JOINT STIPULATION AND [PROPOSED] ORDER REGARDING SUPPLEMENTAL BRIEFING ON EOLAS'S MOTION TO DISQUALIFY LATHAM & WATKINS LLP

JON S. TIGAR, District Judge.

Pursuant to the Court's guidance at the Case Management Conference held August 2, 2017, counsel for Plaintiff Eolas Technologies Incorporated ("Eolas") and Defendant Amazon.com, Inc. ("Amazon"), met and conferred by telephone on August 4, 2017, regarding Eolas's pending motion to disqualify Latham & Watkins LLP from representing Amazon. The parties were unable to reach an agreement about what body of law should govern that motion in light of the transfer of the case to this district. Eolas's position is that California law should apply; Amazon's position is that Texas law, as already briefed, should apply. But although the parties did not reach agreement on the applicable law, they agreed on and hereby stipulate to the following course of action concerning further briefing:

1. In accordance with the Court's guidance, the parties will file simultaneous supplemental briefs of not more than 10 pages (excluding attachments, which would be limited to items from the prior record or unpublished legal authorities) by 5 p.m. on Friday, August 11, 2017.

2. Those briefs will address three topics:

3. The parties will file simultaneous response briefs of not more than 7 pages (excluding attachments, limited as noted above) by 5 p.m. on Friday, August 18, 2017. The parties will not file replies.

4. The parties agree, except as set forth in their supplemental briefs, that Texas and California law are substantially similar with respect to Eolas's motion to disqualify, and given that the parties have already fully developed the factual record in the existing briefing, fully re-briefing the disqualification motion is unnecessary and would waste the Court's and the parties' time and resources.

ATTESTATION

I, Rick Frenkel, am the ECF user whose userid and password authorized the filing of this document. Under Civil L.R. 5-1(i)(3), I attest that all signatories to this document have concurred in this filing.

[PROPOSED] ORDER

Plaintiff Eolas Technologies Incorporated ("Eolas") and Defendant Amazon.com, Inc. ("Amazon"), stipulated to the following briefing schedule:

The parties' joint stipulation is GRANTED. The parties shall submit briefs pursuant to the above schedule.

PURSUANT TO STIPULATION, IT IS SO ORDERED.