Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 968

MOTION to Compel LOG-IN INFORMATION FOR STAPLESLINK.COM AND EWAY.COM FROM STAPLES INC. by Eolas Technologies Incorporated. (Attachments: # 1 Attachment A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Text of Proposed Order)(McKool, Mike)

EXHIBIT 23

Gretchen Curran

Subject:

Tom Fasone III
Saturday, July 23, 2011 6:30 AM
Matuschak, Mark; [e-mail]
Hutchins, Kate; Eolas; Ewenstein, Richard I; Williams, Daniel V.; Steinberg, Don;
[e-mail]; John B. Campbell; Gretchen Curran; Josh Budwin; Matt
Rappaport; Bob Kramer; Don Gaiser; Holly E. Engelmann; Ivan Wang; Vicki Merideth;
Stefano Milito
Eolas/Staples: Request for LR7 on Metrics/Web Analytics Discovery

Importance:

High

From:
Sent:
To:
Cc:

Mark and Michael
On June 30, 2011, Judge Davis ordered that Staples provide access to its web analytics/metrics databases. Yet,
despite the Court's order requiring that Staples provide such crucial discovery, Eolas has yet to receive a
proposed date for the inspection of same. This coming Friday will be mark the passage of one (1) month since
Kate Hutchins of your firm stood up in open Court and advised Judge Davis that Staples would comply with his
ruling. Eolas is disappointed and quite surprised at Staples failure to comply with the Court's Order. Eolas has
been more than patient with your client in seeking this crucial and time sensitive discovery and assumed that
Staples would act in an expeditous manner to provide it given Judge Davis' ruling. Given the rapidly
approaching fact discovery deadline (August 12) in this case, the fact that the parties are in the process of
exchanging expert submissions, and that Jury Selection is scheduled to occur on October 3, 2011 in this matter,
Eolas can wait no longer to obtain this discovery.
Please provide your availabilty for a LR Conference on Monday afternoon, Tuesday, or Wednesday of this
week. Eolas plans to file a motion to enforce the Court's June 30, 2011 Order, seek attorneys' fees and costs
associated with doing so, and seek any other relief that may be appropriate under the circumstances. Please be
advised that should we not hear from you, Eolas plans to file its motion and state in the certificate of conference
that it has made a good faith effort to cooperate in obtaining this discovery but was unable to do so because of
Staples' unwillingness to respond to numerous written requests for same and to make itself available for a LR7
conference.
Regards,
Tom

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