Datatreasury Corporation v. Wells Fargo & Company et al

Filing 275

Joint MOTION for Extension of Time to File Response/Reply of Defendants EDS, HARRIS, KEY, PNC AND SUNTRUST TO SEVER AND STAY THE CLAIMS RELATING TO THE BALLARD PATENTS PENDING REEXAMINATION OF THE BALLARD PATENTS by Datatreasury Corporation. (Attachments: #1 Text of Proposed Order Proposed Order)(King, Richard)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 275

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

Document 275

Filed 10/04/2006

Page 1 of 4

IN THE 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 Judge David Folsom

UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO MOTION OF DEFENDANTS EDS, HARRIS, KEY, PNC, AND SUNTRUST TO SEVER AND STAY THE CLAIMS RELATING TO THE BALLARD PATENTS PENDING REEXAMINATION OF THE BALLARD PATENTS

Plaintiff, DataTreasury Corporation ("DataTreasury"), respectfully requests that the Court grant it an extension of time to respond to Motion of Defendants EDS, Harris, Key, PNC, and Suntrust ("Defendants") to Sever and Stay the Claims Relating to the Ballard Patents Pending Reexamination of the Ballard Patents. Defendants were the first group of defendants to file such a motion when the instant motion was filed on September 19, 2006. DataTreasury's deadline to respond was October 4, 2006. Since that time, various other defendants in this action have filed motions joining Defendants' motion, and DataTreasury's deadline to respond varies from October 11 to dates that occur after the October 19 scheduling conference in this matter. DataTreasury intends to file a consolidated response to all motions to sever and stay relating to Defendants' motion, and Plaintiff has requested an additional week to respond to Defendants' Motion. Defendants have informed Plaintiff that they do not oppose this relief. By filing its Response by Wednesday, October 11, Defendants to the instant motion and other

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

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defendants who have joined in such motion as of this date will have an opportunity to submit Reply briefs before the scheduling conference in this matter. DataTreasury, respectfully requests that the Court grant its Unopposed Motion, and allow DataTreasury up to and including Wednesday, October 11, 2006 in which to file its Response to the above referenced motion. Respectfully submitted,

/s/ R. Benjamin King___________________ EDWARD L. VON HOHN, Attorney in Charge State Bar No. 09813240 NIX PATTERSON & ROACH, L.L.P. 205 Linda Drive Daingerfield, Texas 75638 903.645.7333 (telephone) 903.645.4415 (facsimile) [e-mail] C. CARY PATTERSON State Bar No. 15587000 BRADY PADDOCK State Bar No. 00791394 ANTHONY BRUSTER State Bar No. 24036280 R. BENJAMIN KING State Bar No. 24048592 NIX PATTERSON & ROACH L.L.P. 2900 St. Michael Drive, Suite 500 Texarkana, Texas 75503 903.223.3999 (telephone) 903.223.8520 (facsimile) [e-mail] [e-mail] [e-mail] JOE KENDALL State Bar No. 11260700 KARL RUPP State Bar No. 24035243
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Case 2:06-cv-00072-DF-CMC

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PROVOST * UMPHREY, L.L.P. 3232 McKinney Avenue, Ste. 700 Dallas, Texas 75204 214.744.3000 (telephone) 214.744.3015 (facsimile) [e-mail] [e-mail] ROD COOPER State Bar No. 90001628 EDWARD CHIN STATE BAR NO. 50511688 NIX PATTERSON & ROACH LLP 5215 N. O'Connor Blvd. Ste. 1900 Irving, Texas 75039 972.831.1188 (telephone) 972.692.5445 (facsimile) [e-mail] [e-mail] ERIC M. ALBRITTON State Bar ;No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 903.757.8449 (telephone) 903.758.7397 (facsimile) [e-mail] T. JOHN WARD, JR. State Bar No. 00794818 LAW OFFICE OF T. JOHN WARD, JR. P.O. Box 1231 Longview, Texas 75601 903.757.6400 (telephone) 903.757.2323 (facsimile) [e-mail] ATTORNEYS FOR PLAINTIFF DATATREASURY CORPORATION

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served on counsel of record for Defendants on the 4th day of October, 2006. /s/ R. Benjamin King___________________ Nix, Patterson & Roach LLP CERTIFICATE OF CONFERENCE Pursuant to Local Rule 7(h), movant has contacted opposing counsel to discuss this motion and was informed that opposing counsel agrees to the relief requested herein. /s/ R. Benjamin King___________________ Nix, Patterson & Roach LLP

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