Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 847

Joint MOTION TO PROCEED WITH JOINTLY SCHEDULED DEPOSITONS 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.

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Civil Action No. 6:09-cv-446

JURY TRIAL

JOINT MOTION TO PROCEED WITH JOINTLY SCHEDULED DEPOSITIONS
Although discovery is scheduled to close on August 12, 2011 (Dkt. 670), the parties have
a number of depositions outstanding and are continuing to supplement their disclosure and
discovery. In order to accommodate the schedules of the parties and third-parties, the parties
jointly move for leave to complete the depositions pursuant to Rule 30 and discovery pursuant to
Rule 45 that the parties have scheduled or may mutually agree to schedule after the close of
discovery. Further, the parties have agreed that there are a number of third parties who have not
been deposed in this case. The parties agree that if a defendant intends to call any of these third
parties as live witnesses at trial that the defendant will make the third party available and will not
oppose plaintiff deposing the third party outside the discovery period in advance of trial.

1

Dated: August 15, 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. Curran
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 68400v1

CERTIFICATE OF CONFERENCE
The parties have discussed this motion, and it is made jointly.

/s/ Josh Budwin
Josh 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 service. Local Rule CV-5(a)(3)(A) on August 15, 2011.

/s/ Josh Budwin
Josh Budwin

Austin 68400v1