Datatreasury Corporation v. Wells Fargo & Company et al

Filing 315

Consent MOTION for Leave to File Excess Pages UNOPPOSED MOTION TO EXCEED PAGE LIMITS IN REPLY OF DEFENDANTS EDS, HARRIS, KEY, PNC, AND SUNTRUST TO PLAINTIFF'S CONSOLIDATED RESPONSE TO DEFENDANTS' MOTION TO SEVER AND STAY THE CLAIMS RELATING TO THE BALLARD PATENTS PENDING REEXAMINATION OF THE BALLARD PATENTS by Electronic Data Systems Corp., Suntrust Banks, Inc., Suntrust Bank, Harris Bankcorp, Inc., Harris, N.A., Keybank National Association, The PNC Financial Services Group, Inc., PNC Bank, National Association. (Attachments: #1 Exhibit 1#2 Text of Proposed Order)(Baxter, Samuel)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 315

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

Document 315

Filed 10/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION PLAINTIFF vs. WELLS FARGO & COMPANY, ET AL. DEFENDANTS _______________________________________ § § § § § § § Civil Action No. 2:06-CV-72 Judge David Folsom

UNOPPOSED MOTION TO EXCEED PAGE LIMITS IN REPLY OF DEFENDANTS EDS, HARRIS, KEY, PNC, AND SUNTRUST TO PLAINTIFF'S CONSOLIDATED RESPONSE TO DEFENDANTS' MOTION TO SEVER AND STAY THE CLAIMS RELATING TO THE BALLARD PATENTS PENDING REEXAMINATION OF THE BALLARD PATENTS Defendants Harris Bankcorp, Inc. and Harris N.A. (collectively, "Harris"), KeyBank National Association and KeyCorp (collectively, "KeyBank"), PNC Bank and The PNC Financial Services Group, Inc. (collectively, "PNC"), SunTrust Bank and SunTrust Banks, Inc. (collectively, "SunTrust"), and Electronic Data Systems Corp. ("EDS"), respectfully request that the Court grant their Unopposed Motion to Exceed Page Limits in Reply to Plaintiff's Consolidated Response to Defendants' Motion to Sever and Stay the Claims Relating to the Ballard Patents Pending Reexamination of the Ballard Patents. Defendants Harris, KeyBank, PNC, SunTrust, and EDS filed their Motion to Sever and Stay on September 19, 2006. Since that time, various other Defendants filed motions joining Defendants' Motion. On October 11, 2006, Plaintiff Data Treasury Corporation filed its

Consolidated Response to Defendants' Motions. Due to the complex issues presented and the nature of the case, Defendants cannot present their reply motion and adequately brief the issues within the page limit mandated by the local rules. The reply motion is attached as Exhibit 1.

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Defendants Harris, KeyBank, PNC, SunTrust, and EDS respectfully request that the Court grant the Unopposed Motion to exceed the page limits in their reply. A proposed order is attached.

DATED: October 17, 2006

Respectfully submitted,

McKOOL SMITH, P.C. /s/ Sam Baxter SAM BAXTER Lead Attorney Texas State Bar No. 01938000 [e-mail] 505 East Travis Street, Suite 105 Marshall, Texas 75670 Telephone: [phone] Telecopy: [phone] THEODORE STEVENSON, III Texas State Bar No. 19196650 [e-mail] L. DAVID ANDERSON Texas State Bar No. 00796126 [e-mail] 300 Crescent Court Suite 1500 Telephone: [phone] Telecopier: [phone] PETER J. AYERS Texas State Bar No. 24009882 [e-mail] GEOFFREY L. SMITH Texas State Bar No. 24041939 [e-mail] 300 W. 6th Street, Suite 1700 Austin, Texas 78701 Telephone: [phone] Telecopy: [phone] ATTORNEYS FOR DEFENDANTS
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SUNTRUST BANKS, INC., SUNTRUST BANK, THE PNC FINANCIAL SERVICES GROUP, INC., PNC BANK, KEYCORP, AND KEYBANK NA

McKOOL SMITH, P.C. /s/ Theodore Stevenson, III THEODORE STEVENSON, III Lead Attorney Texas State Bar No. 19196650 [e-mail] GARRET W. CHAMBERS Texas State Bar No. 00792160 [e-mail] L. DAVID ANDERSON Texas State Bar No. 00796126 [e-mail] 300 Crescent Court Suite 1500 Telephone: [phone] Telecopier: [phone] PETER J. AYERS Texas State Bar No. 24009882 [e-mail] GEOFFREY L. SMITH Texas State Bar No. 24041939 [e-mail] 300 W. 6th Street, Suite 1700 Austin, Texas 78701 Telephone: [phone] Telecopy: [phone] ATTORNEYS FOR DEFENDANT ELECTRONIC DATA SYSTEMS CORP.

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McKOOL SMITH, P.C. /s/ Robert M. Manley ROBERT M. MANLEY Lead Attorney Texas State Bar No. 00787955 [e-mail] SAM BAXTER Texas State Bar No. 01938000 [e-mail] L. DAVID ANDERSON Texas State Bar No. 00796126 [e-mail] 300 Crescent Court Suite 1500 Telephone: [phone] Telecopier: [phone] PETER J. AYERS Texas State Bar No. 24009882 [e-mail] GEOFFREY L. SMITH Texas State Bar No. 24041939 [e-mail] 300 W. 6th Street, Suite 1700 Austin, Texas 78701 Telephone: [phone] Telecopy: [phone] ROBERT MASTERS Paul, Hastings, Janofsky & Walker, LLP 875 15th Street, N.W. Washington, DC 20005 Tel: [phone] Fax: [phone] [e-mail] PAUL WILSON Paul, Hastings, Janofsky & Walker, LLP 875 15th Street, N.W. Washington, DC 20005 Tel: [phone] Fax: [phone] [e-mail]

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BRANDON WHITE Paul, Hastings, Janofsky & Walker, LLP 875 15th Street, N.W. Washington, DC 20005 Tel: [phone] Fax: [phone] [e-mail] ATTORNEYS FOR DEFENDANTS HARRIS BANKCORP, INC. AND HARRIS N.A. CERTIFICATE OF CONFERENCE This is to certify that on October 17, 2006, counsel for Moving Defendants, Peter Ayers, conferred with Plaintiff DataTreasury Corporation's counsel, Karl Rupp, who stated that Plaintiff does not oppose this Motion. /s/ L. David Anderson L. David Anderson

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by electronic mail by agreement of the parties on this the 17th day of October, 2006. /s/ L. David Anderson L. David Anderson

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EXHIBIT 1

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