Datatreasury Corporation v. Wells Fargo & Company et al

Filing 239

MOTION for Leave to File Excess Pages Defendant First Citizens BancShares, Inc.'s Unopposed Motion for Permission to Exceed Page Limit of Reply Brief in Support of Motion to Dismiss by First Citizens Bancshares, Inc.. (Attachments: #1 Text of Proposed Order Granting Defendant First Citizens BancShares, Inc.'s Unopposed Motion for Permission to Exceed Page Limit of Reply Brief in Support of Motion to Dismiss)(Carlson, Larry)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 239

Case 2:06-cv-00072-DF-CMC

Document 239

Filed 06/30/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff, v. WELLS FARGO & COMPANY, et al. Defendants. § § § § § § § § §

CIVIL ACTION NO. 2:06-CV-72-DF JURY TRIAL DEMANDED

DEFENDANT FIRST CITIZENS BANCSHARES, INC.'S UNOPPOSED MOTION FOR PERMISSION TO EXCEED PAGE LIMIT OF REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS Defendant First Citizens BancShares, Inc. ("First Citizens BancShares") moves for permission to exceed the page limit for First Citizens BancShares's Reply in Support of its Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, for Failure to State a Claim or for a More Definite Statement. Local Rule CV-7(a)(1) sets forth a ten page limit for a reply brief to an opposed dispositive motion, including attachments. First Citizens BancShares's reply brief and single attachment total 18 pages. As reflected in the certificate of conference, this motion for permission to exceed the page limit is unopposed. Respectfully submitted, /s/ Larry D. Carlson Larry D. Carlson, Attorney-in-Charge Texas State Bar No. 03814500 E-Mail: [e-mail] David O. Taylor Texas State Bar No. 24042010 E-Mail: [e-mail] BAKER BOTTS L.L.P. 2001 Ross Avenue Dallas, Texas 75201

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Case 2:06-cv-00072-DF-CMC

Document 239

Filed 06/30/2006

Page 2 of 2

Telephone: [phone] Facsimile: [phone] Donalt J. Eglinton E-Mail: [e-mail] WARD AND SMITH, P.A. Post Office Box 867 New Bern, North Carolina 28563 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR DEFENDANT FIRST CITIZENS BANCSHARES, INC.

CERTIFICATE OF CONFERENCE I certify that I communicated with opposing counsel concerning this motion on the 30th day of June, 2006, in a good faith attempt to resolve this matter without Court intervention. This Motion is unopposed. /s/ Larry D. Carlson Larry D. Carlson

CERTIFICATE OF SERVICE I certify that on the 30th day of June, 2006, all counsel who are deemed to have consented to electronic service are being served with a copy of this document by the Court's Electronic Filing System, pursuant to Local Rule CV-5(a)(3)(A). /s/ Larry D. Carlson Larry D. Carlson

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