Datatreasury Corporation v. Wells Fargo & Company et al

Filing 429

ORDER granting #428 Joint Motion to Stay and Extend Deadlines; It is further ordered that all other discovery and motion practice between DataTreasury Corp. Wells Fargo & Company, and Wells Fargo Bank N.A. is hereby stayed pending this Court's ruling on the merits of the Motion to Dismiss. Signed by Judge David Folsom on 1/22/07. (mrm, )

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 429

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

Document 428 429

Filed 01/20/2007 01/22/2007

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATA TREASURY CORPORATION, Plaintiff, v. WELLS FARGO & COMPANY, et al., Defendants. AGREED ORDER GRANTING JOINT MOTION TO STAY AND EXTEND DEADLINES On this day, the Court considered the parties Joint Motion to Stay and Extend Deadlines (the "Joint Motion"). After considering the Joint Motion, the Court is of the opinion that the Joint Motion is meritorious and should be granted. It is therefore, ORDERED that DataTreasury Corporation must respond to Wells Fargo & Company and Wells Fargo Bank, N.A.'s Motion to Dismiss or, in the Alternative, to Stay Pending Arbitration (the "Motion to Dismiss") on or before February 6, 2007. Accordingly, Wells Fargo & 2:06-CV-72 DF

Company and Wells Fargo Bank, N.A.'s reply, if necessary, will be due on or before February 16, 2007, and DataTreasury Corporation's surreply, if necessary, will be due on or before March 1, 2007. It is further ordered that all other discovery and motion practice between DataTreasury Corporation, Wells Fargo & Company, and Wells Fargo Bank, N.A. is hereby stayed pending this Court's ruling on the merits of the Motion to Dismiss, subject to the following provision. Neither party is currently aware of any discovery or motion practice related to discovery that is necessary for the Court to determine Wells Fargo's Motion to Dismiss. To the extent either party later determines that limited discovery or motion practice related to such discovery is

Agreed Order Granting Joint Motion to Stay and Extend Deadlines

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Dockets.Justia.com

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

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Filed 01/20/2007 01/22/2007

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needed solely with regard to the Court's determination of the Motion to Dismiss, the parties shall meet and confer to attempt to agree on whether the proposed discovery or motion practice related to the proposed discovery is appropriately limited to and directly pertaining to a determination of . arbitrability. If the parties are unable to so agree, the disputed discovery or motion practice related to the discovery shall be submitted to Magistrate Judge Craven, the appointed Discovery Master in this lawsuit, for consideration and ruling.
SIGNED this 22nd day of January, 2007.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE

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

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AGREED AND ENTRY REQUESTED: By: /s/ W. Barton Rankin___________ Brian J. Hurst Texas Bar No. 10313300 John G. Flaim Texas Bar No. 00785864 Jay F. Utley Texas Bar No. 00798559 Richard V. Wells Texas Bar No. 24033326 W. Barton Rankin Texas Bar No. 24037333 BAKER & McKENZIE LLP 2300 Trammell Crow Center 2001 Ross Avenue Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR DEFENDANTS, WELLS FARGO & COMPANY AND WELLS FARGO BANK, NATIONAL ASSOCIATION

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

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By: /s/ Anthony K. Bruster_____________ Edward L. Hohn Rod Cooper Anthony K. Bruster Nix, Patterson & Roach, LLP 5215 N. O'Connor Boulevard, Suite 1900 Irving, Texas 75039 Telephone: [phone] Facsimile: [phone] Joe Kendall Karl Rupp Texas State Bar No. 24035243
PROVOST UMPHREY LAW FIRM, L.L.P.

3232 McKinney Ave., Suite 700 Dallas, Texas 75204 Telephone: [phone] Facsimile: [phone] Eric M. Albritton
ALBRITTON LAW FIRM

P.O. Box 2649

Longview, TX 75606 Tel. [phone] Fax [phone] T. John Ward, Jr.
LAW OFFICE OF T. JOHN WARD, JR., P.C.

P.O. Box 1231 Longview, TX 75606 Tel. [phone] Fax [phone] Attorneys for Plaintiff, DataTreasury Corporation

DALDMS/598547.1

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