Eolas Technologies Incorporated v. Adobe Systems Incorporated et al
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)
Hardt, Jonathan [Jonathan.Hardt@wilmerhale.com]
Wednesday, July 27, 2011 1:55 PM
Tom Fasone III; Matuschak, Mark; MRichardson@brsfirm.com
Hutchins, Kate; Eolas; Ewenstein, Richard I; Williams, Daniel V.; Steinberg, Don; John B.
Campbell; Gretchen Curran; Josh Budwin; Matt Rappaport; Bob Kramer; Don Gaiser; Holly E.
Engelmann; Ivan Wang; Vicki Merideth; Stefano Milito
RE: Eolas/Staples: Request for LR7 on Metrics/Web Analytics Discovery
Staples is now able to offer web analytics access on a secure computer in Wilmer's Boston office. The review
can commence tomorrow morning at 9:00 am, or any day thereafter. Please let us know Eolas' preference.
-----Original Message----From: Tom Fasone III [mailto:tfasone@McKoolSmith.com]
Sent: Saturday, July 23, 2011 7:30 AM
To: Matuschak, Mark; MRichardson@brsfirm.com
Cc: Hutchins, Kate; Eolas; Ewenstein, Richard I; Williams, Daniel V.; Steinberg, Don; Hardt, Jonathan; John B.
Campbell; Gretchen Curran; Josh Budwin; Matt Rappaport; Bob Kramer; Don Gaiser; Holly E. Engelmann;
Ivan Wang; Vicki Merideth; Stefano Milito
Subject: Eolas/Staples: Request for LR7 on Metrics/Web Analytics Discovery
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.
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