 18796500
[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.

4
Austin 68609v1

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 July 25, 2011. Local Rule CV-5(a))3)(A).

/s/ Christopher J. Mierzejewski
Christopher J. Mierzejewski

5
Austin 68609v1