Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 793

Unopposed MOTION to Redact 762 Transcript,,, J.C. Penney Corporation, Inc.'s Unopposed Motion to Redact Transcript by J.C. Penney Company, Inc.. (Attachments: # 1 Text of Proposed Order)(Joe, Christopher)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EOLAS TECHNOLOGIES
INCORPORATED,
Plaintiff,
vs.
ADOBE SYSTEMS INCORPORATED, et al.
Defendants.

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Civil Action No. 6:09-cv-00446-LED
Jury Trial Demanded

J.C. PENNEY CORPORATION, INC.’S
UNOPPOSED MOTION TO REDACT TRANSCRIPT
Defendant J.C. Penney Corporation, Inc. (“JCP”) hereby moves this Court for an order
redacting of the transcript of the motion hearing dated June 29, 2011, reported by Ms. Shea
Sloan, the court reporter. See Dkt No. 762.
On June 29, 2011, the parties appeared before the Honorable Judge Davis regarding, inter
alia, a motion to compel discovery. JCP requests redaction of certain portions of the transcript
of that hearing, because they contain confidential internal business information of JCP which
were designated of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as defined in the
Court’s Protective Order of September 28, 2010, and which were filed with the Court under seal
with briefing related to the motion to compel.
The portions highlighted for redaction refer to, the terms of its agreement with outside
web analytics vendor Coremetrics, the types of information maintained by Coremetrics for JCP,
and JCP’s internal use of that web analytics data.

The information falls under product

development information, financial data, sales information, and other non-public information of

J.C. PENNEY CORPORATION, INC.’S UNOPPOSED MOTION TO REDACT TRANSCRIPT

Page 1

competitive and business sensitivity as defined by the Protective Order. All written motions
leading to this hearing were filed under seal.
In particular, JCP request that the following line/page designations of the transcript on
file be redacted:
Starting Page/Line

Ending Page/Line

16/3

16/8

17/5

17/20

23/2

24/22

25/18

25/21

26/8

26/19

27/19

27/20

30/4

30/21

31/1

31/10

31/17

32/6

WHEREFORE, JCP requests this Court to grant the Motion to Redact.

J.C. PENNEY CORPORATION, INC.’S UNOPPOSED MOTION TO REDACT TRANSCRIPT

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Dated: July 26, 2011

BUETHER JOE & CARPENTER, LLC
By: /s/ Christopher M. Joe
Christopher M. Joe
State Bar No. 00787770
[e-mail]
Eric W. Buether
State Bar No. 03316880
[e-mail]
Niky Bukovcan
WA State Bar No. 39403
[e-mail]
1700 Pacific, Suite 2390
Dallas, Texas 75201
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR DEFENDANT
J.C. PENNEY CORPORATION, INC.

J.C. PENNEY CORPORATION, INC.’S UNOPPOSED MOTION TO REDACT TRANSCRIPT

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who are deemed to have
consented to electronic service are being served with a copy of this document via the Court’s
CM/ECF system per Local Rule CV-5(a) on this 26th day of July 2011. Any other counsel of
record will be served by facsimile transmission and first class mail.
/s/ Christopher M. Joe
Christopher M. Joe

CERTIFICATE OF CONFERENCE
I conferred with John Campbell on July 26, 2011, and he indicated that Eolas was not
opposed to this Motion to Redact the Motion Hearing Transcript dated June 29, 2011.
/s/ Christopher M. Joe
Christopher M. Joe

J.C. PENNEY CORPORATION, INC.’S UNOPPOSED MOTION TO REDACT TRANSCRIPT

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